Morgan Lewis Partner William Peterson will be speaking on the panel, “The Section 101 Struggle: Patent-Eligibility Under 35 U.S.C. 101” at the Federal Circuit Bar Association’s 2019 Bench & Bar Conference
The system continues to wrestle with the Alice/Mayo framework for patent eligibility and caselaw now suggests that components of the analysis may be factual (e.g., Berkheimer and Aatrix). Whether clients, litigants, the Patent and Trademark Office, or the courts, the effort to construct a cohesive and yet effective framework continues. It does so at the same time that some commentators call for juridical or legislative reevaluation of the regime. This panel places the business implications and developments in sharp focus.