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IP Litigation in 2022: Trade Secrets, Artificial Intelligence, Bio-Interchangeables and—Maybe—Section 101 Clarity, The Recorder

December 30, 2021

As new justices have joined the Supreme Court bench, it has sought the solicitor general’s views on reentering the debate over Section 101 of the Patent Act—but has not yet granted cert. While both practitioners and the Federal Circuit have found the Court’s eligibility test difficult to apply, partner Brent Hawkins told The Recorder that he is unsure how soon the law will be made clear. “I don’t know that practitioners are going to get what they want from a Supreme Court ruling,” Brent said. One thing he does expect to see in 2022, however, is an uptick in litigation over patents essential for practicing widely adopted technology standards. “There’s more rapid movement toward 5G but also Wi-Fi 6 and other technologies. I can’t imagine portfolio holders are going to hold their cards too long before they’re out there asserting,” he said.

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