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Clarity on Patent Eligibility Law Could Be Coming In 2022
IP lawyers are looking for something in 2022 that's been elusive for the last decade: clarity on patent eligibility law.
"I think we have a lot of things going in a good direction for that," said McAndrews, Held & Malloy partner Scott McBride. He pointed to renewed Supreme Court interest, a PTO director nominee well-versed on the issue, and a district judge poised to join the U.S. Court of Appeals for the Federal Circuit who's handled hundreds of Section 101 cases.
Latham & Watkins partner Anthony Sammi and others noted that the Supreme Court has asked the solicitor general for input on whether to take the eligibility case American Axle & Manufacturing v. Neapco Holdings, which split the Federal Circuit 6-6.
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