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Sep 22, 2017

Shearman & Sterling’s Digest on Federal Circuit Jurisprudence Concerning the “Abstract Idea” Exception to 35 U.S.C. § 101

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At first glance, the development of Section 101 jurisprudence appears chaotic. The Supreme Court captured several different kinds of problems in Alice and its earlier patentable-subject-matter opinions, and the Federal Circuit’s post-Alice approach has multiplied the problem by tangling several different legal threads in a way that has not so far resulted in clear, consistent statements of law. In this article, we attempt to describe and characterize the primary threads of the current view of Section 101, as illustrated in appellate opinions to date.

View the Sept 2017 Digest on Federal Circuit Jurisprudence Concerning the “Abstract Idea” Exception to 35 U.S.C. § 101

Authors and Contributors

Mark Hannemann

Partner

Litigation

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+1 212 848 7696

New York

Thomas R. Makin

Partner

Litigation

+1 212 848 7698

+1 212 848 7698

New York

Matthew Berkowitz

Partner

Litigation

+1 650 838 3737

+1 650 838 3737

+1 212 848 7701

+1 212 848 7701

Menlo Park

Patrick Colsher

Associate

Litigation

+1 212 848 7708

+1 212 848 7708

New York

Eric Lucas

Associate

Litigation

+1 212 848 4955

+1 212 848 4955

New York