In Law360, IP Litigator Examines Section 101 Patent Eligibility Issues

IP litigation counsel Matthew Rizzolo (Washington, D.C.) was quoted in a June 4 Law360 article on a concurring opinion by two Federal Circuit judges in a recent case where the judges called for Congress to clarify the patent eligibility law under Section 101 of the Patent Act.

Mr. Rizzolo explains that Congress has the power to rewrite Section 101 and clearly define what is and is not patent-eligible, and that this is an area facing legal uncertain in the last several years since the U.S. Supreme Court’s Alice and Mayo decisions. He notes that the Federal Circuit judges are the latest high-profile figures in patent law calling on lawmakers to clarify or revise the statute, and could potentially be catalysts in creating momentum for congressional action.