In a Law360 article, IP litigation partner Matt Rizzolo and associates Matthew Shapiro analyzed data finding that in the past two years patent eligibility under Section 101 is being challenged at the U.S. International Trade Commission more frequently than ever before.
The authors note that the ITC is finding more patent claims ineligible under Section 101. Their research indicates that options for pretrial resolution of Section 101 at the ITC are limited and administrative law judges are willing to change their mind on Section 101 issues over the course of an investigation.
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