Lighthouses in the Fog: Navigating the Gray Areas of Subject Matter Eligibility Under 35 USC §101

Our own Eric Newhouse and Dallin call will be presenting this CLE on March 9th from 11 am to 12 pm at Creighton University School of Law OR via live webcast

Under 35 U.S.C. §101, patent eligible subject matter is defined as “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” Courts created exceptions to the literal scope of §101, further defining laws of nature, natural phenomena, and abstract ideas as ineligible subject matter. The recent Alice v. CLS Bank decision cast a murky fog over the “anything under the sun that is made by man” standard to which innovators and practitioners had grown accustomed.

While the Supreme Court and the Federal Circuit have avoided providing clear boundaries between eligibility and ineligibility under §101, cases such as McRO, Amdocs, DataTreasury, and Cellzdirect have cast rays of light that may help innovators and practitioners steer toward the realm of eligible subject matter in defining their inventions. In addition to discussing these cases, presenters Eric and Dallin will also discuss the following:

• Subject matter eligibility test under Mayo and Alice;
• Gray areas where the law and potential outcomes are still uncertain; and
• Practice tips for innovators and practitioners in software, data technology, and the life sciences.

To find out more and to register, visit http://www.nebar.com/events/EventDetails.aspx?id=931560&group.

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