Feds Want to Dismantle Alice Patent Precedent, Justices Told

Intellectual Property attorney Anthony Fuga was quoted in a Law360 article about the solicitor general's push to have the U.S. Supreme Court review the issue of patent eligibility. U.S. Solicitor General Elizabeth Prelogar put forward a joint brief recommending that the justices take up appeals in a pair of cases that she says reflect "significant confusion" over the thorny issue of patent eligibility. Both cases involve how courts decide whether patents issued by the U.S. Patent and Trademark Office actually cover inventions described by Section 101 of the Patent Act. The parties in both cases expressed concerns that the government is proposing an entirely new patent-eligibility standard that would dismantle the court's precedent. Mr. Fuga, who represents a party involved, explained that the issues in each case are distinct. 

"The questions are significantly different," he said.

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