Latest Section 101 Cert Petition Before SCOTUS Says CAFC Answered Two-Step Test with Single Inquiry

Yesterday, a petition for writ of certiorari was filed at the U.S. Supreme Court taking aim at the federal judiciary’s conflation of subject matter eligibility with other areas of the patent statute, a growing concern in U.S. patent law since the Court decided Alice v. CLS Bank International (2014). Arguing that the U.S. Court of Appeals for the Federal Circuit used a single observation to answer both steps of the Alice/Mayo inquiry, the petitioner urges the Court to correct the Federal Circuit’