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Guest Post — Reconsidered: The Federal Circuit’s Enfish Interpretation of Mayo-Alice

By Circuit Judge Paul R. Michel (Ret.) and John T. Battaglia — The esteemed authors of Patent Docs have written of the need to reconsider the Federal Circuit’s approach to section 101 eligibility, given the court’s latest expansion and en-banc vote on subject-matter eligibility in AAM v. Neapco (Fed. Cir. July 31, 2020). Is It Time for Federal Circuit to Rethink Its Subject Matter Eligibility Jurisprudence? by Kevin E. Noonan, Ph.D., Patent Docs (Aug. 24, 2020). Among other points, we agree that such a need exists and suggest that the first step should lie with correcting the Federal Circuit’s decisions…

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