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Section 101’s power wanes after Berkheimer

Ellie Mertens and Michael Loney, New York

New data reveals that findings of invalidity have dropped since Berkheimer, the most important US subject matter eligibility case of 2018. Ellie Mertens and Michael Loney investigate

Section 101 of the US Patent Act has been wielded like a weapon to take down patents since Alice v CLS Bank. The Supreme Court's June 2014 decision reiterated a two-part test to determine patents' eligibility.

A source with extensive...

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