Last Days of Patent Eligibility Confusion with Ryan Phelan


As if the rocketing evolution of technology isn’t presenting enough challenges to inventors under patent law, the Supreme Court has done its part, too.

I just finished reading Graham Moore’s novel “The Last Days of Night,” where titans of the late 1800s and early 1990s Thomas Edison, George Westinghouse, and Nikola Tesla “clashed with sparks flying over AC and DC electrical power systems,” a corny description suggested by my AI editor.

Having read the book, it was fun to speak with modern day attorney Ryan N. Phelan of modern day Marshall Gerstein. Listen as this seasoned patent attorney walks me through: 

  • The intricate landscape of patent eligibility in the United States. 
  • Twin patent law decisions from the Supreme Court — Mayo and Alice (the name of a singer-songwriter group if I ever heard one, or a sandwich shop).
  • The proposed Patent Eligibility Restoration Act and how — if passed — it could unlock new opportunities for innovation amid the challenges posed by judicial exceptions. 

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This podcast is the audio companion to the Journal of Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation, a brand ofCritical Legal Content(a custom legal content service for law firms and service providers)and the vLex Fastcaselegal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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