Michel Puts Hope in ‘Imminent’ Patent Bills Following SCOTUS Eligibility Denials

Director William H. Milliken was quoted in the article “Michel Puts Hope in ‘Imminent’ Patent Bills Following SCOTUS Eligibility Denials,” published by IPWatchdog. Will provided the following commentary on the Supreme Court’s denial of certiorari in two patent eligibility cases:

“That the Supreme Court has now asked for the government’s views in five separate § 101 cases in recent years suggests that the Justices are interested in addressing subject-matter eligibility. That they have rejected multiple grant recommendations from the government, however, suggests that the Justices have not yet found a case they view as a suitable vehicle for doing so. Avery Dennison differs from the other cases that the government has recommended the Court take in that the petitioner in Avery Dennison is arguing that the Federal Circuit is applying § 101 too narrowly, instead of too broadly. If the Justices are inclined to that viewpoint—as opposed to the more patentee-friendly viewpoint set forth in the other recent high-profile § 101 petitions—then perhaps Avery Dennison has a chance at a grant. We will know more after the Court’s May 25 conference, when it is set to consider the petition.”