Talkin’ Trade: When Section 101 Meets Section 337

Ropes & Gray’s podcast series Talkin’ Trade explores the world of Section 337 unfair import investigations at the U.S. International Trade Commission. Historically, challenges to patent subject matter eligibility under Section 101 of the Patent Act have been rare at the ITC, as the Commission’s Section 337 proceedings necessarily involve tangible, physical goods. But recent changes in the case law from the Federal Circuit and the Supreme Court have led to a noticeable uptick in the numbers of times the Commission and its ALJs have been forced to grapple with patent eligibility issues. Ropes & Gray attorneys Matt Rizzolo, Matt Shapiro and Brendan McLaughlin discuss how Section 101 challenges have evolved over time at the ITC, and how this issue may be litigated differently before the Commission than in district court patent litigation. They also provide an update on recent proposed litigation that may affect Section 337 proceedings.