What is Section 101 patent eligibility jurisprudence?

Section 101 of the U.S. patent code defines what subject matter is eligible for a patent. Jurisprudence refers to the body of court decisions that interpret these laws. In recent years, particularly after the Supreme Court's *Alice* decision, Section 101 jurisprudence has become a major hurdle for patent eligibility, especially for software and business method patents, often being used to invalidate patents deemed to be based on "abstract ideas."

Will the Supreme Court's decisions this term change patent law significantly?

The Supreme Court has denied cert in several patent cases this term, meaning their lower court decisions stand. However, the pending *American Axle v. Neapco* case could still have a significant impact on Section 101 jurisprudence if the Court decides to hear it. Its denial of cert in other cases suggests a continued reluctance to broadly address patent law issues.

What does it mean when the Supreme Court denies a petition for writ of certiorari?

Denying a petition for writ of certiorari means the Supreme Court has chosen not to hear the case. The decision of the lower court (usually the Federal Circuit in patent cases) remains in effect. It does not mean the Supreme Court agrees with the lower court's decision, but rather that they do not believe the case presents a question of federal law that warrants their review at that time.

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SCOTUS Patent Cases: What's Still Hanging?

The Supreme Court's term is winding down, and the fate of several crucial patent cases hangs in the balance. Will Section 101 keep swallowing patent law, or will clarity finally emerge?

Legal AI Beat Apr 25, 2026 7 min read

The exterior of the Supreme Court building with a gavel on a desk.

⚡ Key Takeaways

The Supreme Court denied cert in Cisco Systems v. SRI International, leaving the Federal Circuit's interpretation of enhanced damages standards in place. 𝕏
PersonalWeb Technologies v. Patreon also saw its petition denied, meaning the Federal Circuit's application of patent-specific preclusion principles, including the Kessler doctrine, remains largely unchallenged for now. 𝕏
The critical Section 101 case, American Axle & Manufacturing v. Neapco Holdings, is still awaiting a decision from the Supreme Court after a year-long wait for the Solicitor General's brief, with the SG recommending denial of cert. 𝕏