Positional Conflicts of Interest

Whenever patent eligibility issues under 35 U.S.C. §101 go up to the Supreme Court for review, I’m often curious how firms, including firms on amicus briefs, advocating for limited interpretation of §101 navigate positional conflicts of interest.  For example, arguing on behalf of one client that computer implemented methods should not be patentable would seemingly be to the detriment of a prosecution client that is currently claiming such an invention or owns patents directed to such inventions.

There is a recent article on positional conflicts of interest in the Texas Law Review available at this [Link].  Perhaps somebody can talk David Hricik into covering this issue on Patently-O.

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