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.

Ryan N. Phelan is a registered patent attorney who advises clients across all areas of intellectual property, with a focus on patents. An MBA graduate of Northwestern University’s Kellogg School of Management, Ryan helps startups and Fortune 500 companies protect and commercialize innovation. A former Accenture technology consultant with a background in computer science and engineering, he has deep experience across AI, medical devices, software, data, security, and emerging technologies.

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Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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Our Guest

Ryan N. Phelan
Ryan N. PhelanPartner, Marshall, Gerstein & Borun LLP

Your Host

Tom Hagy
Tom HagyEditor-in-Chief
Tom Hagy is host and producer of the Emerging Litigation Podcast, now approaching its 120th episode with more than 15,000 downloads, along with thousands of additional views on the HB Litigation News YouTube channel. He edits a litigation blog that ranked as the most read in its category on JD Supra in 2025 and regularly writes about emerging legal issues for the HB website.
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