Health Care

Patent eligibility under 35 U.S.C. § 101 should be a straightforward threshold question: any “new and useful process, machine, manufacture, or composition of matter” is eligible for protection. Yet over time, this once-clear principle has become anything but.

Although the statute itself has remained unchanged for two centuries, its interpretation has evolved dramatically through judicial

On September 30, 2025, the U.S. Food and Drug Administration (FDA) issued a Request for Public Comment seeking input on “practical approaches to measuring and evaluating the performance of AI-enabled medical devices in the real-world,” including strategies for detecting, assessing, and mitigating performance changes over time (the “Request”). 

The Request acknowledges the opportunities for AI,

Telemedicine Risks Have Evolved

In the early days of telemedicine, lawyers routinely counseled physicians on the “big risks,” which included:

  • Making sure their Wi-Fi connection was stable
  • Ensuring their appearance was professional to be on camera with patients
  • Addressing patient privacy — who might overhear the visit?
  • Considering patient safety — who else might be