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McAfee & Taft

Navigating the new USPTO guidance on AI patent eligibility

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The U.S. Patent and Trademark Office (USPTO) recently issued new guidance regarding patent-eligible subject matter for artificial intelligence (AI). This new guidance is intended to assist patent examiners and stakeholders in...more

Knobbe Martens

Federal Circuit Review - September 2024

Knobbe Martens on

Combining Abstract Ideas Does Not Make Them Less Abstract - In Broadband Itv, Inc. v. Amazon.Com, Inc., Appeal No. 23-1107, the Federal Circuit held that when assessing patent eligibility under 35 U.S.C. § 101, combining two...more

Procopio, Cory, Hargreaves & Savitch LLP

Overcoming Obstacles to Securing Patents for AI-Related Inventions

Companies in multiple industries are experimenting with artificial intelligence to generate specific solutions to long-standing challenges. To this end, numerous companies are filing patent applications for inventions...more

McDermott Will & Emery

Stay Focused: New Point of View of Patent Eligibility

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reversed and remanded a district court’s decision that the asserted claims were patent ineligible under 35 U.S.C. § 101, finding that the district court improperly characterized...more

Fish & Richardson

Federal Circuit Finds Conventional Components Can Provide a Technological Advantage at Alice Step 1

Fish & Richardson on

On September 9, the Federal Circuit reversed a Northern District of California decision that invalidated two video camera patents as being directed to patent-ineligible abstract ideas under 35 U.S.C. § 101. Contour IP...more

Holland & Knight LLP

Federal Circuit Focuses on POV Camera Technology in Latest Patent Eligibility Opinion

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In Contour IP Holding LLC v. GoPro, Inc., the U.S. Court of Appeals for the Federal Circuit reversed a summary judgment in which the asserted patents were directed to an abstract idea and, thus, patent-ineligible....more

Knobbe Martens

Combining Abstract Ideas Does Not Make Them Less Abstract

Knobbe Martens on

Before Dyk, Reyna, and Stark. Appeal from the United States District Court for the Western District of Texas. Summary: When assessing patent eligibility under 35 U.S.C. § 101, combining two abstract ideas does not make...more

BakerHostetler

Federal Circuit Reverses Ineligibility Finding on POV Cameras and Processing

BakerHostetler on

On September 9, the Court of Appeals for the Federal Circuit reversed a finding by the District Court for the Northern District of California that point-of-view camera claims were ineligible. ...more

Hudnell Law Group

Intrinsic Record Paramount In Rule 12 Eligibility Determinations

Hudnell Law Group on

In the recent decision of Miller Mendel, Inc. v. City of Anna, Texas, 2024 U.S. App. LEXIS 17637 (Fed. Cir. July 18, 2024), the Federal Circuit upheld the district court’s grant of a motion for judgment on the pleadings under...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: It's Been Too Long

Holland & Knight LLP on

It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more

McDonnell Boehnen Hulbert & Berghoff LLP

Intellectual Property Tips for America’s Quantum Hub

There has been a flurry of activity in Illinois over the last few months with regards to quantum computing. For example, the state enacted a package of bills that provides tax incentives for quantum computing development,...more

Baker Botts L.L.P.

The Importance of Prong Two of Step 2A for AI inventions

Baker Botts L.L.P. on

Under the direction of President Biden’s executive order on artificial intelligence (AI), the United States Patent and Trademark Office (USPTO) issued a guidance update on the subject matter eligibility analysis “to promote...more

McDermott Will & Emery

Not Just a Blip: Section 101 as Affirmative Defense

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On appeal from a motion to dismiss based on subject matter eligibility, the US Court of Appeals for the Federal Circuit held that a district court appropriately analyzed certain claims as representative claims and that the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2024 #2

Mobile Acuity Ltd. v. Blippar Ltd., Appeal No. 2022-2216 (Fed. Cir. Aug. 6, 2024) In its only precedential patent opinion last week, the Federal Circuit confirmed the invalidity of all claims of two asserted patents as...more

Goodwin

USPTO Issues Further Guidance on AI-Related Patent Eligibility

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On July 17th, the USPTO issued a guidance update to help USPTO personnel and those who interact with the agency evaluate the subject matter eligibility of claims in patent applications involving artificial intelligence (AI)....more

Paul Hastings LLP

Artificial Intelligence Patents: Reflections on Recent US v EU v UK Approaches

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The rapid increase in innovation and popularity surrounding AI, its capabilities and seemingly endless applications has created a technological revolution, the magnitude of which hasn’t been seen for decades. This has led to...more

McDermott Will & Emery

Don’t Mess With Anna: Texas Town Schools Patent Owner on § 101

On cross-appeals from a granted Fed. R. of Civ. Pro. 12(c) motion on subject matter eligibility, the US Court of Appeals for the Federal Circuit found that a patent directed to a method for “assist[ing] an investigator in...more

Mintz - Intellectual Property Viewpoints

Understanding the 2024 USPTO Guidance Update on AI Patent Eligibility

The United States Patent and Trademark Office (USPTO) issued an important update to its guidance on patent subject matter eligibility under 35 U.S.C. § 101, specifically focusing on artificial intelligence (AI) and other...more

WilmerHale

USPTO Issues Guidance Update on Subject Matter Eligibility of Artificial Intelligence

WilmerHale on

On July 17, 2024, the United States Patent and Trademark Office (USPTO) published guidance regarding the patent subject matter eligibility of claims concerning technology applicable to artificial intelligence (AI)....more

BakerHostetler

USPTO AI Examination Update Provides New Example Cases Analyzing Subject Matter Eligibility Under §101

BakerHostetler on

In a July 16 press release, The U.S. Patent and Trademark Office (USPTO) announced that it issued a guidance update on “patent subject matter eligibility to address innovation in critical emerging technologies including...more

Mayer Brown

USPTO Provides Insight Into Patent Eligibility in the Context of AI

Mayer Brown on

As required by President Joe Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the United States Patent and Trademark Office (“USPTO”) issued the Guidance on Patent...more

Rothwell, Figg, Ernst & Manbeck, P.C.

This Summer in Artificial Intelligence: Newly Released USPTO Guidance and Exemplary Worldwide Inventorship Updates

The United States Patent and Trademark Office (USPTO) recently published new guidance on subject-matter eligibility as related to Artificial Intelligence (AI), opening a written comment window to respond with a deadline of...more

McDermott Will & Emery

House Rules: Remote Gambling Activity Claims Go Bust

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit applied the Alice/Mayo framework to assess whether claims directed to remote gambling were patent eligible under 35 U.S.C. § 101 and determined that the claims were directed to...more

AEON Law

Patent Poetry: Federal Circuit Invalidates Remote Gambling Patents

AEON Law on

The Federal Circuit has affirmed a federal district court’s dismissal of patent infringement suits involving patents for remote gambling, because it found the subject matter not eligible for a patent....more

Sheppard Mullin Richter & Hampton LLP

Alice Step 2 May be Satisfied by a Patent’s Description and use of Claimed Technology

Allegations in a complaint may be insufficient to raise a factual dispute under Step 2 of Alice when a patent’s specification contradicts those allegations by using the claimed technology in a way that demonstrates a person...more

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