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Abstract Ideas Today's Popular Updates Patent-Eligible Subject Matter

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

Knobbe Martens

Claim Construction When Uniformly Referring to Aspects of an Invention

Knobbe Martens on

Chewy, Inc. v. International Business Machines Corporation - Before Moore, Chief Judge, Stoll and Cunningham. Appeal from the United States District Court for the Southern District of New York....more

MoFo Tech

AI Trends For 2024 - The “Abstract Ideas” Behind Artificial Intelligence Inventions

MoFo Tech on

The evolution of artificial intelligence (AI) technologies has triggered a surge in the filings of patent applications, from machine learning models to applications of those models. See USPTO, Artificial Intelligence (AI)...more

McDermott Will & Emery

Standard Computer Equipment Can Support Inventive Concept under Alice Step 2

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit overturned a district court dismissal of a patent case for errors in analyzing the claims’ patent eligibility under Alice. The Court found that regardless of whether the claimed...more

Sheppard Mullin Richter & Hampton LLP

How to Successfully Obtain Blockchain Patents

As with other rapidly-evolving technologies, the blockchain space is experiencing a frenzy of patent activity. The data shows that there are 3-4 times as many published applications as there are issued patents for these...more

McDonnell Boehnen Hulbert & Berghoff LLP

On the Patent Eligibility of Graphical User Interfaces: Part I

The evolution of graphical user interfaces parallels the evolution of computing technology itself.  As computers grow more powerful and sophisticated, so does their ability to display cutting-edge representations of...more

Troutman Pepper

Federal Circuit Review - Issue 274

Troutman Pepper on

274-1 Federal Circuit Revisits American Axle & Manufacturing; Case Remanded to Determine if One of the “Hooke’s Law” Claims is Ineligible under Other Theories of Eligibility - The Federal Circuit recently issued a modified...more

McDonnell Boehnen Hulbert & Berghoff LLP

XY, LLC v. Trans Ova Genetics, LC (Fed. Cir. 2020)

Last week, the Federal Circuit took the opportunity presented in an appeal from judgment on the pleadings in XY, LLC v. Trans Ova Genetics, LC to distinguish claims directed toward a patent-eligible invention from...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - March 2020: Another Patent Ineligible Technology - Adding to the Growing List

We wanted to bring to your attention a recent case out of the Federal Circuit: Customedia v. Dish.  This case focused on patent-eligibility and computer software claims... ...more

Sheppard Mullin Richter & Hampton LLP

Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 1

This article is the first of a five-part series of articles dealing with what patentability of machine learning looks like in 2019. This article begins the series by describing the USPTO’s 2019 Revised Patent Subject Matter...more

Holland & Knight LLP

S.D.N.Y.: Money Transfer Patent Directed to Patent-Ineligible Subject Matter

Holland & Knight LLP on

Western Express Bancshares (WEB) alleged that Green Dot’s sale of debit cards infringed WEB’s patent, which was directed to a method of transferring money through a bank card where (1) the card was linked to a bank account,...more

McDonnell Boehnen Hulbert & Berghoff LLP

Jaguar Land Rover Ltd. v. Bentley Motors Ltd. (E.D. Va. 2019)

Land Rover's Patented "Terrain Response Technology" Found Patent Eligible - In 2016, Bentley Motors Ltd. and Bentley Motors, Inc. launched their first SUV, the Bentayga, which is a direct competitor to Jaguar Land Rover...more

Cooley LLP

Alert: USPTO Revised Patent Eligibility Guidelines Significantly Eases Path to Obtaining Computer-Related Patents

Cooley LLP on

On January 7, 2019, the United States Patent and Trademark Office (USPTO) issued the 2019 Revised Patent Subject Matter Eligibility Guidance, a major update to the examination guidelines for evaluating whether a patent claim...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Global Patent Prosecution Newsletter - October 2018: The State of Patentable Subject Matter Internationally

As evidenced recently in the United States, it may be difficult to tell what categories of inventions are eligible for patent protection in foreign jurisdictions. To further complicate issues, standards of eligible subject...more

Jackson Walker

Internet of Things Part 3: How Your Smart Toothbrush Is An Idea Worth Protecting

Jackson Walker on

Let’s set the scene: My new company develops a smart toothbrush from the ground up. It brushes your teeth, provides you with real-time information about your dental health while you brush, and even provides targeted...more

Nutter McClennen & Fish LLP

Avoiding Early § 101 Dismissal with Factual Disputes

Since the Supreme Court’s decision in Alice Corp. v. CLS Bank in 2014, there has been an increasing trend in district courts granting pretrial dispositive motions to effect early dismissal of patent infringement cases under...more

Shook, Hardy & Bacon L.L.P.

Cloud Cybersecurity New Hot Area For Patent Disputes: Blue Coat Systems In Major Patent Battle On Its Cloud-Based Security...

Today’s threats against enterprise and personal data are more formidable and advanced than ever. Over the past decade the cybersecurity industry has rapidly expanded in response to the need for increased online and...more

Sheppard Mullin Richter & Hampton LLP

Video Game Network Patent Found to Be Patent Eligible – Not an Abstract Idea

The Federal District Court in Delaware recently denied a motion to dismiss a patent infringement case involving a video game networking technology patent based on the patent allegedly being invalid for lack of...more

Kilpatrick

Key Takeaways: Software Patent Prosecution Requires Data-Based Strategies Due to Patent Office Inconsistencies

Kilpatrick on

Kilpatrick Townsend attorneys Kate Gaudry, Ph.D. and Thomas D. Franklin recently presented at the Practising Law Institute’s 11th Annual Patent Law Institute regarding “Software/EE: Are We There, Yet?”. ...more

Burr & Forman

Improving Patent Eligibility for Your Software Despite the Prohibition of Patent Protection for "Abstract Ideas"

Burr & Forman on

As technologies advance, the Patent Office (as well as the Nation’s courts) must utilize Section 101 of the Patent Act to place reasonable limitations on patent eligibility to ensure that our patent system balances the...more

Knobbe Martens

Determining Patent Eligibility Pre-Claim Construction May Be Premature

Knobbe Martens on

For the third time in two months, the Federal Circuit took on patent subject-matter eligibility in Amdocs (ISRAEL) Ltd. v. Openet Telecom, Inc. In a divided opinion, the Federal Circuit reversed the district court and held...more

Akin Gump Strauss Hauer & Feld LLP

Video Upload Facilitation Patents Invalid Under Alice Framework

On November 10, 2016, Judge David C. Godbey of the United States District Court for the Northern District of Texas held that two video upload patents were invalid under 35 U.S.C. § 101. The patents, owned by Youtoo...more

Holland & Knight LLP

Federal Circuit Split On Specification's Role In Determining Patent Eligibility

Holland & Knight LLP on

The U.S. Court of Appeals for the Federal Circuit recently reversed a district court ruling that four related software patents are patent ineligible under 35 U.S.C. §101, by considering the specification to determine that the...more

Weintraub Tobin

Federal Circuit Takes A Common Law Approach to “Abstract Idea” Determinations in Alice Cases

Weintraub Tobin on

In Amdocs (Israel) Ltd. v. Openet Telecom Inc. et al., the U.S. Court of Appeals for the Federal Circuit recently upheld four software patents against a patent-eligibility challenge, finding that the patents do not claim an...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

Fenwick & West LLP on

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

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