News & Analysis as of April 28, 2025

Technology Sector

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Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes. less -

The Uncertain Future of Section 101: Patent Eligibility in the Wake of Recent Supreme Court (In)Action

Proskauer - The Patent Playbook on 4/8/2025

Patent eligibility under 35 U.S.C. § 101 remains one of the most hotly contested and unpredictable areas of U.S. patent law. In the years following the Supreme Court’s landmark decisions in Alice Corp. v. CLS Bank Int’l...more

Access Denied: Patent for Controlling Entry Found Ineligible Under Section 101

Holland & Knight LLP on 2/25/2025

Earlier this month in Luxer Corp. v. Package Concierge, the U.S. District Court for the District of Delaware found that U.S. Patent No. 11,625,675 was ineligible under Section 101. In assessing the defendant's motion to...more

One of the Early Appeal Decisions in Quantum Computing Represents a Positive Datapoint

McDonnell Boehnen Hulbert & Berghoff LLP on 2/21/2025

As reported by Quantum Insider, this past week, the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) overturned an examiner's rejections of an application directed to a quantum...more

USPTO's AI Strategy: Key Focus Areas and Insights

MoFo Tech on 1/20/2025

The United States Patent and Trademark Office (USPTO) has released a strategy document outlining organizational initiatives, trends, and goals relating to artificial intelligence (AI). The USPTO Artificial Intelligence...more

Protecting Innovation in an AI-Powered Age: Patents

Fish & Richardson on 1/8/2025

With the advent of generative artificial intelligence (or “GenAI”), many companies have begun to shift their innovation strategies to incorporate and rely on GenAI tools. These tools can be powerful drivers of technological...more

Election Results Are In—Here’s How IP Disputes Policy May Change.

A&O Shearman on 11/12/2024

Intellectual property policy may not have driven many voters to the polls on November 7, but change was on the ballot. Below, we summarize changes in U.S. intellectual property law that you might see starting in January 2025....more

Intellectual Property Law in the Age of Generative AI

Keating Muething & Klekamp PLL on 10/17/2024

The recent surge of accessible generative AI (“GenAI”) tools has kept attorneys, particularly those in the intellectual property, technology, data privacy, and cybersecurity spaces, on their toes. Within the intellectual...more

How to Overcome the Two Biggest Challenges of Patenting AI Technologies

Foley & Lardner LLP on 2/28/2020

Two interwoven challenges come to mind when considering how to successfully patent AI technologies. The first of these challenges is drafting claims whose infringement is detectable despite the black box nature of AI...more

Intellectual Property Outlook: Cases and Trends to Follow in 2020 — Part 2

Sheppard Mullin Richter & Hampton LLP on 2/4/2020

ART 2: EFFORTS TO CLARIFY PATENT ELIGIBILITY UNDER § 101 - In this four-part series, we take a look forward at the cases, legislation, and other trends that are likely to have a significant impact on intellectual property...more

Peer-to-Peer Employment Verification Patent Directed to Unpatentable Subject Matter

Holland & Knight LLP on 10/17/2019

Tenstreet asserted its patent against DriverReach, a recruiting company for hiring CDL drivers, in the Southern District of Indiana. DriverReach moved to dismiss the complaint, arguing that the asserted patent was directed to...more

Patent Eligibility Reform in Congress: Updates on the Tillis-Coons Proposal

Fenwick & West LLP on 8/26/2019

In April, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) proposed a draft framework for legislation reformulating the standards for determining patent eligibility under § 101 of the Patent Act. The framework largely...more

Vehicle Control Patent Survives Early Eligibility Challenge

Holland & Knight LLP on 7/10/2019

Jaguar Land Rover (JLR) asserted U.S. Patent No. RE46, 828, titled "Vehicle Control" against its competitor Bentley Motors Limited. The patent is related to electronically controlling the vehicle's subsystems (e.g., engine,...more

Automotive MarketTrends - June 2019, Issue 2

Foley & Lardner LLP on 6/27/2019

Welcome to Foley’s Automotive MarketTrends newsletter. In each edition, we will focus on a different aspect of the automotive sector and highlight key trends in the industry. In this issue, we focus on collaboration and the...more

Emerging Legal Trends AI: Can Israel Join the U.S. and Europe as a Leader in AI Protections?

Mintz - Intellectual Property Viewpoints on 6/11/2019

The intersection of artificial intelligence (AI) and intellectual property invokes fascinating theoretical questions. For example, can a machine own an invention? Or be liable for the consequences of its actions? However,...more

IoV Technologies as Patentable Subject Matter After Alice

WilmerHale on 11/21/2018

This is the second in a series of five articles written by WilmerHale discussing how the emergence of IoT technologies will impact the automotive industry. The first article, ‘‘The Developing Landscape of Internet of Things...more

Drafting Effective Blockchain Patents

Sheppard Mullin Richter & Hampton LLP on 4/2/2018

As the number of blockchain-based patents and patent applications increases, more companies have become interested in pursuing these patents. Other companies still think that blockchain-based inventions are not patentable....more

AI: The Path of the Future or Industry Hype?

Mintz on 3/23/2018

Artificial intelligence (AI) — the science of teaching a machine how to “think” — has its roots in the 1950s. But until recently, it was considered a niche that was reserved for academics and government-sponsored research...more

Protecting Artificial Intelligence and Big Data Innovations Through Patents: Subject Matter Eligibility

Jones Day on 3/15/2018

The Situation: Artificial intelligence ("AI") and big data ("BD") innovations are a driving force of the current technological revolution, dramatically changing the way we search for information, communicate, operate devices,...more

Patenting Software Methods

Snell & Wilmer on 2/7/2018

Software methods can be patented in the United States if the application is prepared to describe and claim subject matter legally defined as being patentable. Under Alice Corp. v. CLS Bank International, 134 S. Ct. 2347...more

Protecting Artificial Intelligence IP: Patents, Trade Secrets, or Copyrights?

Jones Day on 1/12/2018

The Situation: Artificial intelligence ("AI") technology is exploding across virtually all industries. Technology companies are innovating at warp speed, and even companies that do not principally identify as "technology...more

Shzoom Requests the Federal Circuit Reissue Trading Technologies as Precedential Opinion

Fenwick & West LLP on 3/23/2017

On January 18, 2017 the Federal Circuit issued an opinion in Trading Technologies Int’l., Inc. v. CQG, Inc., its first decision finding a user interface to be patent eligible subject matter. The court designated the opinion...more

Patentability of software in Italy & partial recovery of profits (infringement of patents on marginal aspects of a product)

Hogan Lovells on 2/6/2017

By judgement of January 3rd, 2017, the Turin Court of Appeal delivered a monumental decision in a longstanding patent dispute concerning the validity and infringement of patents relating to an Electronic Program Guide (EPG)...more

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