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The Briefing: The Patent Puzzle: USPTO's Guidelines for AI Inventions
4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation
Behaving Badly: OpenSky v. VLSI and Sanctions at the PTAB — Patents: Post-Grant Podcast
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Wolf Greenfield Attorneys Preview What’s Ahead in 2024
Noteworthy Points in the Rules for the Implementation of China's Patent Law 2023
5 Key Takeaways | Best Practices in Patent Drafting: Addressing 112 and Enablement after Amgen
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
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
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
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
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
Beteiro, LLC v. Draftkings Inc., Appeal Nos. 2022-2275, -2277, -2278, -2279, -2281, 2283 (Fed. Cir. June 21, 2024) In its only precedential patent opinion this week, the Federal Circuit affirmed the Rule 12(b)(6)...more
The Federal Circuit held that patent claims directed to storing and providing medical images over the web as “virtual views” were invalid under 35 U.S.C. § 101 because they involved nothing more than “converting data and...more
In 2010, Trading Technologies International, Inc. (“TT”) filed suit against IBG LLC and its subsidiary Interactive Brokers LLC for patent infringement. The four patents in question, U.S. Patent Nos. 6,766,304; 6,772,132;...more
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
We are pleased to share Sheppard Mullin’s inaugural “Year in Review” report that collects and reports on most key patent law-related Federal Circuit decisions for 2023. This is a follow up to the quarterly report we...more
Janssen Pharms., Inc. et al. v. Teva Pharm. USA, Inc. et al., Appeal Nos. 2022-1258, -1307 (Fed. Cir. April 1, 2024) In this week’s Case of the Week, the Federal Circuit vacated-in-part a district court’s bench trial...more
A Federal Circuit judge, sitting by designation in the District of Delaware, granted-in-part and denied-in-part a Rule 12(c) motion by the defendant for judgment based on patent eligibility under 35 U.S.C. § 101. The case...more
In a patent case involving claims directed to train-traffic-control systems, Judge Failla of the Southern District of New York denied Defendant Amtrak’s motion to dismiss, rejecting Amtrak’s arguments that Plaintiff Railware,...more
The US Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit on § 101 grounds, rejecting the patentee’s argument that claim construction or discovery was required before assessing...more
Trinity Info Media, L.L.C. v. Covalent INC. Before STOLL, BRYSON, and CUNNINGHAM. Appeal from the United States District Court for the Central District of California. Summary: Patents directed to connecting users...more
People.ai, Inc. v. Clari Inc., 2022-1364, (Fed. Cir. April. 7, 2023) - In an appeal before the Federal Circuit, plaintiff People.ai argued to no avail that the Northern District of California erred in its finding of...more
On March 24, 2023, Judge John P. Cronan found the asserted claims of two patents to be directed to abstract ideas under 35 U.S.C. § 101, but sua sponte granted leave to amend the complaint and plead additional facts relevant...more
In Hantz Software, LLC, v. Sage Intacct, Inc.1, the Court of Appeals for the Federal Circuit affirmed the decision of the District Court for the Northern District of California to invalidate patents that are ineligible under...more
Following the Supreme Court’s Alice Corp. Pty. v. CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion practice. In Hantz Software, LLC v. Sage...more
In a patent dispute between plaintiffs ChromaDex and Dartmouth College and defendant Elysium Health over spilled milk, the Federal Circuit affirmed the Delaware District Court’s grant of summary judgment in favor of the...more
On February 21, 2023, United States Magistrate Judge Stewart D. Aaron (S.D.N.Y.) recommended that Defendant FindMine, Inc.’s (“FindMine”) motion to dismiss the complaint of Plaintiff Stylitics, Inc. (“Stylitics”) be granted...more
ADASA INC. v. AVERY DENNISON CORPORATION - Before Moore, Hughes and Stark. Appeal from the United States District Court for the District of Oregon. Summary: A claim directed to a specific, hardware-based data...more
Avoiding § 101 Eligibility Issues in Internet-Centric Method Claims - In Weisner v. Google LLC, Appeal No. 21-2228, the Federal Circuit held that the specific implementation of an abstract idea, such as improving Internet...more
Summary: A patentee’s allegation that computer method claims made data analysis more efficient, without reference to the function or operation of the computer itself, was not sufficient to overcome a challenge under 35 U.S.C....more
WEISNER v. GOOGLE LLC - Before Stoll, Reyna, and Hughes, Appeal from the United States District Court for the Southern District of New York. Summary: The specific implementation of an abstract idea, such as improving...more