PODCAST: Williams Mullen's Trending Now: An IP Podcast - Artificial Intelligence Patents & Emerging Regulatory Laws
John Harmon on the Evolving Impact of Artificial Intelligence on Intellectual Property
What You Should Know About Seeking Patent Protection in Vietnam
JONES DAY PRESENTS®: Artificial Intelligence: The Growing Role of AI on Patents
Drafting Software Patents In A Post-Alice World
The Federal Circuit in Voice Tech Corp. v. Unified Patents, LLC, No. 2022-2163 (Fed. Cir. Aug. 1, 2024) (Lourie, Chen, and Cunningham), affirmed the PTAB’s determination that claims of Voice Tech Corp.’s (“Voice Tech”) U.S....more
There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. That is the essence of the English Court of Appeal’s conclusion, led by a Judge with a keen interest in computer...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 2014, the Supreme Court upended U.S. patent law in the landmark ruling for Alice Corp. v. CLS Bank International. The Alice decision established new standards for determining whether inventions, especially those related...more
In this episode of Trending Now - An IP Podcast, Tom Bergert and Clint Brannon discuss considerations for AI patent applicants and investors in light of emerging AI state and federal regulatory laws....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
Is an invention developed with the assistance of artificial intelligence (AI) patentable? On February 13, the United States Patent and Trademark Office (USPTO) issued guidance that helps to answer this question while also...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
The United States Constitution provides the basis for patent laws; it says "Congress shall have power . . . to promote the progress of science and useful arts by securing for limited times to authors and inventors the...more
On February 14, 2023, the U.S. Patent and Trademark Office published a notice in the Federal Register (88 Fed. Reg. 9492) requesting public comments about 1) the current state of Artificial Intelligence (AI) and Emerging...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
Precedential Federal Circuit Opinions - BEST MEDICAL INTERNATIONAL, INC. v. ELEKTA INC. [OPINION] (2021-2099, 2021-2100, 8/29/22) (Hughes, Linn, and Stoll) - Stoll, J. Dismissing-in-part the appeal from Best Medical...more
INVT SPE LLC v. Int’l Trade Comm’n, Appeal No. 2020-1903 (Fed. Cir. Aug. 31, 2022) - In its only precedential patent case last week, the Federal Circuit issued a lengthy opinion that revolved around claims that are drawn...more
On August 2, 2022, Senator Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2022 (S. 4734) (“PERA”). Senator Tillis characterized the bill to “restore patent eligibility to important inventions across...more
Key Points - On August 5, 2022, the Federal Circuit held in Thaler v. Vidal that the term “inventor” under the United States Patent Act must be a human being. This ruling precludes patent protection for inventions...more
The US Court of Appeals for the Federal Circuit affirmed on August 5 that only a natural person—not an artificial intelligence system—can be an inventor....more
KAUFMAN v. MICROSOFT CORPORATION - Before Dyk, Reyna, and Taranto. Appeal from the District Court for the Southern District of New York - Summary: An “automatic” method does not require all steps in the method to be...more
On May 3, 2022, Judge Lewis J. Liman found patent claims directed to the computerized processing of financial transaction data that splits the transaction cost between payment methods and awards or discounts to be directed to...more
Judge Orrick in the Northern District of California recently granted a motion for judgment on the pleadings that the asserted claims are invalid for claiming patent-ineligible subject matter under 35 U.S.C. § 101. The...more
Genuine Enabling Technology LLC v. Nintendo Co., Ltd., Appeal No. 2020-2167 (Fed. Cir. Apr. 1, 2022) - The Federal Circuit’s only precedential patent opinion this week turned on issues of claim construction. In...more
GENUINE ENABLING TECHNOLOGY LLC V. NINTENDO CO., LTD - Before Newman, Reyna, and Stoll. Appeal from the Western District of Washington. Summary: A finding of prosecution disclaimer must be supported by an unambiguous...more
Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues...more
In the case USADATA Inc. v. DataWidget LLC, No. CV-21-00526-PHX-DLR, 2021 WL 5084283 (D. Ariz. Nov. 1, 2021), the patent at issue is titled, "System and Method for Selling Customer-Specific Data Subsets on a Third-Party...more
No Assembly, No Infringement – Federal Circuit Declines to Expand the “Final Assembler” Theory of Direct Infringement In Acceleration Bay LLC v. Take-Two Interactive Software, Appeal No. 20-1700 the Federal Circuit held that...more