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
In a wide-ranging opinion, the US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of invalidity for lack of patent eligible subject matter under 35 U.S.C. § 101 with respect to...more
The Federal Circuit recently affirmed a district court’s grant of Zillow Group Inc.’s (“Zillow”) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) because the two International Business Machines Corporation...more
The emergence of artificial intelligence (AI) as a field of technology has correlated with an increase in patent application filings on AI-related inventions over the past two decades. With more filings than ever, businesses...more
For the first time in decades, IBM lost its top spot in total number of utility patents granted by the U.S. Patent & Trademark Office for 2022, with an almost 50% decline from last year. Samsung Inc. is now the world leader...more
Precedential Federal Circuit Opinions - NATURE SIMULATION SYSTEMS INC. v. AUTODESK, INC. [OPINION] (2020-2257, 10/17/2022) (Newman, Lourie, and Dyk) - Newman, J. The Court reversed a district court judgment that the...more
What do William Shatner, Snoop Dogg, Mark Cuban, Tom Brady, and patent owners have in common? They are all now minting non-fungible tokens (“NFTs”), turning assets into a token that is represented on the blockchain. ...more
TecSec, Inc. v. Adobe, Inc., Appeal Nos. 2019-2192, -2258 (Fed. Cir. Oct. 23, 2020) - In our Case of the Week, the Federal Circuit issued a wide-ranging opinion following three previous appeals in the same case and a jury...more
This analysis identified and processed over 8,000 patents and patent applications worldwide relating to blockchain, cryptocurrencies, and cryptographic tokens as of July 2018. The analysis did not include patents and...more
According to recent documents made public by the U.S. Patent and Trademark Office (USPTO) IBM has applied for a patent for a system that would use distributed ledger technology to address privacy and security concerns...more
In an order issued on April 4, 2018, Judge Lynn granted plaintiff ZitoVault’s motion for summary judgment under 35 U.S.C. 315(e)(2), holding that defendant IBM is estopped from asserting invalidity defenses based on prior art...more
Addressing the circumstances for submitting supplemental evidence in an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB or Board) allowed the petitioner to submit a responsive declaration after the due date...more
Yesterday, the Federal Circuit issued a decision in Williamson v. Citrix that includes an en banc portion that broadens the circumstances in which claim limitations may be deemed means-plus-function limitations. This appears...more
DISTRICT COURT CASES - Eastern District of Virginia Grants Summary Judgment of Noninfringement to Adobe - On May 7, 2015, Judge Brinkema of the United States district court for the Eastern District of Virginia...more
In a non-precedential opinion, the U.S. Court of Appeals for the Federal Circuit declined to direct the U.S. Patent and Trademark Office (PTO) to create a particularized written standard for consideration of inter partes...more
International Business Machines Corporation v. Intellectual Ventures II LLC - The Patent Trial and Appeal Board (PTAB, the Board) denied a motion by a petitioner to file a motion for supplemental information to...more
Efforts by the U.S. Senate to pass an alternative to the Innovation Act, which aims to reform abusive patent litigation, have stalled. Sen. Patrick Leahy, who is leading the effort, has announced that his committee is tabling...more
Legal News: Eye on China Quarterly Newsletter offers companies helpful insight as they successfully navigate China’s complex and ever-changing legal and regulatory environment. In this issue, we focus on the following topics:...more