In BPROTOCOL Foundation v. Universal Navigation, Judge John G. Koeltl of the U.S. District Court for the Southern District of New York dismissed patent infringement claims against Uniswap, finding that the asserted...more
2/26/2026
/ Blockchain ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Decentralized Finance (DeFi) ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101
The U.S. Court of Appeals for the Federal Circuit's Recentive decision reinforced a familiar message for artificial intelligence (AI) and software claims in litigation: Applying generic techniques to a new data environment,...more
The U.S. Court of Appeals for the Federal Circuit affirmed a district court judgment holding asserted claims of U.S. Patent No. 8,139,652 ineligible under 35 U.S.C. § 101 in Technology in Ariscale, LLC v. Razer USA Ltd.,...more
Section 101 Blog If you work anywhere near patent eligibility, the rhythm is familiar. Another year, another reform drumbeat. Draft language circulates on the Hill. Industry groups publish letters. Academics and the familiar...more
Top off the eggnog, straighten the twinkle lights and clear a space between the nutcrackers and the model train set for a fresh stack of Top Section 101 Stories of the Year. It's our annual sleigh ride through Section 101....more
The U.S. Court of Appeals for the Federal Circuit's decision in In re Healy offers another data point in the ongoing challenge of patenting financial market innovations. Noah Healy's pro se appeal sought to overturn the...more
11/20/2025
/ Abstract Ideas ,
Appeals ,
Commodities ,
Financial Markets ,
FinTech ,
Patent Applications ,
Patent Filings ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101
U.S. Patent and Trademark Office (USPTO) Director John Squires used Ex parte Desjardins to make a point regarding a Google DeepMind artificial intelligence (AI) patent, holding that Section 101 was not the right place to...more
The Patent Trial and Appeal Board designated a recent decision as informative. In the decision, Coke Morgan Stewart, Acting Director of the U.S. Patent and Trade Office (USPTO), ended the petitioner's challenges, noting that...more
Aviation Capital Partners v. SH Advisors, the U.S. Court of Appeals for the Federal Circuit affirmed the ineligibility of claims directed to determining the taxability status of aircraft based on flight data. The panel upheld...more
Last week, Sens. Thom Tillis (R-N.C.) and Chris Coons (D-Del.) and Reps. Kevin Kiley (R-Calif.) and Scott Peters (D-Calif.) reintroduced the Patent Eligibility Restoration Act (PERA), a bill Sens. Tillis and Coons first...more
The Federal Circuit's recent decision in Recentive Analytics, Inc. v. Fox Corp. (April 18, 2025) has garnered a lot of attention. This is not surprising: It hits on hot topics such as machine learning, artificial intelligence...more
4/24/2025
/ Algorithms ,
Appeals ,
Artificial Intelligence ,
Claim Construction ,
First Impression ,
Machine Learning ,
Patent Applications ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Section 101
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
It's that time of the year again – the time to snuggle up by the fire, put on Dominick the Donkey and read this year's Top Section 101 Patent Eligibility Stories. But first, the holiday movies and where they're streaming ...more
In 2018, the U.S. Court of Appeals for the Federal Circuit assessed Patent RE40,449, titled "Auto-Verifying Voting System and Voting Method." An exemplary claim is below: A method for voting providing for self-verification of...more
In Contour IP Holding LLC v. GoPro, Inc., the U.S. Court of Appeals for the Federal Circuit reversed a summary judgment in which the asserted patents were directed to an abstract idea and, thus, patent-ineligible....more
It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more
8/26/2024
/ Abstract Ideas ,
Alice Corporation ,
Artificial Intelligence ,
Chevron Deference ,
Gaming ,
Intellectual Property Protection ,
Loper Bright Enterprises v Raimondo ,
Means-Plus-Function ,
NIST ,
Patent Infringement ,
Patent-Eligible Subject Matter ,
Patents ,
Proposed Legislation ,
Section 101 ,
USPTO
Ryanair accused Booking.com of several CFAA violations based upon Booking.com, through a third-party partner, accessing the password-protected "myRyanair" portion of the Ryanair website. Ryanair alleged, and the jury found,...more
8/14/2024
/ Airlines ,
Booking.com ,
Computer Fraud and Abuse Act (CFAA) ,
Counterclaims ,
Defamation ,
Jury Verdicts ,
Online Travel Vendors ,
Ryanair ,
Tortious Interference ,
Unfair or Deceptive Trade Practices ,
Vicarious Liability
Dennis Crouch, famed Patently-O blogger, recently looked at several Section 101 decisions from the PTAB. In his first post, "Four Funerals: Recent 101 Decisions," Crouch analyzes four recent eligibility cases that involve...more
The Senate on Jan. 23, 2024, held a hearing to consider the Patent Eligibility Restoration Act (PERA), the proposed legislation introduced by Sens. Chris Coons (D-Del.) and Thom Tillis (R-N.C.). Tillis noted that though...more
Fire up some hot cocoa, turn up the Perry Como Christmas album and settle in to read this year's Top Section 101 Patent Eligibility Stories. But, as always, this season is about gathering with family and friends, watching...more
In this latest roundup, we look at some recent opinions from around the country, an interesting article discussing the constitutionality of the Patent Eligibility Restoration Act, "My Cousin Vinny" and more....more
Sens. Thom Tillis (R-N.C.) and Chris Coons (D-Del.) on June 22, 2023, introduced the Patent Eligibility Restoration Act of 2023. My key takeaway from the text of the legislation is that Tillis and Coons are trying to walk the...more
The U.S. Supreme Court conferred on two patent eligibility cases last week. And, if you are like me, you did not sleep a wink while anxiously awaiting the Court's decision. But if you're reading this, you likely already know...more
In our roundup on April 28, we mentioned that the Solicitor General suggested that the U.S. Supreme Court grant cert in two pending patent eligibility cases: 1) Tropp v. Travel Sentry and 2) Interactive Wearables v. Polar...more
It's been a while since our last blog post, so let's do a quick roundup. In early April, the Solicitor General recommended that the U.S. Supreme Court hear two patent eligibility cases: 1) Interactive Wearables v. Polar...more