In our prior article, we discussed instances in which the U.S. Patent and Trademark Office (USPTO) and the district courts made different findings with regard to patent eligibility under 35 U.S.C. § 101. A recent...more
The Mayo/Alice framework for determining subject matter eligibility of patents under 35 U.S.C. §101 has long since antagonized both patent prosecutors and litigators alike, causing significant uncertainty in the realm of...more
The modern semiconductor industry was born in the 1950s in the United States, and the United States remained the indisputable industry leader for the first few decades of its development. But over the last few decades, the...more
One year ago, the automotive industry was swiftly and seriously impacted by the COVID-19 pandemic. This disruption, in addition to the new administration, continues to present a variety of fresh issues.
Foley’s...more
3/10/2021
/ Americans with Disabilities Act (ADA) ,
Automotive Industry ,
Biden Administration ,
Coronavirus/COVID-19 ,
Cybersecurity ,
Data Privacy ,
Department of Justice (DOJ) ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Mexico ,
NHTSA ,
Patents ,
Safety Standards ,
Supply Chain ,
Trade Wars ,
U.S. Customs ,
United States-Mexico-Canada Agreement (USMCA) ,
Vaccinations ,
Vertical Mergers
As Electric / Autonomous Vehicle (E/AV) technologies continue to gain traction, E/AV companies are increasingly vying for funding in order to accelerate the rate of innovation. To stand-out amongst their peers and attract...more
Obtaining patent protection on a global scale can be costly. As each country is a sovereign jurisdiction, they have their own Patent Office, requiring a patent application to be filed and examined in the respective Patent...more
The following table lists the top 25 well-funded autonomous vehicle companies according to CrunchBase. Based on a search of the U.S. Patent and Trademark Office’s publicly available information, the top 25 autonomous vehicle...more
Automakers do not want a patent war to break out, and some have even gone to great lengths to employ creative strategies that leverage large patent portfolios without asserting them in litigation. That said, high tech...more
The pace of innovation in the electric, autonomous, and connected vehicle space is staggering. These innovations relate to advanced sensors, radar and LiDAR, geolocation, artificial intelligence algorithms,...more
7/9/2019
/ Abstract Ideas ,
Appeals ,
Artificial Intelligence ,
Automotive Industry ,
CLS Bank v Alice Corp ,
Congressional Committees ,
Driverless Cars ,
Electric Vehicles ,
Intellectual Property Protection ,
Patent-Eligible Subject Matter ,
Patents ,
Proposed Legislation ,
Software ,
Trade Secrets
There are countless innovations being made for autonomous vehicle components, including for advanced sensors, radar and LiDAR, geolocation, and telecommunications. The automotive industry filed 25k+ patents in 2018 to protect...more
6/28/2019
/ Artificial Intelligence ,
Automotive Industry ,
CLS Bank v Alice Corp ,
Congressional Investigations & Hearings ,
Intellectual Property Protection ,
New Guidance ,
Patent Reform ,
Patents ,
Software ,
Technology ,
USPTO
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
6/27/2019
/ Automotive Industry ,
Bankruptcy Code ,
Chapter 11 ,
Data Collection ,
Data-Sharing ,
Drivers ,
Innovation ,
Intellectual Property Protection ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Technology Sector ,
Transportation Industry
While traditional automakers may be keen to avoid patent wars, as discussed in a previous blog post A Patent War Without Fighting, high tech companies developing innovative connected or autonomous vehicle technologies may not...more
Either as a lesson from the smartphone patent wars, or a non-confrontational culture, automakers are keen to avoid patent wars as they computerize their vehicles. However, in an effort to capture as much of the electric...more
As discussed in our previous posts, startups are about capitalizing on ideas, contacts and experience. In the early stages of a startup or pre-startup, founders often socialize their business plan and details about their idea...more
7/21/2015
/ Capital Raising ,
Confidential Information ,
Confidentiality Agreements ,
Copyright ,
Encryption ,
Forfeiture ,
Innovation ,
Intellectual Property Protection ,
Investors ,
Non-Disclosure Agreement ,
Patent Applications ,
Patents ,
Peer Review ,
Public Disclosure ,
Startups ,
Trademarks
Time and time again, many startups tout their solution as better, faster or more user friendly than their competitors’, not realizing that the competitors also make the same claims. By doing so, they sound like every other...more