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Big Picture on Software Patent Eligibility: The Forces at Work

Much of the modern economy is driven by software development. Companies are creating and refining new apps that run on mobile devices, and using machine learning to provide users with personalized user interfaces and...more

Federal Circuit Further Expands the Role of Factual Questions in Section 101 Analysis

In the recent decision of Data Engine Technologies LLC v. Google LLC, the Federal Circuit may have expanded how factual questions underpin subject matter eligibility analysis under Section 101. Since the two-part eligibility...more

How Unpredictable is the Alice Analysis?

Over the last year, several Federal Circuit judges have filed opinions lamenting the state of the case law that interprets the abstract idea exception to patent eligibility under 35 U.S.C. § 101.  For example, Judge Linn...more

PurePredictive, Inc. v. H2O.AI, Inc.: Northern District of California Invalidates Machine Learning Claims Under Section 101

Machine learning is one of the fastest growing categories of granted patents[1].  However, there do not appear to be many examples of patent infringement lawsuits where machine learning claims have been analyzed by the courts...more

Improved User Interface Survives Section 101 Challenges

In Core Wireless Licensing S.A.R.L. v. LG Electronics, Inc., the Federal Circuit held that user interface claims are patent eligible under 35 U.S.C. § 101 because they “recite a specific improvement over prior systems,...more

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