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Appeals › Software › Patent-Eligible Subject Matter

Miller Nash LLP

First Machine Learning Patent Ruling: Invalid or Just Obvious?

Miller Nash LLP on

On April 18, 2025, the Court of Appeals for the Federal Circuit (CAFC) ruled in Recentive Analytics Inc. v. Fox Corp. et al. that new uses for established machine learning do not make the claims patent-eligible....more

McDermott Will & Emery

The Name of the Game Is the Claims, Even if Specification Is Shared

McDermott Will & Emery on

Once again addressing the application of Alice, the US Court of Appeals for the Federal Circuit partially reversed a district court’s dismissal of several patents as subject matter ineligible for error in analyzing their...more

McDermott Will & Emery

New or Not, Object-Oriented Simulation Patent Ineligible Under § 101

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s pleadings-stage determination that patent claims directed to an object-oriented simulation were subject matter ineligible under 35 USC § 101. Simio,...more

McDermott Will & Emery

Too Good to Be True? Federal Circuit Demands Evidence of Reliance on Favorable Ruling, Stipulation

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit held that notwithstanding a stipulation on claim construction, a party may still induce infringement absent proof that it actually relied on the stipulation, and that mere...more

Fenwick & West LLP

Patent Eligibility: Where We Are Now

Fenwick & West LLP on

Since I last wrote on the Coons-Tillis patent eligibility reform in Congress, the Federal Circuit declined to take up an en banc rehearing of Athena v. Mayo. The court was deeply divided in the 7-5 decision, with all 12...more

McDermott Will & Emery

Data Processing Software Checks Out as Patent Eligible

McDermott Will & Emery on

Addressing an issue of software subject matter eligibility, the US Court of Appeals for the Federal Circuit reversed the district court’s judgment on the pleadings under 35 USC § 101, finding claims related to error checking...more

Foley & Lardner LLP

Automotive Market Intelligence

Foley & Lardner LLP on

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

Knobbe Martens

Federal Circuit invalidates Affinity’s content-delivery patents for failing to disclose implementation of claimed functions

Knobbe Martens on

The Federal Circuit recently decided two related cases concerning media content delivery patents1 owned by Affinity Labs of Texas, LLC. In both cases, the Federal Circuit held that the patents do not cover patent-eligible...more

Mintz - Intellectual Property Viewpoints

Focusing on the Second Step of Alice, Federal Circuit Finds Inventive Concept in Software Patent in BASCOM

Mintz - Intellectual Property Viewpoints on

Arming software-patentees with additional precedent in favor of eligibility for software patents post-Alice, the Federal Circuit on June 27, 2016 handed down its decision in BASCOM Global Internet Servs., Inc. v. AT&T...more

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