News & Analysis as of

Computer-Related Inventions

Knobbe Martens

No Simulating Alice Requirements: Application of Abstract Ideas Alone Cannot Transform Patent Ineligible Subject Matter

Knobbe Martens on

SIMIO, LLC V. FLEXSIM SOFTWARE PRODUCTS, INC. Before Prost, Clevenger, and Stoll. Appeal from the United States District Court for the District of Utah. Summary: A claim whose only inventive concept is the applications...more

McDonnell Boehnen Hulbert & Berghoff LLP

Simio, LLC v. FlexSim Software Products, Inc. (Fed. Cir. 2020)

This decision is bad.  Not an American Axle level of bad, but still quite far from good. Simio sued FlexSim in the District of Utah for alleged infringement of its U.S. Patent No. 8,156,468.  FlexSim moved for dismissal on...more

Kilpatrick Townsend & Stockton LLP

3 Key Takeaways - Subject Matter Eligibility, Inventorship, and Artificial Intelligence

Recently, Sameer Vadera was a panelist on the “Subject Matter Eligibility, Inventorship, and Artificial Intelligence” panel co-hosted by the Pauline Newman IP American Inn of Court and the PTAB Bar Association. The panelists...more

Holland & Knight LLP

Remote Appliance Control Patent Compared to Pony Express, Invalid Under Section 101

Holland & Knight LLP on

Karamelion has asserted its two patents more than 40 times since the summer of 2018, typically settling the cases prior to a responsive pleading. This activity will have to go on hold, at least for the time being, as the U.S....more

McDonnell Boehnen Hulbert & Berghoff LLP

C R Bard Inc. v. AngioDynamics, Inc. (Fed. Cir. 2020)

One of the more intellectually dishonest aspects of current patent eligibility law is that it allows one to ignore certain claim elements when evaluating claims under 35 U.S.C. § 101.  In Mayo v. Prometheus, it was stated...more

Manatt, Phelps & Phillips, LLP

Patent Drafting Error? Claim Language Interpreted as Oft-Dreaded Means-Plus-Function Element

On August 28, the Federal Circuit issued its decision in Egenera, Inc. v. Cisco Systems, Inc., offering a timely reminder of the importance of carefully drafting claim language as well as the technical specification that is...more

McDonnell Boehnen Hulbert & Berghoff LLP

On the Patent Eligibility of Graphical User Interfaces: Part II

This article is Part II of a study on the patent eligibility of graphical user interfaces.  Part I was published yesterday.  We continue from where we left off, with overviews of a handful of Federal Circuit § 101 decisions...more

Smart & Biggar

CIPO's new guidelines on patentable subject matter explained

Smart & Biggar on

The Canadian Intellectual Property Office (CIPO) released new guidelines on patentable subject matter and a set of examples applying the new guidelines to computer-implemented inventions, medical diagnostic methods, and...more

McDonnell Boehnen Hulbert & Berghoff LLP

On the Patent Eligibility of Graphical User Interfaces: Part I

The evolution of graphical user interfaces parallels the evolution of computing technology itself.  As computers grow more powerful and sophisticated, so does their ability to display cutting-edge representations of...more

Kilpatrick Townsend & Stockton LLP

3 Key Takeaways - Technology-Specific Patent Filing Trends During the Pandemic

How might a pandemic impact biotechnology patent filings as compared to computer-centric patent filings? The answer might surprise you. Please see full article below for more information....more

Holland & Knight LLP

Advantage over Prior Methods Inadequate to Confer Patent Eligibility without Technological Improvement

Holland & Knight LLP on

In a short, two-page opinion, the U.S. Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the Southern District of Indiana's ruling that a method of using peer-to-peer networking to verify...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Publishes Report on AI-Related Policies

Last year, the U.S. Patent and Trademark Office (USPTO) issued a request for comments (RFC) on patenting artificial intelligence (AI) based inventions.  Topics of the RFC included AI's impact on inventorship and ownership,...more

Morgan Lewis - Tech & Sourcing

USPTO Issues Report on AI and IP Policy

The US Patent and Trademark Office (USPTO) recently released a report titled “Public Views on Artificial Intelligence and Intellectual Property Policy,” which addresses the impact of artificial intelligence (AI) on various...more

Morgan Lewis - Tech & Sourcing

Patently Obvious? AI as an Inventor After DABUS

On 7 September 2020, the UK government published a call for views on the future relationship between artificial intelligence (AI) and intellectual property (IP). Though the government called for views on all areas of...more

Womble Bond Dickinson

When to Give Legal Rights to AIs? When They Can Dream

Womble Bond Dickinson on

When will artificial intelligence develop aspirations? When will a robot yearn to have its own apartment? When will an AI that invented technology want to re-invest its earnings into better marketing for its product? When...more

Blank Rome LLP

Issues to Consider before Asserting a Software Patent

Blank Rome LLP on

Software patents have garnered a lot of attention in recent years due, at least in part, to the proliferation of software-enabled devices, such as smartphones and tablets, and the use of software to control a range of devices...more

Smart & Biggar

Federal Court rejects “problem-solution approach” opening the field for computer-implemented inventions

Smart & Biggar on

In a significant decision released August 21, 2020, Choueifaty v Canada (Attorney General), 2020 FC 837 [Choueifaty], Canada's Federal Court rejected the Canadian Intellectual Property Office’s (CIPO) approach to examining...more

McDermott Will & Emery

Explain Yourself: “Untethered” Obviousness Determination Reversed

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated in part and remanded a Patent Trial and Appeal Board (Board) determination of unpatentability because the Board did not adequately support its reasoning as to certain...more

Womble Bond Dickinson

Artificial Intelligence and Patent Law: What Happens After DABUS?

Womble Bond Dickinson on

This article is based on a Womble Bond Dickinson/Berkeley Center for Law & Technology presentation, with Womble Bond Dickinson attorneys Chris Mammen, Brent Babcock and Bill Jacobs and IBM IP Policy Counsel Yeen Tham leading...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Reminds PTAB That Short Cuts Are Not Allowed

Last month, in a precedential decision, the Federal Circuit vacated-in-part and remanded the Patent Trial and Appeal Board’s (“Board”) obviousness determination regarding Alacritech’s computer networking patent because the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Rules Public Key Cryptography Algorithm Invalid Under 35 U.S.C. § 101

Note:  The below is a sarcastic parody, in the spirit of our earlier sarcastic parodies. WASHINGTON D.C., June 23, 1984.  In a unanimous decision, the Federal Circuit has ruled U.S. Patent No. 4,405,829 invalid under 35...more

McDonnell Boehnen Hulbert & Berghoff LLP

Packet Intelligence LLC v. NetScout Systems, Inc. (Fed. Cir. 2020)

Introduction - Packet Intelligence sued NetScout in the Eastern District of Texas, alleging infringement of U.S. Patent Nos. 6,665,725, 6,839,751, and 6,954,789.  The District Court ruled that all three patents were valid...more

Kilpatrick Townsend & Stockton LLP

5 Practice Tips - Evaluating Patentability of AI Inventions

Kilpatrick Townsend’s Kate Gaudry and Rodney Rothwell recently participated in the Association of Corporate Counsel’s National Capital Region’s Summer Series: “Protecting Artificial Intelligence (AI) Innovations – Unique...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent Prosecution Tool Kit: Update on Patent Subject Matter Eligibility & Abstract Ideas

Since the U.S. Supreme Court’s decision in Alice v. CLS Bank, patent stakeholders have faced many difficulties navigating the world of patent-eligibility. Through many Federal Circuit decisions and Guidance given by the U.S....more

Holland & Knight LLP

U.S. District Court Again Finds Patents for Updating Toolbar Without User Intervention Invalid

Holland & Knight LLP on

On remand from the Federal Circuit, the U.S. District Court for the Northern District of California once again found patents directed to a method of modifying computer toolbars without user interaction invalid under Section...more

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