PODCAST: Williams Mullen's Trending Now: An IP Podcast - Artificial Intelligence Patents & Emerging Regulatory Laws
John Harmon on the Evolving Impact of Artificial Intelligence on Intellectual Property
What You Should Know About Seeking Patent Protection in Vietnam
JONES DAY PRESENTS®: Artificial Intelligence: The Growing Role of AI on Patents
Drafting Software Patents In A Post-Alice World
There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. That is the essence of the English Court of Appeal’s conclusion, led by a Judge with a keen interest in computer...more
Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues...more
Bot M8 LLC, a patent assertion entity, was unsuccessful in its effort to have the Federal Circuit reverse the lower court’s invalidity finding related to one of six different patents asserted against Sony in Northern District...more
On March 10, in decision G1/19, the European Patent Office (EPO) Enlarged Board of Appeal held that computer-implemented simulations are not per se unpatentable and warrant the same treatment as other computer-implemented...more
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
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
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
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
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
UNILOC USA, INC. v. LG ELECTRONICS USA, INC. Before Moore, Reyna, and Taranto. On appeal from the District Court for the Northern District of California. Summary: A claim is not abstract where it is directed to an...more
We wanted to bring to your attention a recent case out of the Federal Circuit: Customedia v. Dish. This case focused on patent-eligibility and computer software claims... ...more
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
The US Court of Appeals for the Federal Circuit found claims directed to using data from a check to credit a merchant’s account before scanning the check to be subject matter ineligible under 35 USC § 101 as reciting an...more
In Data Engine Technologies LLC v. Google LLC, holding patent-eligible a spreadsheet provided with tabs to facilitate navigation, the Federal Circuit continued, in late 2018, to refine the law of patent eligibility of...more
Federal Circuit Summaries - Before Dyk, Wallach, and Taranto. Appeal from the United States District Court for the Western District of Washington. Summary: Claims directed to improving computer security by using BIOS...more
Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more
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
In BSG Tech LLC v. BuySeasons, Inc., the Federal Circuit held that a patent claim is ineligible under § 101 when its only allegedly unconventional feature is an abstract idea. The Federal Circuit affirmed the judgment of the...more
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
Federal Circuit Summary - Before Judges Reyna, Bryson, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: A claim that recites a specific method for navigating through...more
Distribution Agreements Can Constitute Offers for Sale Under Section 102(b) - In The Medicines Company v. Hospira, Inc., Appeal Nos. 2014-1469, 2014-1504, the Federal Circuit held that a distribution agreement qualified as...more
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
Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more
Two recent Federal Circuit decisions in the U.S., both penned by Judge Moore, significantly raise the bar for accused infringers seeking to invalidate patents on § 101 grounds before trial. Although one prior Federal Circuit...more
On January 10, 2018, the Federal Circuit added Finjan, Inc. v. Blue Coat Sys., Inc., No. 2016-2520 (Fed. Cir.), to its Enfish jurisprudence and upheld the subject matter eligibility of a software patent directed to...more