News & Analysis as of

Machine Learning Patents Patent Litigation

Eversheds Sutherland (US) LLP

First impressions: Federal Circuit finds applied AI claims ineligible for patenting under 35 USC 101

Answering a much-anticipated question of first impression, the Federal Circuit affirmed an Eastern District of Pennsylvania decision that invalidated machine learning-related patent claims as ineligible subject matter under...more

Dinsmore & Shohl LLP

Patent Claims Running on AI? Federal Circuit Says Not So Fast on Patent Eligibility

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The question of whether machine learning (ML)-based claims meet the subject matter eligibility requirements under current U.S. patent law remains hotly contested. The U.S. Court of Appeals for the Federal Circuit (CAFC)...more

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

Federal Circuit’s First Alice-Analysis for Machine Learning Patents

On Friday, April 18, 2025, the Federal Circuit addressed a question of first impression regarding the validity of certain machine-learning patents under Section 101 in Recentive Analytics, Inc. v. Fox Corp., et al.,...more

Hudnell Law Group

Federal Circuit Issues First Word on AI Patent Eligibility

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On April 18, 2025, the United States Court of Appeals for the Federal Circuit affirmed the dismissal of a patent infringement suit brought by Recentive Analytics, Inc. against Fox Corporation. See Recentive Analytics, Inc. v....more

Lowenstein Sandler LLP

Federal Circuit Tightens Standards for AI-related Patent Eligibility

Lowenstein Sandler LLP on

Summary: In Recentive Analytics, Inc. v. Fox Corp., No. 2023-2437 (Fed. Cir. Apr. 18, 2025), the Federal Circuit delivered a clear warning: simply applying generic AI-based models to new environments is not enough to secure...more

Alston & Bird

Patent Case Summaries | Week Ending April 18, 2025

Alston & Bird on

Recentive Analytics, Inc. v. Fox Corp., et al., No. 2023-2437 (Fed. Cir. (D. Del.) Apr. 18, 2025). Opinion by Dyk, joined by Prost and Goldberg (sitting by designation). Recentive sued Fox for infringing four patents that...more

MoFo Life Sciences

Recentive: Raising the Patent-Eligibility Bar in AI-Related Inventions

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This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more

Fitch, Even, Tabin & Flannery LLP

IP Alerts: Federal Circuit Addresses Subject Matter Eligibility of Claims Involving Generic Machine Learning

On April 18, in Recentive Analytics, Inc., v. Fox Corp., which presented a question of first impression, the Federal Circuit held that claims that do no more than apply established methods of machine learning to a new data...more

Holland & Knight LLP

Federal Circuit: Machine Learning Patents Fail Section 101 Patent Eligibility Challenge

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The Federal Circuit's recent decision in Recentive Analytics, Inc. v. Fox Corp. (April 18, 2025) has garnered a lot of attention. This is not surprising: It hits on hot topics such as machine learning, artificial intelligence...more

Arnall Golden Gregory LLP

Federal Circuit Delivers Blow to AI-Based Patents in Precedential Decision

On April 18, 2025, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in Recentive Analytics, Inc. v. Fox Corp. The Federal Circuit held that the Asserted Patents — which relate to methods of...more

McDermott Will & Emery

Broadcast Alert! Applying Conventional Machine Learning to New Data Isn’t Patent Eligible

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s ruling that patents applying established machine learning methods to new data are not patent eligible under 35 U.S.C. §101. Recentive Analytics, Inc....more

Baker Botts L.L.P.

Federal Circuit Refines Section 101 Eligibility as Applied to Machine Learning Patents

Baker Botts L.L.P. on

On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., affirming dismissal, by the District Court of...more

MoFo Tech

Recentive: Federal Circuit’s Patent-Eligibility Guideposts for Machine-Learning Inventions

MoFo Tech on

In one of the first cases from the Federal Circuit addressing patent eligibility for machine-learning (ML) inventions, the court ruled that applying “generic” ML techniques to a new data environment to automate a task...more

J.S. Held

Evolving Landscape of Technology Rights Enforcement

J.S. Held on

Established 25 years ago at the turn of the century by the World Intellectual Property Organization (WIPO), World IP Day celebrates the unique contributions made by global inventors and creators. Over the past half century,...more

Lathrop GPM

Federal Circuit Holds Machine Learning Patent Claims That Don’t Improve the Technology Are Patent Ineligible

Lathrop GPM on

On April 18, 2025, the U.S. Court of Appeals for the Federal Circuit (CAFC) decided a case of first impression regarding the intersection of patent claims directed to machine learning training and patentable subject matter...more

McDonnell Boehnen Hulbert & Berghoff LLP

Recentive Analytics, Inc. v. Fox Corp. (Fed. Cir. 2025)

For the last several years, patentees and patent practitioners have been waiting for the Federal Circuit to weigh in on the patent eligibility of machine learning models. There was an expectation that, like any other...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Recentive Analytics, Inc., v. Fox Corp.

Recentive Analytics, Inc., v. Fox Corp., Appeal No. 2023-2437 (Fed. Cir. Apr. 18, 2025) In our Case of the Week, the Federal Circuit addressed a question of first impression concerning whether developments in machine...more

Fenwick & West LLP

Healthtech Patents: What Alivecor v. Apple Means for AI-Powered Innovation

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A major Federal Circuit ruling just sent a clear message to AI-driven healthtech companies: AI alone won’t get you a patent....more

Mintz - Intellectual Property Viewpoints

Understanding How to Patent Agentic AI Systems

Artificial intelligence is evolving beyond simple pattern recognition and content generation into autonomous decision-making. Agentic AI systems act independently—or with limited human supervision—to achieve specific...more

Fenwick & West LLP

DeepSeek, Model Distillation, and the Future of AI IP Protection

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A flurry of developments in late January 2025 has caused quite a buzz in the AI world. On January 20, DeepSeek released a new open-source AI model called R1 and an accompanying research paper....more

Baker Botts L.L.P.

Intellectual Property Report February 2025

Baker Botts L.L.P. on

It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,...more

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

AI IP Year in Review - Five Key Takeaways from the 2024 House Judiciary Hearing on AI-Assisted Inventions and Creative Works

As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more

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

AI IP Year in Review - Patent Law and Generative AI 101

While Artificial Intelligence (AI) solutions, such as predictive AI, have been around for decades, generative AI systems are recent innovations with far reaching implications for patent law. Generative AI, such as ChatGPT,...more

Ropes & Gray LLP

Expected Changes to IP Policy under the Second Trump Administration

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Intellectual property (“IP”) policy does not weigh heavily on most voters’ minds, and so is not often addressed in presidential campaigns. This past campaign was no different – President-elect Donald Trump did not expressly...more

Fish & Richardson

Protecting Innovation in an AI-Powered Age: Patents

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With the advent of generative artificial intelligence (or “GenAI”), many companies have begun to shift their innovation strategies to incorporate and rely on GenAI tools. These tools can be powerful drivers of technological...more

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