News & Analysis as of May 31, 2025

Patent Litigation

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Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes. less -

The Uncertain Future of Section 101: Patent Eligibility in the Wake of Recent Supreme Court (In)Action

Proskauer - The Patent Playbook on 4/8/2025

Patent eligibility under 35 U.S.C. § 101 remains one of the most hotly contested and unpredictable areas of U.S. patent law. In the years following the Supreme Court’s landmark decisions in Alice Corp. v. CLS Bank Int’l...more

Access Denied: Patent for Controlling Entry Found Ineligible Under Section 101

Holland & Knight LLP on 2/25/2025

Earlier this month in Luxer Corp. v. Package Concierge, the U.S. District Court for the District of Delaware found that U.S. Patent No. 11,625,675 was ineligible under Section 101. In assessing the defendant's motion to...more

One of the Early Appeal Decisions in Quantum Computing Represents a Positive Datapoint

McDonnell Boehnen Hulbert & Berghoff LLP on 2/21/2025

As reported by Quantum Insider, this past week, the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) overturned an examiner's rejections of an application directed to a quantum...more

A Less Than Five-Star Review: Judge Furman Grants Motion to Dismiss Finding Claims Directed to a Rating System to be Abstract

Patterson Belknap Webb & Tyler LLP on 1/13/2025

On January 3, 2025, District Judge Jesse M. Furman granted Defendant Trustpilot, Inc.’s (“Trustpilot”) Motion to Dismiss Linfo IP, LLC’s (“Linfo”) complaint alleging that Trustpilot directly and indirectly infringed U.S....more

Protecting Innovation in an AI-Powered Age: Patents

Fish & Richardson on 1/8/2025

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

Special Report - 2020 IP Law Year in Review: Patents

McDermott Will & Emery on 1/28/2021

In 2020, the US Supreme Court and Court of Appeals for the Federal Circuit continued to refine key aspects of intellectual property law on issues that will have an impact on litigation, patent prosecution and business...more

Intellectual Property Outlook: Cases and Trends to Follow in 2020 — Part 2

Sheppard Mullin Richter & Hampton LLP on 2/4/2020

ART 2: EFFORTS TO CLARIFY PATENT ELIGIBILITY UNDER § 101 - In this four-part series, we take a look forward at the cases, legislation, and other trends that are likely to have a significant impact on intellectual property...more

Peer-to-Peer Employment Verification Patent Directed to Unpatentable Subject Matter

Holland & Knight LLP on 10/17/2019

Tenstreet asserted its patent against DriverReach, a recruiting company for hiring CDL drivers, in the Southern District of Indiana. DriverReach moved to dismiss the complaint, arguing that the asserted patent was directed to...more

Check Processing Claims Bounce

McDermott Will & Emery on 8/29/2019

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

Patent Eligibility Reform in Congress: Updates on the Tillis-Coons Proposal

Fenwick & West LLP on 8/26/2019

In April, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) proposed a draft framework for legislation reformulating the standards for determining patent eligibility under § 101 of the Patent Act. The framework largely...more

Vehicle Control Patent Survives Early Eligibility Challenge

Holland & Knight LLP on 7/10/2019

Jaguar Land Rover (JLR) asserted U.S. Patent No. RE46, 828, titled "Vehicle Control" against its competitor Bentley Motors Limited. The patent is related to electronically controlling the vehicle's subsystems (e.g., engine,...more

Automotive MarketTrends - June 2019, Issue 2

Foley & Lardner LLP on 6/27/2019

Welcome to Foley’s Automotive MarketTrends newsletter. In each edition, we will focus on a different aspect of the automotive sector and highlight key trends in the industry. In this issue, we focus on collaboration and the...more

Framing Your Pitch: A Lesson from the TTI v. IBG Cases

Sheppard Mullin Richter & Hampton LLP on 5/7/2019

The U.S. Court of Appeals for the Federal Circuit recently issued three interesting, related opinions interpreting and applying the “technological invention” exception to Covered Business Method Review (“CBM Review”). These...more

Focusing Questions of Software Patent Eligibility on the Specific Technological Solution and Specific Technological Problem Being...

Bradley Arant Boult Cummings LLP on 12/11/2018

The U.S. Supreme Court presented a two-step framework for determining whether a claim contains patentable subject matter under the abstract idea exception to 35 U.S.C. § 101 in Alice Corp. Pty. Ltd. v. CLS Bank Int’l....more

IoV Technologies as Patentable Subject Matter After Alice

WilmerHale on 11/21/2018

This is the second in a series of five articles written by WilmerHale discussing how the emergence of IoT technologies will impact the automotive industry. The first article, ‘‘The Developing Landscape of Internet of Things...more

Federal Circuit Affirms Decision Finding Telephone Dialing Claims Ineligible

Bradley Arant Boult Cummings LLP on 11/14/2018

Federal Circuit Decision - Broadsoft, Inc. v. Callwave Communications, LLC, No. 2018-1124, 2018 WL 4999375, at *1 (Fed. Cir. Oct. 16, 2018) (per curiam) (affirming district court’s order finding claims invalid) District...more

Cloud Cybersecurity New Hot Area For Patent Disputes: Blue Coat Systems In Major Patent Battle On Its Cloud-Based Security...

Shook, Hardy & Bacon L.L.P. on 1/23/2018

Today’s threats against enterprise and personal data are more formidable and advanced than ever. Over the past decade the cybersecurity industry has rapidly expanded in response to the need for increased online and...more

Shzoom Requests the Federal Circuit Reissue Trading Technologies as Precedential Opinion

Fenwick & West LLP on 3/23/2017

On January 18, 2017 the Federal Circuit issued an opinion in Trading Technologies Int’l., Inc. v. CQG, Inc., its first decision finding a user interface to be patent eligible subject matter. The court designated the opinion...more

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Patent-Eligible Subject Matter › Technology Sector › Patent Litigation

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