5 Key Takeaways | Alice at 10: A Section 101 Update
5 Key Takeaways | Rolling with the Legal Punches: Resetting Patent Strategy to Address Changes in the Law
4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation
5 Key Takeaways | Hot Topics in Biopharma
Podcast: The Briefing - A Prototypical Corporate Salesperson is Not Patentable
[IP Hot Topics Podcast] Innovation Conversations: Andrei Iancu
Nota Bene Episode 99: Unpacking the Pendulum of American Patent Policy Then, Now, and Forward with Rob Masters
IP(DC) Podcast: Patent Battles – New Patent Initiatives on the Hill & Notable CAFC/SCOTUS Decisions
Podcast: Patentable Subject Matter in 2019
Compiling Successful IP Solutions for Software Developers
Drafting Software Patents In A Post-Alice World
The Federal Circuit recently issued a decision in Recentive Analytics, Inc. v. Fox Corp., invalidating the patent claims at issue as directed to ineligible subject matter under 35 U.S.C. § 101. In what it noted was a case of...more
On April 18, 2025, the Federal Circuit published an opinion in Recentive Analytics, Inc. v. Fox Corp. holding that patents claiming the application of existing machine learning models “to new data environments, without...more
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
Despite its potential to transform the global economy and impact national security, quantum computing has advanced largely outside public scrutiny. Artificial intelligence has dominated public discourse, while quantum...more
The patent world tends to think that the Supreme Court’s framework in Alice is a template for determining the eligibility of software and business method inventions. Under 35 U.S.C. § 101, abstract ideas are not eligible for...more
Earlier this month, the Federal Circuit decided a subject matter eligibility case closely watched in the pharmaceutical industry. The case involved composition-of-matter claims reciting measured results. Reversing the...more
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
The US Court of Appeals for the Federal Circuit reversed and remanded a determination by the US International Trade Commission regarding subject matter ineligibility under 35 U.S.C. § 101. The Court concluded that the...more
Kroy IP Holdings, LLC v. Groupon, Inc., No. 2023-1359 (Fed. Cir. (D. Del.) Feb. 10, 2025). Opinion by Reyna, joined by Prost and Taranto. Kroy sued Groupon for patent infringement, asserting thirteen claims. Groupon...more
The U.S. Supreme Court has once again been urged to revisit 35 U.S.C. § 101, the statute governing patent eligibility. Audio Evolution Diagnostics, Inc. (AED) filed a petition for writ of certiorari, challenging the Federal...more
In Astellas Pharma Inc. v. Sandoz Inc., the US Court of Appeals for the Federal Circuit vacated a sua sponte district court ruling that found Astellas’s asserted patent ineligible under Title 35 of the US Code, Section 101....more
It’s been 10 years since Alice was decided. Kilpatrick’s Steve Borgman and Andrew Saul recently presented at the 29th Annual Advanced Patent Law Institute in Austin, Texas, on recent cases and trends in the courts and the...more
On August 6, 2024, in Mobile Acuity Ltd. v Blippar Ltd., __F.4th__; 2024 U.S. App. LEXIS 17573* (Fed. Cir. Aug. 6, 2024), the Federal Circuit upheld the Rule 12 dismissal of Mobile Acuity’s patent infringement lawsuit against...more
It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more
Under the direction of President Biden’s executive order on artificial intelligence (AI), the United States Patent and Trademark Office (USPTO) issued a guidance update on the subject matter eligibility analysis “to promote...more
Koss filed a patent infringement suit against Bose asserting the ’155, ’934, and ’025 patents, after which Bose petitioned for inter partes review of all three patents before the PTAB. The district court case was stayed...more
The US Patent Office (USPTO) recently issued new guidance and three examples for AI-related patent claims, which indicate that claims applying AI to a process are unlikely to render the process patent-eligible at the USPTO...more
The U.S. Patent and Trademark Office (USPTO) has issued new guidance on patent subject matter eligibility, specifically concerning AI inventions. This guidance aims to assist patent examiners in assessing whether claims in a...more
On July 16, 2024, the United States Patent and Trademark Office (USPTO) released updated guidance on patent subject matter eligibility, focusing on artificial intelligence (AI). This update, effective from July 17, 2024, is...more
As required by President Joe Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the United States Patent and Trademark Office (“USPTO”) issued the Guidance on Patent...more
On July 16, 2024, the United States Patent and Trademark Office (“USPTO”) issued new guidance on the patentability of AI-related inventions. Although the USPTO emphasized that its guidance does not change the law of 35 U.S.C....more
Kilpatrick partners Tina McKeon, Michael Bertelson, and Michael Turton recently joined Laura Fritts (Vice President, Intellectual Property, Legal, Azurity Pharmaceuticals, Inc.) to present at the annual Kilpatrick...more
In 2010, Trading Technologies International, Inc. (“TT”) filed suit against IBG LLC and its subsidiary Interactive Brokers LLC for patent infringement. The four patents in question, U.S. Patent Nos. 6,766,304; 6,772,132;...more
Addressing subject matter eligibility under 35 U.S.C. § 101, the US Court of Appeals for the Federal Circuit upheld the district court’s finding that patents related to computer visualizations of medical scans were patent...more
We are pleased to share Sheppard Mullin’s inaugural “Year in Review” report that collects and reports on most key patent law-related Federal Circuit decisions for 2023. This is a follow up to the quarterly report we...more