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
This post summarizes some of the significant developments from the Texas District Courts for the month of February 2025....more
Contour IP v. GoPro: Federal Circuit Offers Insight into Alice’s Step One Analysis. In Contour IP v. GoPro, the Federal Circuit reversed a summary judgment order invalidating two of Contour IP’s patents directed to...more
Mirror Worlds Technologies, LLC ("Mirror Worlds") owns U.S. Patent Nos. 6,006,227; 7,865,538; and 8,255,439, which claim methods for storing, organizing, and presenting data in time-ordered streams on a computer system. In...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
We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March...more
Lite-Netics, LLC v. Nu Tsai Capital LLC, Appeal No. 2023-1146 (Fed. Cir. Feb. 17, 2023) In an appeal from the U.S. District Court for the District of Nebraska, the Federal Circuit addressed whether the district court...more
CAREDX, INC. V. NATERA, INC. Before Lourie, Bryson, and Hughes - Summary: Expert testimony that steps of challenged patent claims were unconventional failed to preclude summary judgment of ineligibility where...more
The United States District Court for the District of Delaware recently held that claims covering methods for evaluating organ transplant rejection are invalid under 35 U.S.C. § 101. The patents at issue disclose methods...more
IN RE: SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., LG ELECTRONICS INC., LG ELECTRONICS USA, INC. [OPINION] (2021-139, 2021-140, 6/30/2021) (Lourie, Dyk, Reyna) - Dyk, J. Granting the writs of...more
Precedential Federal Circuit Opinions - SIMIO, LLC v. FLEXSIM SOFTWARE PRODUCTS [OPINION] (2020-1171, 12/29/20) (Prost, Clevenger, Stoll) - Prost, J. Affirming dismissal because claims were ineligible under § 101....more
AMERICAN AXLE & MANUFACTURING v. NEAPCO HOLDINGS LLC - Before Dyk, Moore, and Taranto. Appeal from the United States District Court for the District of Delaware. American Axle & Manufacturing, Inc. (AAM) sued Neapco...more
The Federal Circuit held that two patents directed to methods of preparing samples for use in diagnostic methods are patent eligible under Section 101, reversing a decision from the District Court for the Northern District of...more
Earlier this month, the Federal Circuit ruled on an interesting case that discussed (1) when a case or controversy exists as to unasserted patent claims, and (2) the extent expert declarations affect a patent eligibility...more
State Sovereignty Principles Do Not Allow a State to Bring a Patent Infringement Suit in an Improper Venue - In Board of Regents v. Boston Scientific Corp., Appeal No. 2018-1700, the Federal Circuit ruled that the patent...more
Broad Claim Language and Unpredictability in the Art Lead to Non-Enablement - In Enzo Life Sciences, Inc. v. Roche Molecular Systems, Inc., Appeal Nos. 2017-2498, -2499, -2545, -2546, broad patent claims were invalid as...more
SOLUTRAN, INC v. ELAVON, INC. Before Chen, Hughes, and Stoll. Appeal from the United States District Court for the District of Minnesota - Summary: Method claims directed to performing conventional steps in a new order...more
Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more
Federal Circuit Summary - Before O’Malley, Reyna, and Hughes. Appeal from the District Court for the Northern District of California. Summary: Testing for the presence of a bacterium that causes tuberculosis and the...more
In Roche Molecular Systems, Inc. v. Cepheid, the Federal Circuit affirmed the summary judgment decision of the U.S. District Court for the Northern District of California that held nucleotide primer claims and detection...more
Aatrix Software, Inc. v. Green Shades Software, Inc., Appeal No. 2017-1452 (Fed. Cir. May 31, 2018) and Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. May 31, 2018) - In these two, published, precedential orders...more
Automated Tracking Solutions, LLC, (“ATS”) appealed findings of invalidity for failing to claim patent-eligible subject matter by the United States District Court for the Northern District of Georgia. In a decision rendered...more
Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more
Claims Directed to Monitoring and Analyzing Data Held to Be Invalid under § 101 - In Electric Power Group, LLC v. Alstom S.A., Appeal No. 2015-1778, the Federal Circuit upheld the district court’s grant of summary...more
Core Wireless Licensing brought an action against LG Electronics in the Eastern District of Texas. Core contended that LG infringed claim 21 of its U.S. Patent No. 7,804,850. LG moved for summary judgment on the grounds...more
Federal Circuit Dismisses an Appeal of an Inter Partes Reexamination for Lack of Standing Where the Appellant Failed to Establish that it was the Successor-in-Interest to the Original Petitioner - In Agilent...more