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McDermott Will & Emery

No Blank Check: Vendor Can’t Claim Declaratory Judgment From Customer Lawsuits Alone

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The US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a declaratory judgment action, explaining that declaratory judgment jurisdiction does not “arise merely on the basis that a party learns...more

Miller Nash LLP

First Machine Learning Patent Ruling: Invalid or Just Obvious?

Miller Nash LLP on

On April 18, 2025, the Court of Appeals for the Federal Circuit (CAFC) ruled in Recentive Analytics Inc. v. Fox Corp. et al. that new uses for established machine learning do not make the claims patent-eligible....more

Alston & Bird

Patent Case Summaries | Week Ending May 2, 2025

Alston & Bird on

Fintiv, Inc. v. PayPal Holdings, Inc., No. 2023-2312 (Fed. Cir. (W.D. Tex.) Apr. 30, 2025). Opinion by Prost, joined by Taranto and Stark. Fintiv sued PayPal for infringement of four patents directed to “cloud-based...more

McDermott Will & Emery

“Payment Handler”: A Nonce Term Without Instructions

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The US Court of Appeals for the Federal Circuit affirmed a district court’s ruling that a software term was a “nonce” term that invoked 35 U.S.C. § 112, sixth paragraph (i.e., a means-plus-function claim element). The Court...more

Bradley Arant Boult Cummings LLP

Artificial Intelligence in the Modern Workplace: Safeguarding Source Code Generated with AI Assistance

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Generally, an employer owns all rights in software code created by its employee in the scope of their employment. As outlined in the last edition of this series, this general rule typically applies to independent contractors...more

McDermott Will & Emery

The Name of the Game Is the Claims, Even if Specification Is Shared

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Once again addressing the application of Alice, the US Court of Appeals for the Federal Circuit partially reversed a district court’s dismissal of several patents as subject matter ineligible for error in analyzing their...more

McDermott Will & Emery

Rage against the Machine: Inventors Must Be Human

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The US Court of Appeals for the Federal Circuit found that an artificial intelligence (AI) software system cannot be listed as an inventor on a patent application because the Patent Act requires an “inventor” to be a natural...more

McDermott Will & Emery

New or Not, Object-Oriented Simulation Patent Ineligible Under § 101

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The US Court of Appeals for the Federal Circuit affirmed a district court’s pleadings-stage determination that patent claims directed to an object-oriented simulation were subject matter ineligible under 35 USC § 101. Simio,...more

Fenwick & West LLP

Patent Eligibility: Where We Are Now

Fenwick & West LLP on

Since I last wrote on the Coons-Tillis patent eligibility reform in Congress, the Federal Circuit declined to take up an en banc rehearing of Athena v. Mayo. The court was deeply divided in the 7-5 decision, with all 12...more

McDermott Will & Emery

Data Processing Software Checks Out as Patent Eligible

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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

McDermott Will & Emery

Patent Owner’s Licensing Program Was Fatal to Its Patent Infringement Theory - JVC Kenwood Corporation v. Nero, Inc.

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Addressing whether an accused defendant infringed patents through the distribution of its software, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s summary judgment that the defendant did not...more

McDermott Will & Emery

An Easy First Impression: Joint Dismissal of Appellate Review - Versata Software, Inc. v. Callidus Software, Inc.

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Addressing for the first time the propriety of vacating an appellate opinion when the underlying appeal is rendered moot before issuance of that opinion, the U.S. Court of Appeals for the Federal Circuit determined that it...more

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