News & Analysis as of

Technology Appeals Patent-Eligible Subject Matter

Haug Partners LLP

The Application of Generic Machine Learning to New Data Environments Requires “Something More” to be Patent Eligible

Haug Partners LLP on

On April 18, 2025, the Federal Circuit issued an opinion in Recentive Analytics, Inc. v. Fox Corp. addressing for the first time whether patents that claim no more than the application of generic machine learning to a new...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

A&O Shearman

District Of Massachusetts Invalidates Epigenetics Method Patents For Lack Of Eligible Subject Matter

A&O Shearman on

In biomodal Ltd. v. New England BioLabs, Inc., No. 24-cv-11697-RGS, Dkt. No. 78 (D. Mass. Nov. 2024), Defendant New England BioLabs, Inc. (“NEB”) filed a motion to dismiss the claims of infringement of five patents as...more

A&O Shearman

English Court of Appeal makes Emotional Perception neural network hard to patent

A&O Shearman on

There is no special treatment for neural networks when it comes to UK patenting of computer related inventions. That is the essence of the English Court of Appeal’s conclusion, led by a Judge with a keen interest in computer...more

McDermott Will & Emery

Virtually Done: Computer Visualization Patents Are Ineligible for Protection

McDermott Will & Emery on

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

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

Mind Your Ps and Qs, and Your PTAs Too

Last week, the Federal Circuit held that obviousness-type double patenting trumps patent term adjustment, opening the door for invalidity attacks that to date had been questionable. In re Cellect was an appeal from a...more

Holland & Knight LLP

Federal Circuit: Requesting, Transmitting, Receiving, Copying, Deleting, and Storing Data Records Is an Abstract Idea

Holland & Knight LLP on

A recent decision by the U.S. Court of Appeals for the Federal Circuit highlights the importance of describing any improvements to technology in the specification. In the case of Whitserve LLC v. Dropbox, Inc., WhitServe...more

McDermott Will & Emery

Method for Determining Haplotype Phase Found Subject Matter Ineligible

McDermott Will & Emery on

In an appeal from a final rejection of a pending application, the US Court of Appeals for the Federal Circuit held that claims directed to methods for determining “haplotype phase” were correctly rejected under 35 USC § 101...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2021 #3

John Bean Technologies Corporation v. Morris & Associates, Inc., Appeal Nos. 2020-1090, -1148 (Fed. Cir. Feb. 19, 2021) - Our Case of the Week this week focuses on the doctrine of intervening rights, a doctrine that is...more

Holland & Knight LLP

Patent Directed to Countering Credit Card Fraud is an Invalid Abstract Idea Under Section 101

Holland & Knight LLP on

In the case of In Re: SARADA MOHAPATRA, Appellant, No. 2020-1935, 2021 WL 408755 (Fed. Cir. Feb. 5, 2021), Sarada Mohapatra sought to overturn a decision of the Patent Trial and Appeal Board (PTAB), holding that his patent...more

Knobbe Martens

Even Non-Obvious Patent Claims May Lack Inventive Concepts

Knobbe Martens on

In the recent Two-Way Media v. Comcast decision, the Federal Circuit affirmed a district court’s holding that evidence of non-obviousness was irrelevant to patent eligibility under the Supreme Court’s two-step Alice...more

Knobbe Martens

Visual Memory v. Nvidia – Configurability of memory system found to be a basis for patent-eligibility

Knobbe Martens on

The Federal Circuit recently decided a patent subject-matter eligibility case relating to computer memory in Visual Memory LLC v. Nvidia Corp. In a divided opinion, the Federal Circuit reversed the district court and held...more

Hogan Lovells

Patentability of software in Italy & partial recovery of profits (infringement of patents on marginal aspects of a product)

Hogan Lovells on

By judgement of January 3rd, 2017, the Turin Court of Appeal delivered a monumental decision in a longstanding patent dispute concerning the validity and infringement of patents relating to an Electronic Program Guide (EPG)...more

Knobbe Martens

U.S. Appeals Court Finds a Software Patent Valid Even Under the Supreme Court’s “Alice” Test

Knobbe Martens on

A recent Federal Circuit decision in Bascom Global Internet Services, Inc. v. AT&T Mobility LLC, gives patent owners another illustration of patent subject matter eligibility under section 101....more

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