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Technology CLS Bank v Alice Corp

Jones Day

Patenting Digital Health Innovations Incorporating AI in View of USPTO's Recent Subject Matter Eligibility Guidance

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Patent procurement activity is increasing to protect embedded artificial intelligence ("AI") technologies in a variety of digital healthcare solutions. The United States Patent and Trademark Office ("USPTO") has issued the...more

Foley & Lardner LLP

The Challenges of Patenting Autonomous Vehicle AI and Software

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There are countless innovations being made for autonomous vehicle components, including for advanced sensors, radar and LiDAR, geolocation, and telecommunications. The automotive industry filed 25k+ patents in 2018 to protect...more

Knobbe Martens

Even Non-Obvious Patent Claims May Lack Inventive Concepts

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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

Fenwick & West LLP

Heads Up: The Federal Circuit Sees Patent Eligibility in Knowing Which Way to Look

Fenwick & West LLP on

The most significant Federal Circuit decision in March was Thales Visionix, Inc. v. United States, another case finding eligible subject matter. What distinguishes this case—and demonstrates the inherently subjective...more

Akin Gump Strauss Hauer & Feld LLP

Video Upload Facilitation Patents Invalid Under Alice Framework

On November 10, 2016, Judge David C. Godbey of the United States District Court for the Northern District of Texas held that two video upload patents were invalid under 35 U.S.C. § 101. The patents, owned by Youtoo...more

Knobbe Martens

Subject Matter Eligibility May Rest on Whether Software is “Technological”

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Two recently issued decisions by federal courts highlight the uncertainty around claims to software-implemented inventions after the Supreme Court decision in Alice v. CLS Bank. Both decisions relate to the patent...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

Fenwick & West LLP

#AliceStorm: The Summertime Blues Continue

Fenwick & West LLP on

In my July post, I noted that Section 101 court decisions were issuing fast and furious, with twelve decisions in just the first ten days. I predicted that "At this pace, we could see some twenty to thirty decisions this...more

Fenwick & West LLP

Versata: What's Technological and The New Rule Against Improvements

Fenwick & West LLP on

What Is a "technological invention"? The other part of the CBM definition at issue in Versata is the exclusion of a technological invention from the scope of CBM review. Correctly, the Court noted that the USPTO's...more

Morris James LLP

Motion To Dismiss For Failure To Claim Patent-Eligible Subject Matter Is Granted In Part

Morris James LLP on

Andrews, J. Defendants’ motion to dismiss amended complaints for failure to claim patent-eligible subject matter pursuant to § 101 is granted in part. The court heard oral argument and considered plaintiff’s proposed claim...more

Robins Kaplan LLP

3D Printing, Innovation Protection, and Manufacturing: The Big Change is Now

Robins Kaplan LLP on

Intellectual property (IP) law is undergoing a major transformation just as additive manufacturing? or 3D printing? has begun to revolutionize the manufacturing industry. The interplay between these two forces could end up...more

Robins Kaplan LLP

How to Keep What is Yours: Practical Considerations for Healthcare IT Protection

Robins Kaplan LLP on

One of the worst kept secrets is the experienced and expected growth in healthcare IT. In 2013, over $650 million was invested into healthcare IT companies, and the trend is continuing to grow. Combined with the fact that...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ultramercial v. WildTangent -- Petition for Writ of Certiorari

The Ultramercial story is not over. In the latest step of a controversial case involving 35 U.S.C. § 101 that has been ongoing since 2009, patentee Ultramercial has petitioned the Supreme Court for a writ of certiorari. The...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Holds Forum on Interim Guidance -- Part III

In a forum held last month on the U.S. Patent and Trademark Office's Alexandria campus, Office representatives discussed the Interim Guidance on Patent Subject Matter Eligibility, which was released in December, and received...more

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

Can Digital Healthcare Innovation Be Patented? Eligibility of Digital Healthcare Technologies Under the New USPTO Eligibility...

Digital healthcare, the confluence of digital technology with medical and other biological fields, has become an ever-increasing presence in our daily lives. Ideas that seemed nearly impossible just a few years ago (such as...more

Robins Kaplan LLP

After Alice: Patent Eligibility Considerations for All Technology Inventors

Robins Kaplan LLP on

The technological advances of post-WWII America spurred the growth of patenting of modern technology. From chemicals to useful bacteria, and from petroleum derivatives to computer chips, many of the inventions that are now a...more

Foley Hoag LLP

What Did the Court Really Say About Patent Eligibility?

Foley Hoag LLP on

Implications of Alice v. CLS Bank - Late last week, the United States Supreme Court decided Alice Corp. Pty. Ltd. v. CLS Bank Int’l, et al., a case the technology community had hoped would clarify what kinds of...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Affirms That Abstract Ideas Are Patent-Ineligible Alice Corp. Pty. Ltd. v. CLS Bank Int'l

In a unanimous decision, the U.S. Supreme Court affirmed the Federal Circuit's en banc decision that petitioner Alice Corporation's asserted patent claims are invalid for being directed to a patent-ineligible abstract idea....more

Miller Canfield

U.S. Supreme Court Rules Abstract Idea Implemented on Generic Computer is Not Patent Eligible

Miller Canfield on

Patent claims that merely require generic computer implementation do not transform a patent-ineligible abstract idea into a patent-eligible invention, the U.S. Supreme Court ruled in Alice Corp v. CLS Bank, decided on...more

Mintz - Trademark & Copyright Viewpoints

Computer Implementation Not Enough to Render Abstract Ideas Patent Eligible

The Supreme Court yesterday issued its long-awaited decision in Alice Corporation v. CLS Bank International addressing the patent eligibility of computer-implemented inventions under 35 USC §101. The Court’s unanimous...more

K&L Gates LLP

Software Is Still Patentable, With Caveats

K&L Gates LLP on

On Thursday, the Supreme Court issued its long-awaited opinion on software and business method patents in Alice Corp. Pty. Ltd. v. CLS Bank Int’l, et al. In a unanimous opinion written by Justice Thomas, the Court held all of...more

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