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McDermott Will & Emery

Broadcast Alert! Applying Conventional Machine Learning to New Data Isn’t Patent Eligible

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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

J.S. Held

Evolving Landscape of Technology Rights Enforcement

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Established 25 years ago at the turn of the century by the World Intellectual Property Organization (WIPO), World IP Day celebrates the unique contributions made by global inventors and creators. Over the past half century,...more

Patterson Belknap Webb & Tyler LLP

“Not That Kind of Memory Storage – Judge Oetken Grants Samsung’s Motion for Summary Judgment of Non-Infringement”

On March 31, 2025, Judge Oetken granted summary judgment for Samsung Electronics Co., Ltd. and certain of its subsidiaries (“Samsung”) in an infringement suit brought against it by Dynamics Inc. (“Dynamics”). Dynamics Inc v....more

Fenwick & West LLP

Healthtech Patents: What Alivecor v. Apple Means for AI-Powered Innovation

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A major Federal Circuit ruling just sent a clear message to AI-driven healthtech companies: AI alone won’t get you a patent....more

A&O Shearman

UPC revocation actions: What is a reasonable number of auxiliary requests?

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Two recent UPC decisions have provided some guidance on the admissibility and reasonableness of auxiliary requests in revocation actions. The court will look at the specific circumstances and complexity of the revocation...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Apple Inc. v. Gesture Technology Partners

Apple Inc. v. Gesture Technology Partners, LLC, Appeal Nos. 2023-1475, -1533 (Fed. Cir. Mar. 4, 2025) Our Case of the Week is a high-stakes appeal from an inter partes review concerning a patent titled “Camera Based...more

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

2024 PTAB Year in Review: Analysis & Trends – 2024 PTAB Case Highlights

Abuse of Process and/or Sanctions – 37 C.F.R. § 42.12 - Spectrum Solutions LLC v. Longhorn Vaccines & Diagnostics, LLC, IPR2021-00847, IPR2021-00850, IPR2021-00854, IPR2021-00857 & IPR2021-00860 - Decision...more

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

2024 PTAB Year in Review: Analysis & Trends

The Patent Trial and Appeal Board (PTAB) continues to play a pivotal role in shaping the intellectual property landscape. In 2024, several developments affecting PTAB practice emerged, from new rulemaking at the USPTO to key...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2025 #2

In re Entresto (Sacubitril/Valsartan), Appeal Nos. 2023-2218, -2220, -2221 (Fed. Cir. Jan. 10, 2025) In our Case of the Week, the Federal Circuit revived Novartis’s US Patent No. 8,101,659 by reversing the district...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2024 #3

CloudofChange, LLC v. NCR Corp., Appeal No. 2023-1111 (Fed. Cir. Dec. 18, 2024) In our Case of the Week, the Federal Circuit addressed the question of divided infringement in the context of system claims. In its...more

A&O Shearman

Federal Circuit Vacates And Remands PTAB Decision In Palo Alto Networks v. Centripetal Networks Over Motivation To Combine Prior...

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The ’903 patent, entitled “Correlating Packets In Communications Networks,” discloses a computing system that can identify and correlate packets (“small segments that together make up a larger communication”) received and...more

McDermott Will & Emery

The Devil Is in the Details: Bioequivalence, In Vitro Testing Not Enough to Establish Infringement

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Addressing for the first time the issue of whether bioequivalence data and in vitro testing can show that an abbreviated new drug application (ANDA) product with different immediate and delayed release portions infringed on a...more

A&O Shearman

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

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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

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2024

Mirror Worlds Technologies, LLC v. Meta Platforms, Inc., Appeal Nos. 2022-1600, -1709 (Fed. Cir. Dec. 4, 2024) In this appeal from the United States District Court for the Southern District of New York, the Federal...more

A&O Shearman

Balancing innovation and public health: third-party interests in the UPC's landmark ruling of Edwards Lifesciences vs. Meril

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In a landmark decision (UPC_CFI_15/2023) delivered on November 15, 2024, the Unified Patent Court's Local Division in Munich (UPC, LDM) ruled in favor of Edwards Lifesciences Corporation in a patent infringement case against...more

A&O Shearman

District Court Reinforces High Bar For Applying Patent Prosecution Bar

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In Champion Power Equipment Inc. v. Firman Power Equipment Inc., No. CV-23-02371-PHX-DWL (D. Ariz. Oct. 18, 2024), defendant filed a motion for a protective order seeking two forms of relief: 1. a patent prosecution bar...more

A&O Shearman

Dutch District Court rules on the plausibility standard on the merits (apixaban)

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In this note, we will discuss the latest decisions on the merits from the Dutch patent court on the matter of plausibility and inventive step. These were handed down in two cases (BMS v Sandoz and BMS v Teva) on 30 October...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | September 2024

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The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Natera, Inc. v. NeoGenomics Laboratories, Inc. (Fed. Cir. 2024)

In Natera Inc. v. NeoGenomics Laboratories, Inc. the Federal Circuit affirmed the District Court's grant of a preliminary injunction against NeoGenomics in patent infringement litigation involving Natera's U.S. Patent Nos....more

Erise IP

Eye on IPRs, August 2024: Federal Circuit Rules on Arguments Not Raised in Request for Rehearing, USPTO Director’s Potential...

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Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Federal Circuit Addresses Waiver of Argument Not Raised in Request for...more

Erise IP

Eye on IPRs, July 2024: Impact of the End of Chevron on USPTO; PTAB Filings Are Up; and More

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Every month, Erise’s patent attorneys review the latest inter partes review (IPR) cases and news to bring you the stories that you should know about: What Does the End of Chevron Deference Mean for the USPTO? In June, the...more

A&O Shearman

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

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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

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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

A&O Shearman

Shifting Strategies in U.S. Intellectual Property Disputes: Lessons from 2023

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For Taiwanese corporates developing critical technologies in the face of shifting global supply chains, the need to protect intellectual property assets has never been more pressing. The biggest IP-related drag on company...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2024

Freshub, Inc. v. Amazon.com, Inc., Appeal Nos. 2022-1391, -1425 (Fed. Cir. Feb. 26, 2024) In the Court’s only precedential patent opinion this week, the Court affirmed a jury finding that use of Amazon’s “Alexa” products...more

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