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PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property the Right Way
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The August 4, 2025 memorandum (Memo) issued by the U.S. Patent and Trademark Office (USPTO) clarifies how examiners should approach subject matter eligibility under 35 U.S.C. § 101. Importantly, the Memo provides critical...more
Sterne Kessler’s U.S. IP Update is a newsletter delivering the latest developments in U.S. intellectual property law, tailored for companies and legal counsel in Korea. Stay informed on key court decisions, policy changes,...more
Though largely absent from mainstream news, proposed reforms to patent law are poised to affect everything from biotech startups to major pharmaceutical R&D programs. Specifically, there are four ongoing bipartisan efforts to...more
On this episode of Trending Now – An IP Podcast, Janet Cho and former summer associate Evan Klick* explore the evolving intersection of artificial intelligence (AI) and intellectual property (IP) law in the life sciences...more
The United States Patent and Trademark Office (USPTO) issued a memorandum on August 4, 2025, to provide reminders to Examiners in software-related arts, including artificial intelligence (AI) and machine learning, regarding...more
Following the June 19 anniversary, it's now been 11 years since the U.S. Supreme Court's decision in Alice Corp. v. CLS Bank International — a case that declared a new test for when claims are ineligible for being directed to...more
In a significant decision for patent law and the fitness equipment industry, a panel of the Federal Circuit reversed a partial dismissal of PowerBlock Holdings, Inc.’s patent infringement claims brought against iFit, Inc. in...more
Kilpatrick’s Joe Petersen, a partner with more than two decades of experience representing a broad array of clients in litigation, arbitration, and administrative proceedings involving copyright and trademark law, recently...more
Kilpatrick’s Charles Gray, who focuses his practice on patent counseling and prosecution of both U.S. and international patent applications, recently joined other firm thought leaders to discuss “From Copyright to Patents:...more
The USPTO has issued an internal memorandum that may make it easier to patent software, in particular AI-related software inventions. In recent years, the USPTO has found certain software inventions to be patent-ineligible...more
Optis Cellular Tech., LLC v. Apple Inc., No. 22-1925 (Fed. Cir. June 16, 2025) - Over a decade ago, the U.S. Supreme Court arguably made it easier to invalidate a patent for claiming nonpatentable abstract ideas when it...more
The biotechnology and life science sectors underpin breakthroughs in health care, agriculture, and environmental sustainability by leveraging living systems to create next-generation medicines, diagnostics, and bio-based...more
As artificial intelligence continues to transform industries, innovators face a complex global landscape when it comes to securing patent protection. Join us for a timely and informative webinar exploring how major...more
In a move that could reshape the U.S. patent landscape, Congress has reintroduced two major pieces of legislation: the Patent Eligibility Restoration Act (PERA) of 2025 and the Promoting and Respecting Economically Vital...more
This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more
What does it take to patent an invention on artificial intelligence or machine learning? According to a recent federal appeals court decision, it takes more than just applying a known technique to new data. Rather, the patent...more
The Federal Circuit recently issued a decision in Recentive Analytics, Inc. v. Fox Corp., invalidating the patent claims at issue as directed to ineligible subject matter under 35 U.S.C. § 101. In what it noted was a case of...more
On April 18, 2025, the Federal Circuit published an opinion in Recentive Analytics, Inc. v. Fox Corp. holding that patents claiming the application of existing machine learning models “to new data environments, without...more
Patent eligibility under 35 U.S.C. § 101 remains one of the most hotly contested and unpredictable areas of U.S. patent law. In the years following the Supreme Court’s landmark decisions in Alice Corp. v. CLS Bank Int’l...more
This spring, the Supreme Court of Canada (SCC) will consider the scope of patentable subject-matter as it relates to “methods of medical treatment”....more
Despite its potential to transform the global economy and impact national security, quantum computing has advanced largely outside public scrutiny. Artificial intelligence has dominated public discourse, while quantum...more
The patent world tends to think that the Supreme Court’s framework in Alice is a template for determining the eligibility of software and business method inventions. Under 35 U.S.C. § 101, abstract ideas are not eligible for...more
Earlier this month, the Federal Circuit decided a subject matter eligibility case closely watched in the pharmaceutical industry. The case involved composition-of-matter claims reciting measured results. Reversing the...more
Earlier this month in Luxer Corp. v. Package Concierge, the U.S. District Court for the District of Delaware found that U.S. Patent No. 11,625,675 was ineligible under Section 101. In assessing the defendant's motion to...more
The US Court of Appeals for the Federal Circuit reversed and remanded a determination by the US International Trade Commission regarding subject matter ineligibility under 35 U.S.C. § 101. The Court concluded that the...more