Intellectual Property Protection, Section 101, Alice/Mayo

Fed. Cir. Ends Approach Employed To Make Challenging Patents As Abstract Ideas More Difficult

Irwin IP LLP on 7/29/2025

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 Uncertain Future of Section 101: Patent Eligibility in the Wake of Recent Supreme Court (In)Action

Proskauer - The Patent Playbook on 4/8/2025

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

PTAB’s Reversal Sheds Light on Quantum Computing Patents

Goodwin on 3/21/2025

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

Federal Circuit Polishes § 101’s Abstract Idea Test

McDermott Will & Emery on 2/24/2025

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

Patent Eligibility: The Call for Supreme Court Clarity and for an End to Summary Affirmances

Sheppard Mullin Richter & Hampton LLP on 2/6/2025

The U.S. Supreme Court has once again been urged to revisit 35 U.S.C. § 101, the statute governing patent eligibility. Audio Evolution Diagnostics, Inc. (AED) filed a petition for writ of certiorari, challenging the Federal...more

Claim to High-Yield Enzymatic Production of Stevia Compound Held Invalid as Abstract Idea

Holland & Knight LLP on 1/3/2024

Naturally occurring compounds generically referred to as steviols are used as sugar substitutes because they impart sweetness without contributing calories. These compounds exist in different forms, with some being sweeter...more

Senior Circuit Judge Issues Split Decision on Patent Eligibility of Claims Directed to Restricting Access to Computer Files

Akin Gump Strauss Hauer & Feld LLP on 10/27/2023

Senior Circuit Judge Bryson of the Federal Circuit, sitting by designation in the District of Delaware, recently granted-in-part and denied-in-part a Rule 12(c) motion for judgment based on patent eligibility under 35 U.S.C....more

Trinity Info Media, LLC, fka Trinity Intel Media, LLC, v. Covalent, Inc., No. 2022-1308 (Fed. Cir. July 14, 2023) (“Opinion”)

Sheppard Mullin Richter & Hampton LLP on 10/9/2023

This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § 101...more

Automating Without Innovating: Patents Held Invalid

Irwin IP LLP on 5/9/2023

People.ai, Inc. v. Clari Inc., 2022-1364, (Fed. Cir. April. 7, 2023) - In an appeal before the Federal Circuit, plaintiff People.ai argued to no avail that the Northern District of California erred in its finding of...more

Expert Testimony That Contradicts Patent Specification Fails to Create a Genuine Issue of Fact in a Patent Eligibility Dispute

Knobbe Martens on 7/19/2022

CAREDX, INC. V. NATERA, INC. Before Lourie, Bryson, and Hughes - Summary: Expert testimony that steps of challenged patent claims were unconventional failed to preclude summary judgment of ineligibility where...more

Momentum Builds for Supreme Court Review of American Axle, Clarification of Patent Eligibility Law

Knobbe Martens on 6/23/2022

Introduction - The Mayo/Alice subject-matter eligibility test has been a controversial topic since its creation. Many have argued that it leaves innovators, particularly in the software field, with uncertainty as to...more

Intellectual Property Protection › Section 101 › Alice/Mayo

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