News & Analysis as of

Patents Patent-Eligible Subject Matter

King & Spalding

Live Long and Patent: Lessons from Captain Kirk’s Encounter with the PTAB

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In a tale that boldly goes where few celebrity inventors have gone before, William Shatner—yes, that William Shatner—alongside two co-inventors, filed a patent application for a “Smartphone Organization System and...more

BakerHostetler

Navigating Patent Eligibility in the Age of AI: Strategic Insights from the USPTO’s August 2025 Guidance

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

U.S. IP Update – August 2025

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

A&O Shearman

Federal Circuit Finds Claims of Selectorized Dumbbell Weight Patent Not Directed to an Abstract Idea

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On August 11, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion reversing the decision of the U.S. District Court for the District of Utah that found certain claims of a selectorized dumbbell...more

Proskauer - The Patent Playbook

Federal Circuit Lifts § 101 Barrier on Smart Dumbbells

On August 11, 2025, the Federal Circuit reversed the District of Utah’s ruling that all but one of the claims in PowerBlock Holdings, Inc.’s U.S. Patent No. 7,578,771 were invalid under 35 U.S.C. § 101. PowerBlock Holdings,...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Offers Some Helpful Patent Eligibility Guidance

On August 11, in Powerblock Holdings, Inc. v iFit, Inc., the Federal Circuit offered at least two observations that can benefit patentees seeking patent protection for inventions involving software. First, the court noted...more

Alston & Bird

Patent Case Summaries | Week Ending August 15, 2025

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PowerBlock Holdings, Inc. v. iFit, Inc., No. 2024-1177 (Fed. Cir. (D. Utah) Aug. 11, 2025). Opinion by Stoll, joined by Taranto and Scarsi (sitting by designation). PowerBlock sued iFit for infringement of a patent directed...more

McDermott Will & Schulte

Feel the burn: Mechanical improvement is patent eligible under § 101

The US Court of Appeals for the Federal Circuit reversed a district court’s partial dismissal of the plaintiff’s patent claims under 35 U.S.C. § 101, finding that the claims were not directed to an abstract idea under Alice...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - Who Owns AI Innovation? IP in the Age of Artificial Intelligence

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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

Wilson Sonsini Goodrich & Rosati

UKIPO Decides Patentability of Computer Games in the UK Involving Real-World Player Interactions

A recent decision issued by the UK Intellectual Property Office (UKIPO) concerning a patent application filed by a game developer company Bandai Namco Entertainment Inc. (Bandai Namco) serves as a useful example for informing...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC

Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC, Appeal No. 2023-2350 (Fed. Cir. Aug. 13, 2025) - In our Case of the Week, the Federal Circuit reversed a jury finding of infringement from the District...more

Morgan Lewis

USPTO Memo Clarifies AI/ML Patent Eligibility Rules

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Deputy Commissioner for Patents Charles Kim issued a memorandum to three technology centers reminding examiners how subject matter eligibility should be evaluated under 35 USC § 101. These technology centers often handle...more

Brownstein Hyatt Farber Schreck

Patent Eligibility Uncertainty Persists after Latest Supreme Court Denial

With the Supreme Court sidestepping Audio Evolution Diagnostics, stakeholders should prepare for litigation risk and engage on PERA reform efforts....more

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

IP Hot Topic: The USPTO Publishes Reminders to Examiners on Evaluating Subject Matter Eligibility

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

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

PowerBlock Holdings, Inc. v. iFit, Inc.: Electro-Mechanical Systems That Automate Physical Actions Can Be Patent Eligible Under §...

Modern electro-mechanical systems—ranging from humanoid robots and automated assembly lines, to smart workout equipment and medical devices—combine mechanical and electronic components to automate the performance of physical...more

Bradley Arant Boult Cummings LLP

A Weighty Decision by the Federal Circuit Reverses Patent Ineligibility Ruling

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

Foley & Lardner LLP

USPTO Clarifies Eligibility Examination Standards for Software Innovations

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On August 4, 2025, the U.S. Patent and Trademark Office (USPTO) released a new memorandum to patent examiners in Technology Centers 2100, 2600, and 3600, providing targeted reminders on evaluating subject matter eligibility...more

Kilpatrick

5 Key Takeaways | Part One: From Copyright to Patents: Global IP and Legal Issues in GenAI Innovations

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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

3 Key Takeaways | Part Two: From Copyright to Patents: Global IP and Legal Issues in GenAI Innovations

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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

MoFo Tech

USPTO Internal Memo Suggests that Patenting AI Inventions May Become Easier

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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

Patterson Belknap Webb & Tyler LLP

Nothing to See Here: Judge Engelmayer Finds Claims Directed to Interactive Mobile Advertising to be Abstract

On July 21, 2025, District Judge Paul A. Engelmayer (S.D.N.Y.) granted Defendants Teads, Inc., Teads SA, and Teads SARL’s (together, “Teads”) Motion to Dismiss Yieldmo, Inc.’s (“Yieldmo”) Amended Complaint alleging that Teads...more

McDonnell Boehnen Hulbert & Berghoff LLP

From Abstract to Concrete: The Path Forward for Machine Learning Patents

While the precedent set by Recentive Analytics, Inc. v. Fox Corp.[1] presents a formidable challenge, it does not represent a complete foreclosure of patent protection for machine learning inventions. The court’s opinion,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: IGT v. Zynga Inc.

IGT v. Zynga Inc., Appeal No. 2023-2262 (Fed. Cir. July 22, 2025) In this week’s Case of the Week, the Federal Circuit examined the reviewability and merits of the Patent Trial Appeal Board’s decision to institute inter...more

Irwin IP LLP

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

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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

Jenner & Block

Two Federal Circuit Decisions Nullify Nine-Figure Damages Awards

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In two June 2025 decisions, the Federal Circuit Court of Appeals rejected patent infringement jury verdicts for $218.5 million and $300 million—one reversed for claiming patent ineligible subject matter, and the other vacated...more

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