5 Key Takeaways | Alice at 10: A Section 101 Update
5 Key Takeaways | Rolling with the Legal Punches: Resetting Patent Strategy to Address Changes in the Law
4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation
5 Key Takeaways | Hot Topics in Biopharma
Podcast: The Briefing - A Prototypical Corporate Salesperson is Not Patentable
[IP Hot Topics Podcast] Innovation Conversations: Andrei Iancu
Nota Bene Episode 99: Unpacking the Pendulum of American Patent Policy Then, Now, and Forward with Rob Masters
IP(DC) Podcast: Patent Battles – New Patent Initiatives on the Hill & Notable CAFC/SCOTUS Decisions
Podcast: Patentable Subject Matter in 2019
Compiling Successful IP Solutions for Software Developers
Drafting Software Patents In A Post-Alice World
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
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
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
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
POWERBLOCK HOLDING, INC. v. IFIT, INC. - Before Taranto, Stoll, and District Judge Scarsi. Appeal from the United States District Court for the District of Utah. Under step one of the Alice test, claims should be considered...more
With the Supreme Court sidestepping Audio Evolution Diagnostics, stakeholders should prepare for litigation risk and engage on PERA reform efforts....more
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
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
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
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 landscape of patent law for artificial intelligence (AI) and machine learning (ML) innovations has become fraught with uncertainty. The U.S. Court of Appeals for the Federal Circuit's precedential opinion in Recentive...more
RECENTIVE ANALYTICS, INC. v. FOX CORP. - Before Dyk, Prost, and Goldberg. Appeal from the United States District Court for the District of Delaware. The Federal Circuit found that claims applying established methods of...more
Recently, the Federal Circuit vacated both the infringement and damages judgments against Apple in a patent case that involves standard-essential patents (SEPs) related to Long-Term Evolution (LTE) technology brought in the...more
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung e.V. v. Sirius XM Radio Inc., No. 2023-2267 (Fed. Cir. (D. Del.) June 9, 2025). Opinion by Lourie, joined by Dyk and Reyna....more
In a decision underscoring the distinct standards governing enablement under §§ 102 and 112, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s finding that a prior art reference was...more
The evolution of subject matter eligibility after the Supreme Court's decisions in Prometheus v. Mayo, Alice v. CLS Bank, and Association for Molecular Pathology v. Myriad Genetics has resulted in a regime of predictable...more
Your Package Could Not Be Delivered – District of Delaware Strikes Electronic Storage Room Claims as Patent Ineligible - Judge Choe-Groves of the United States Court of International Trade granted Defendant’s Motion to...more
Aviation Capital Partners v. SH Advisors, the U.S. Court of Appeals for the Federal Circuit affirmed the ineligibility of claims directed to determining the taxability status of aircraft based on flight data. The panel upheld...more
The last 11 years have taught us much about the Federal Circuit; namely, that a majority of the judges simply do not seem to appreciate software. Given the statements that several have made in opinions, one might be able to...more
On April 18, 2025, the Court of Appeals for the Federal Circuit (CAFC) ruled in Recentive Analytics Inc. v. Fox Corp. et al. that new uses for established machine learning do not make the claims patent-eligible....more
Stark, J. Sage Products, LLC (“Sage”) challenged a Patent Trial and Appeal Board (“Board”) decision finding two of Sage’s patents unpatentable. After the original appellee, Becton, Dickinson and Co., withdrew, the Director of...more
On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., Case No. 2023-2437 (Apr. 18, 2025), affirming...more
On April 18, 2025, the Federal Circuit issued an opinion in Recentive Analytics, Inc. v. Fox Corp. addressing for the first time whether patents that claim no more than the application of generic machine learning to a new...more
In Recentive Analytics, Inc. v. Fox Corp., No. 2023-2437, slip op. at 18 (Fed. Cir. April 18, 2025), the Federal Circuit held that “patents that do no more than claim the application of generic machine learning to new data...more