Posts Tagged: patent eligible
How to Safeguard AI Technology: Patents versus Trade Secrets
A common refrain is that an invention is only as valuable as the patent that protects it. But what happens when you cannot secure the patent? This …
CAFC Affirms Section 112 Invalidation/ Non-Infringement in Synchronoss v. Dropbox Dispute
On February 12, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s conclusion of invalidity under Section 112 and/or non-infringement in …
USIJ to Supremes: Set Boundaries on 101 Jurisprudence to Save U.S. Innovation
The Alliance of U.S. Startups & Inventors for Jobs has filed an amicus brief supporting American Axle & Manufacturing, Inc.’s petition for certiorari with the U.S. …
Federal Circuit Reiterates It Will Not Be Bound by USPTO Eligibility Guidance
Earlier today, in cxLoyalty, Inc. v. Maritz Holdings, Inc., the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part, reversed-in-part and dismissed-in-part a decision of …
The Day One Project Examined: USPTO Transition Proposals Advocate Questionable PTAB, Section 101 Policies
Recently, the Day One Project, an initiative of the Federation of American Scientists, released a transition document drafted by a collection of veteran policymakers discussing a range …
Iancu Says Goodbye, Urges Commitment to ‘American Innovation Renaissance’
One day before Joe Biden was to be inaugurated as the 46th U.S. President, U.S. Patent and Trademark Office (USPTO) Director Andrei Iancu confirmed he …
Drawing Software Patent Drafting Guidance in 2021 from an Unlikely Source: the Federal Circuit
Since the Supreme Court’s Alice decision in 2014, inventors have faced extra hurdles trying to protect their software-related inventions with patents. A chief obstacle has been satisfying …
Skidmore-Mead Can Solve the Patent Eligibility Dilemma
Judge Kimberly Moore, in a comprehensive and insightful opinion dissenting from the denial of the petition for rehearing en banc in Athena Diagnostics, Inc. v. Mayo Collaborative …
Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part II)
In Part I of this article, I explained that the CAFC invalidated almost every software patent on appeal for eligibility in 2020 and recapped the first 13 such cases …
Alice in 2020: Slashing Software Patents and Searching for Functional Language at the Federal Circuit (Part I)
Last year was an active one at the United States Court of Appeals for the Federal Circuit (CAFC) for software eligibility. It also was a brutal year …
Federal Circuit Affirms District Court Ineligibility Decision under Alice
On December 29, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a district court’s decision dismissing Simio’s patent infringement action against FlexSim …
The Patent System is ‘Desperate’: American Axle Implores High Court to Take Up Eligibility Fight
American Axle & Manufacturing, Inc. filed a petition for certiorari with the U.S. Supreme Court on December 28, 2020, asking it to review the Federal Circuit’s July 31, 2020 modified …
One Entrepreneur’s Story: Snapizzi Gets Caught in the Section 101 Snare
In 2015, Randy dela Fuente launched Snapizzi. Randy had bet big, putting his career, savings, and company at risk. Later, Randy brought in a business partner, Chris Scoones, …
Federal Circuit Reflections, 2020: The Good and (Mostly) Bad
If you’re looking for some positive patent news from 2020, count the heightened civic awareness of our intellectual-property/innovation policies, as a result of the global pandemic, …
CAFC Upholds District Court Finding for Netflix Invalidating Adaptive Patent Under 101
On December 14, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the United States District Court for the Central District of …
