PatentNext Summary: The Federal Circuit’s decision in Recentive Analytics, Inc. v. Fox Corp. found that applying generic machine learning techniques to a new environment, without a specific technological improvement, is patent-ineligible under 35 U.S.C. § 101. The court emphasized that
In Sierra Wireless v. Sisvel S.P.A., Appeals 2023-1059, -1085, -1089, -1125 (Fed. Cir. Mar. 10, 2025), the Federal Circuit vacated and remanded a PTAB decision that had found claims 1, 2, and 6-8 of U.S. Patent No. 7,869,396 (“the ’396
Recent headlines suggest that prominent technology CEOs are tossing tepid water onto the quantum computing narrative, leading to a sell-off of quantum computing stocks in January 2025. However, quantum computing CEO’s disagree, asserting that commercial quantum computers are already here
In Lynk Labs v. Samsung Electronics, the Federal Circuit determined that “a published patent application can be deemed prior art in an IPR as of the application’s filing date.” The Court affirmed the PTAB’s determination that challenged claims of
In a recent PTABWatch article titled “PTAB Provides Some Clarity on Artificial intelligence (AI) Obviousness in IPR decision,” the PTAB’s approach to evaluating obviousness in AI-related patents is examined. The article discusses the case Tesla, Inc. v. Autonomous Devices, LLC,
In a decision that underscores the importance of prior art in the context of AI patents, the PTAB recently issued a final decision in Tesla, Inc. v. Autonomous Devices, LLC, IPR2023-01173 (PTAB January 3, 2025), invalidating all challenged claims of
Agentic AI is transforming artificial intelligence by enabling systems to act independently, making decisions and solving problems autonomously across various industries. Its potential rapid development poses unique challenges for intellectual property protection, requiring innovative strategies to ensure these advancements are
PatentNext Summary: Generative Artificial Intelligence (GenAI) patent application filings continue to rise at the U.S. Patent and Trademark Office (USPTO), with a significant concentration in Tech Center 2100, which focuses on computer architecture and software, particularly AI and simulation technologies.
PatentNext Takeaway: When deciding whether to patent AI-based inventions or maintain them as trade secrets, key considerations include the extent of public disclosure and the detectability of the AI model. Deploying an AI model in consumer-facing devices or making its
This article is co-authored by Phelan Simpkins, counsel for State Farm who oversees emerging technology licenses, among other key areas for the company. Phelan is speaking in his individual capacity. The views expressed herein do not necessarily reflect the view