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IP Practice

The latest advice and insight on all things IP, including asset creation and protection, enforcement and protection, and transactions. As one of America’s largest intellectual property and technology law firms, we know the issues that are essential to your business.

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Section 101
Blog
Patent Eligibility Reform Introduced in the U.S. House of Representati...
|Philip M. Nelson
Today Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA) introduced the Patent Eligibility Restoration Act (PERA), bipartisan legislation m...
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Litigation
Section 101
Blog
Automating Background Checks Held Patent Ineligible Under § 101
|Andrew R. HuntsingerJeremy Anapol
MILLER MENDEL, INC. V. CITY OF ANNA, TEXAS Before Moore, Stoll, and Cunningham. Appeal from the United States District Court for the Eastern Distri...
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Section 101
PTAB
Blog
Current Congressional Attempts at Patent Reform
|Philip M. Nelson
In recent years, Congress has considered potential new laws for patent reform, typically changes to the system supported by patent owners. Two mai...
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Litigation
Section 101
Blog
A Computer Method Claim Must Improve the Functions of the Computer to ...
|Justin J. Gillett
INTERNATIONAL BUSINESS MACHINES CORP. v. ZILLOW GROUP, INC. Before Hughes, Reyna, and Stoll. Appeal from the United States District for the Weste...
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Litigation
Section 101
Blog
Avoiding § 101 Eligibility Issues in Internet-Centric Method Claims
|Christian BoettcherHans L. Mayer
WEISNER v. GOOGLE LLC Before Stoll, Reyna, and Hughes, Appeal from the United States District Court for the Southern District of New York. Summary:...
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Section 101
Blog
Momentum Builds for Supreme Court Review of American Axle, Clarificat...
|Philip M. Nelson
Introduction The Mayo/Alice subject-matter eligibility test has been a controversial topic since its creation. Many have argued that it leaves inn...
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Litigation
Section 101
Blog
Claims Directed at Longstanding Commercial Practices Do Not Pass Step ...
|Kendall Loebbaka
ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC v. SHOPPERSCHOICE.COM, LLC Before Prost, Dyk, and Wallach. Appeal from the United States District Cour...
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Section 101
Blog
Effect of USPTO’s October 2019 101 Guidance
|Philip M. Nelson
The USPTO has released
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Litigation
Section 101
Blog
Result-Oriented Claims Based on Natural Laws Held Invalid Under § 101
|Douglas B. WentzelJeremy Anapol
AMERICAN AXLE & MANUFACTURING, INC. v. NEAPCO HOLDINGS LLC Before Dyk, Moore, Taranto. Appeal from the United States District Court for the D...
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Litigation
Section 101
Blog
Patent Claims Reordering Conventional Steps May Be Ineligible Under § ...
|Andrea Cheek
SOLUTRAN, INC v. ELAVON, INC. Before Chen, Hughes, and Stoll. Appeal from the United States District Court for the District of Minnesota Summary: M...
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Section 101
Blog
The Impact of Fact Issues on Patent Eligibility after Berkheimer
|Jeremy Anapol
The Federal Circuit’s 2018 decision in Berkheimer v. HP Inc. was likely the most consequential development in patent eligibility since the Supreme ...
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Section 101
Blog
101 Patent Reform Progressing in Congress
|Philip M. Nelson
On May 22, 2019, a bipartisan committee of the U.S. Senate and House released a draft bill on § 101 reform, in a further attempt to reduce procedur...
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