12(b)(6) motion to dismiss as abstract
In the recent Trinity vs. Covalent decision, the Federal Circuit gave patent infringers a new defensive weapon: a 12(b)(6) motion to dismiss … Read more
Alice Issues
Patentability of LLM and AI
LLM (Large Language Model) and AI (artificial intelligence) inventions are patentable in the US. One reason is that, legally, these are not … Read more
Saving patent eligibility
The 2019 USPTO revised patent subject matter eligibility guidance (2019 PEG, now in MPEP 2106) helped clarify “Alice” patent eligibility issues. In … Read more
Thales patent eligibility ruling
A recent Federal Circuit case, Thales Visionix Inc. v United States, continues the process of restoring sanity to the ongoing “Alice” patent … Read more
Sending Alice to Planet Blue
Forget “patent invalid because abstract”, the Planet Blue decision finds the real issue is “preemption.” Non-preemptive software claims are not abstract. In … Read more
Rapid Litigation: Biotech patent win
In “Rapid Litigation”, the Federal Circuit is further cleaning up the 35 USC 101 “abstract” patent eligibility mess caused by SCOTUS’s Alice and Mayo decisions.