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Articles by Lauren Hockett
PurePredictive, Inc. v. H2O.AI, Inc.: Northern District of California Invalidates Machine Learning Claims Under Section 101 | JD Supra
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Improved User Interface Survives Section 101 Challenges | JD Supra
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Guide to the U.S. Patent Office’s Materials on Subject Matter Eligibility
Since 2014, the USPTO has periodically issued examination guidance, analysis examples, and other insights to guide evaluation of patent subject matter eligibility under 35 U.S.C. § 101. These documents are available on the USPTO’s website and can be helpful in crafting arguments for or against the patent eligibility of claims during examination or in litigation. The summary below is intended to assist the reader in locating relevant materials for a particular eligibility inquiry.
Analogous Analysis: A Survey of Recent PTAB Decisions Establishing Subject Matter Patent Eligibility | JD Supra
In 2014, the U.S. Supreme Court established the current framework for determining patent-eligible subject matter in Alice[1]. The Alice framework is a two-part test, with step one requiring a determination regarding whether a claim is directed to an abstract idea. If not, the claim is patent-eligible.
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