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Since the Supreme Court’s landmark decision in Mayo Collaborative Services et al. v. Prometheus Laboratories, Inc., 566 U.S. 66 (2012), the lower courts have repeatedly found patent claims for medical diagnostic methods to be ineligible for patenting under 35 U.S.C §101. In Mayo, the Supreme Court held that a claim for correlating levels of a drug metabolite in a patient’s blood to drug efficacy was not patent eligible under §101, because the claim at issue merely recited a law of nature — one of the judicial exceptions to patent eligible subject matter under §101.
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Beyond Language: How Multimodal AI Sees the Bigger Picture
By Matthew R. Carey
The possibilities for patenting innovative applications of multimodal models across industries are endless.
Protecting Technology-Assisted Works and Inventions: Where Does AI Begin?
By Ed Lanquist, Jr. and Dominic Rota
Just like any new technology, efforts to protect and enforce intellectual property on AI-based technologies are likely to be hampered by a lack of both a unified governing framework and a common understanding of the technology.
Content-Licensing Payment Dispute Turns On Existence of Fiduciary Relationship
By Stan Soocher
A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties’ relationship to determine whether a fiduciary relationship existed.
Federal Judge Blasts Patent Trolls
By Rob Maier
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for “patent trolls” — the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits — against filing cases in Delaware going forward.