Alaina J. Lakawicz

Subscribe to all posts by Alaina J. Lakawicz

The Scope of Eligibility

By Alaina J. Lakawicz on March 28, 2023 Posted in Patent

Following the Supreme Court’s Alice Corp. Pty. v. CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion practice. In Hantz Software, LLC v. Sage Intacct, Inc., however, the Federal Circuit made a ruling that should give parties pause before moving, particularly in … Continue Reading

Federal Circuit Hears Case on Whether an AI-Generated Invention Is Patentable

By Alaina J. Lakawicz on June 7, 2022 Posted in Patent, Patents

On June 6, the U.S. Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications As described in a companion article, which can be found here, Plaintiff Stephen Thaler, Ph.D., is the owner of a Device for the … Continue Reading

Courts Rule That AI Inventorship Can Rust in Peace

By Alaina J. Lakawicz on October 6, 2021 Posted in Federal Circuit, Patent, Patents, USPTO

On Sept. 2, 2021, the U.S. District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. It ruled that the “clear answer” is no. The Patent Applications Plaintiff Stephen Thaler, Ph.D., is the owner of a Device … Continue Reading

The Sun Has Set on CBM Review

By Jennifer M. Kurcz and Alaina J. Lakawicz on September 23, 2020 Posted in Patent

Earlier this month, on September 16, 2020, the Transitional Program for Covered Business Method (CBM) Review expired.[1] Enacted as part of the AIA and spanning eight years, CBM Review was promoted within Congress as a vehicle to challenge weak patents, i.e., patents that should not have been issued in view of the Supreme Court’s Bilski … Continue Reading