In a precedential decision addressing the intersection of machine learning and patent law, the Federal Circuit affirmed the district court’s dismissal of Recentive Analytics, Inc.’s patent infringement claims against Fox Corp. and its affiliates. The court held that Recentive’s patents merely applied generic machine learning techniques to the fields of event scheduling and network map creation, and thus were directed to abstract ideas that lacked an inventive concept sufficient to satisfy the requirements of 35 U.S.C. § 101. This decision underscores the challenges of securing patent protection for new applications of established machine learning techniques in various fields.

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Photo of James J. DeCarlo James J. DeCarlo

Jim DeCarlo is a Shareholder in Greenberg Traurig’s Intellectual Property and Technology Practice. A registered patent attorney and electrical engineer, he is actively involved in virtually all aspects of intellectual property counseling. Jim started his career in the computer industry, and since transitioning

Jim DeCarlo is a Shareholder in Greenberg Traurig’s Intellectual Property and Technology Practice. A registered patent attorney and electrical engineer, he is actively involved in virtually all aspects of intellectual property counseling. Jim started his career in the computer industry, and since transitioning to law has spent over 25 years litigating, licensing and procuring patents in the software, hardware, internet and networking spaces, among many others. Jim’s experience includes litigating patent matters in District Courts around the country, handling matters before the PTAB, counseling clients on the strategic use and management of intellectual property assets, and drafting infringement, validity and freedom to operate opinions.

He also counsels clients on the drafting and negotiating of complex technology agreements and directs the prosecution of patent applications in areas such as networking, artificial intelligence, cloud computing, virtual and augmented reality, IoT, streaming media, electronic commerce, Internet search engines, search advertising, client/server systems, mobile and land based telecommunications, and computer software and hardware.

Photo of Samuel S. Stone Samuel S. Stone

Sam Stone focuses his practice on creating and implementing strategies to develop and enforce intellectual property portfolios. His patent counseling and portfolio development practice includes both domestic and international patents and opinion work on the topics of patentability, clearance, validity, and infringement. Sam’s…

Sam Stone focuses his practice on creating and implementing strategies to develop and enforce intellectual property portfolios. His patent counseling and portfolio development practice includes both domestic and international patents and opinion work on the topics of patentability, clearance, validity, and infringement. Sam’s patents have survived dozens of PTAB invalidity challenges, and have been licensed by some of the largest software and technology companies in the world. Sam also assists clients with IP due diligence in investment transactions, mergers and acquisitions, and initial public offerings (IPOs).

Sam counsels software and electronics companies operating in many industries, including autonomous vehicles and industrial automation, automated machine learning (AutoML), cybersecurity, biosensors, and high-performance computing. In addition, Sam advises technology and life science companies on strategies for protecting their investments in data science, artificial intelligence (AI), and machine learning (ML) in domains such as drug discovery, medical devices, medical imaging, agricultural technology, biomanufacturing, biological systems modeling, and ‘omics’ technologies.