Welcome! Strafford is now BARBRI! The expert courses you know from the trusted global leader in legal education.
Description
On Apr. 18, 2025, in Recentive Analytics Inc. v. Fox Corp. et al., the Federal Circuit struck down patents that claim machine learning for failing to recite patent eligible subject matter. This is the Federal Circuit's first time encountering AI in a 35 U.S.C. § 101 inquiry, ruling on "whether claims that do no more than apply established methods of machine learning to a new data environment are patent eligible." The Federal Circuit held "they are not."
Recentive Analytics follows the Electric Power Group line of cases, which holds that collecting information, analyzing it, and displaying it is an abstract idea. These three steps are performed in many AI systems, including machine learning, and thus, Electric Power Group and its progeny (including Recentive Analytics) pose a threat to AI systems.
Patent counsel should carefully consider the lessons from the Recentive decision as well as the entire Electric Power Group line of cases. What and how can the applicant do more and demonstrate the patent eligibility of AI, including machine learning?
Listen as our authoritative panel of patent attorneys addresses the Federal Circuit's Recentive decision, the Electric Power Group line of cases, and the lessons that can be learned. The panel will offer best practices for patent drafting strategies.
Presented By
Mr. Bahr specializes in all areas of patent practice. He previously served as the Deputy Commissioner for Patent Examination Policy at the USPTO. During his distinguished career at the USPTO, Mr. Bahr was involved in nearly all patent-related rulemaking since 1995. His involvement in patent rulemaking includes the changes to implement the American Inventors Protection Act of 1999 and the Leahy-Smith America Invents Act. Mr. Bahr provided administrative oversight and direction for the activities of the Office of Petitions, Office of Patent Legal Administration, Office of Patent Quality Assurance, Central Reexamination Unit, and Manual of Patent Examining Procedure staff during his tenure at the USPTO.
Mr. Kiklis leverages his 30 years of experience to represent clients in his areas of focus: trials at the PTAB and patent litigation. He has been involved in 100 PTAB trials. He also handles appeals to the Federal Circuit from his cases, having now been involved in over 20 appeals. He both enforces and defends the intellectual property rights of his clients and is often called upon to handle cases worth more than $100 million. Mr. Kiklis brings an in-depth understanding of the business and IP needs of his technology clients, which he developed from years of experience in virtually every kind of patent matter, from cross-licensing and due diligence to bet-the-company PTAB trials and patent litigation. He has an extensive background in computer science based on his six years of experience as a software developer at some of the computer industry’s leading companies. Mr. Kiklis provides significant and influential thought leadership as a frequent speaker and author on patent law, including patentable subject matter and PTAB trials. He is also the author of The Supreme Court on Patent Law, an 800-page treatise devoted to the Supreme Court’s patent law jurisprudence.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Live Online
On Demand
Date + Time
- event
Thursday, May 29, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
I. The patent eligibility of AI inventions
II. Electric Power Group line of cases
III. Recentive Analytics Inc. v. Fox Corp. (Fed. Cir. Apr. 18, 2025), including Federal Circuit reasoning and guidance
IV. Standards for eligibility
V. USPTO guidance
VI. Patent drafting strategies
Benefits
The panel will review these and other relevant issues:
- What lessons does the Recentive decision teach as to the patentability of machine learning claims?
- What is the appropriate way to claim machine learning inventions?
- What steps should patent counsel take to meet patent eligibility requirements?
Unlimited access to premium CLE courses:
- Annual access
- Available live and on-demand
- Best for attorneys and legal professionals
Unlimited access to premium CPE courses.:
- Annual access
- Available live and on-demand
- Best for CPAs and tax professionals
Unlimited access to premium CLE, CPE, Professional Skills and Practice-Ready courses.:
- Annual access
- Available live and on-demand
- Best for legal, accounting, and tax professionals
Unlimited access to Professional Skills and Practice-Ready courses:
- Annual access
- Available on-demand
- Best for new attorneys
Related Courses
Discretionary Denials in IPRs: New Framework, Navigating the Evolving Landscape, Strategies for Survival
Thursday, November 20, 2025
1:00 p.m. ET./10:00 a.m. PT
Terminating Patent Licenses: Key Considerations and Best Practices
Available On-Demand