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Limits of Federal Circuit’s AI patent eligibility ruling put to test in US courts

By Melissa Ritti ( May 29, 2025, 19:13 GMT | Comment) -- Just over one month after the US Court of Appeals for the Federal Circuit declared “do it on AI” insufficient to transform an abstract idea into a patent-eligible application, their decision is being cited as dispositive by infringement defendants throughout the US. Citations to Recentive Analytics v. Fox Corp. as supplemental authority are up and at least two federal judges have called for briefing on the case, suggesting the Federal Circuit’s attempt at limiting their holding “only” to patents claiming the application of “generic machine learning to new data environments” may have fallen on deaf ears. That spells trouble for patentees in the AI space.A case of first impression is, by definition, one which breaks new legal ground — and so it makes sense that the recent decision in Recentive Analytics v. Fox Corp. is generating heightened interest from patent litigants....

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