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The Preemption Doctrine: A Necessary Course Correction After Recentive v. Fox
2025-07-10 04:00 UTC by Patent Docs

By Manav Das -- The landscape of patent law for artificial intelligence (AI) and machine learning (ML) innovations has become fraught with uncertainty. The U.S. Court of Appeals for the Federal Circuit's precedential opinion in Recentive Analytics, Inc. v. Fox Corp.[1], issued on April 18, 2025, represents a watershed moment for the starkness with which it exposes the fundamental inadequacies of the current subject matter eligibility approach under 35 U.S.C. ยง 101. In its first opinion addressing the patent eligibility of ML technologies, the Court affirmed the invalidation of four patents, establishing a formidable and flawed precedent that threatens to...


 

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