In Managing Intellectual Property, Matt Rizzolo Discusses 2025 Midyear Top Patent Trends

In a Managing Intellectual Property article, IP litigation partner Matt Rizzolo discussed half-year key patent trends.

Matt noted several key patent rulings from the Court of Appeals for the Federal Circuit including Lashify v. ITC, where the court found that the U.S. International Trade Commission (ITC) applied a legally incorrect understanding of the test for the economic prong of the domestic industry requirement. The ruling overturned the ITC’s practice of excluding expenses related to sales, marketing, warehousing and distribution from its analysis of the economic prong. The ITC has filed a petition for en banc review but is currently applying the decision.

In Recentive Analytics v. Fox Corporation, the Federal Circuit affirmed a lower court’s decision that Recentive’s machine learning patents were ineligible under Section 101. Matt notes that many AI-related patents could be at risk under the test for Section 101. The case is being appealed to the full Federal Circuit.