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Insights derived from decisions across:
N.D. Cal.
In contract MSJs, Judge Donato emphasizes plain language but thoroughly analyzes context and relevant California law (e.g., Cal. Civ. Code § 1638). He expects parties not to 'sandbag' arguments and requires genuine disputes evidenced by more than attorney argument or conclusory declarations.
MSJ Grant Rate (Judge D - Contract)
35%
Ambiguity Found Rate (Judge D)
40%
Orders Citing Cal. Civ. Code §1638+
Frequent
Argus automatically identifies motion types, outcomes, and the critical factors driving the court's decision, saving hours of manual review.
Case: Oracle America, Inc. v. Hewlett Packard Enterprise Co. (9th Cir. (reviewing N.D. Cal.))
Motion: Appeal of Grant of Summary Judgment (Affirmed in Part, Reversed in Part on 2020-08-20)
The Ninth Circuit affirmed the district court's summary judgment for HPE regarding copyright and IIPEA claims barred by the statute of limitations, finding Oracle had constructive knowledge and failed to investigate timely. However, the panel reversed the summary judgment for HPE on the remaining copyright infringement claims. Key errors identified were the district court's failure to consider alleged infringing 'pre-installation conduct' (accessing/downloading patches via Terix) when interpreting Oracle's licenses for indirect infringement, and improperly granting summary judgment on direct infringement claims (HPE's own installations) where triable issues remained.
Factors Favoring Grant:
Factors Favoring Denial:
Go beyond summaries. Follow the exact logical path—legal standards, arguments considered, application to facts—with our Interactive Reasoning Chain.
Case: Oracle America, Inc. v. Hewlett Packard Enterprise Co. (9th Cir. (reviewing N.D. Cal.))
Motion: Appeal of Grant of Summary Judgment (Affirmed in Part, Reversed in Part)
Explore the logical structure of the court's decision. Select elements to view corresponding text passages.
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Research Memo for Judge: Hon. James Donato
On Topic: "AI inventorship and patent eligibility under Alice for Judge James Donato"
Judge Donato applies the Alice/Mayo framework for § 101 patent eligibility strictly, especially for software-related patents. Regarding AI, he would likely view claims skeptically if they merely automate abstract processes (like data analysis or task allocation) using AI without a specific, concrete technical improvement or inventive application. His focus is on whether claims are directed to an abstract idea (Step 1) and, if so, whether they contain an 'inventive concept' that is 'significantly more' than the idea itself (Step 2). Generic use of AI likely fails Step 2 under his analysis. On AI inventorship, Judge Donato is bound by current Federal Circuit precedent stating only natural persons can be inventors. Thus, AI cannot be named an inventor. The key issue for him would be the eligibility of inventions developed with AI assistance by human inventors, analyzed under his established rigorous Alice framework. Recent USPTO guidance reinforces that AI-assisted inventions are not categorically ineligible but require significant human contribution for inventorship and must meet the standard Alice eligibility criteria, focusing on practical application and technical improvement rather than just the abstract AI process. His recent decisions show his continued focus on whether claims offer a concrete improvement versus reciting abstract ideas implemented on generic hardware/software.
Judge Donato's rigorous § 101 analysis will likely continue for AI inventions. Expect scrutiny on whether the AI is merely a tool for an abstract task or part of a concrete technical solution that improves computer/system functionality. Claims must clearly articulate the inventive concept beyond the AI itself, supported by the specification. Human inventorship (requiring significant contribution per USPTO guidance) remains essential under current law. Purely AI-generated concepts without specific, human-directed application solving a technical problem face a high risk under his § 101 analysis.
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