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Crowell & Moring LLP
On April 10, 2024, the U.S. House of Representatives, Judiciary Committee Subcommittee on Intellectual Property convened Part III to an ongoing discussion and exploration of artificial intelligence...
Wolf, Greenfield & Sacks, P.C.
Use of AI-based tools are permitted, but parties should use caution to ensure compliance with all duties and obligations...
Jones Day
In denying inter partes review in OBM, Inc. & Cholla Energy LLC v. Lancium LLC, the PTAB again made clear that "technical availability" of a reference is not enough to establish ...
Axinn Veltrop & Harkrider
Among the most established standards in patent law is that obviousness requires a motivation to combine the prior art with "a reasonable expectation of success."
Osha Bergman Watanabe & Burton LLP
On February 13, 2024, the USPTO published its much-anticipated guidance on inventorship for AI-assisted inventions with immediate effect.
Foley & Lardner
Arecent report from patent data powerhouse RPX Corp. shows that inter partes review (IPR) filings have increased significantly over the last three quarters, pointing to increased litigation over the last year...
Oblon, McClelland, Maier & Neustadt, L.L.P
Effective March 29, 2024, the U.S. Patent and Trademark Office (USPTO) issued a final rule to revise 37 C.F.R. §§ 90.2, 90.3, and 2.145 by updating how the following documents are to be filed with the USPTO Director...
Harness IP
We've all seen it. Patent attorneys love making up words. For example, instead of claiming a pipe, a hose, or a tube, we draft patent claims reciting "a fluid delivery system" or "a fluid conduit."
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
If a US patent maintenance fee has not been paid in a timely manner and the owner of the patent wants to get the patent rights reinstated...
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The First-Time Filer Expedited Examination Pilot Program, implemented by the U.S. Patent and Trademark Office (USPTO) and its Council for Inclusive Innovation (CI2)...
Goodwin Procter LLP
On April 5, the FDA granted accelerated approval to AstraZeneca and Daiichi Sankyo's ENHERTU (trastuzumab deruxtecan) for adult patients with unresectable or metastatic HER2-positive (IHC3+) solid tumors who have received prior systemic treatment and have no satisfactory alternative treatment options.
Jones Day
Director Vidal recently vacated the Patent Trial and Appeal Board's (PTAB) decision to deny institution of three petitions for inter partes review (IPR), citing insufficient explanation...
Sheppard Mullin Richter & Hampton
This case addresses whether the district court's grant of summary judgment was proper based on the district court's finding that the asserted claims of U.S. Patent No. 8,197,807 ("the '807 patent") were invalid under 35 U.S.C. § 101 for being directed to a natural phenomenon.
Goodwin Procter LLP
On April 1, 2024, the Federal Circuit released its opinion in Janssen Pharmaceuticals, Inc. et al v. Teva Pharmaceuticals USA, Inc. et al., affirming the district court's finding that certain claims were not indefinite and remanding to the district court to reevaluate its obviousness decision.
Axinn Veltrop & Harkrider
Much like secondary considerations, non-infringing alternatives fit imperfectly within many scheduling orders. The patentee has the burden of proof on damages...
NovoTech Patent Firm
Under 35 U.S.C. § 287, often referred to as the patent marking statute, there exists a critical framework for patent owners in the United States regarding the marking of patented products.
Arnold & Porter
11. COVID-19 and Life Sciences, the US government has used a wide variety of public procurement and funding strategies for needed medical countermeasures during the pandemic.
Goodwin Procter LLP
The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This periodic digest is designed to keep you up-to-date by highlighting...
Foley & Lardner
The new fee proposals from the U.S. Patent & Trademark Office have one thing in common: encouraging applicants to have quick examinations and avoiding strategies...
Foley & Lardner
The USPTO has taken another step toward implementing fee adjustments in January 2025, by publishing a Notice of Proposed Rulemaking (RPRM) on April 3, 2024.
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