US Patent Trial and Appeal Board (PTAB) institution denials for inter partes review (“IPR”) and other post-grant review petitions have steadily risen from 13 percent in 2012 to 44 percent in 2020. In 2020, the institution...more
Examiner interviews are often indispensable to advance prosecution of a U.S. patent application, and interviews can help advance prosecution in the vast majority of applications. The Midwest Regional U.S. Patent and Trademark...more
Patent protection in China has been a hot topic of discussion and strategy for U.S. companies. The U.S. Patent and Trademark Office (USPTO) China team within the USPTO's Office of Policy and International Affairs is a...more
How does an important U.S. government agency modernize its operations, especially during a global health crisis? What IT modernization approach can U.S. patent and trademark practitioners expect from the United States Patent...more
8/31/2020
/ Chief Information Officers (CIO) ,
Coronavirus/COVID-19 ,
Examiners ,
Information Technology ,
Modernization ,
Patent Applications ,
Patent Prosecution ,
Patents ,
Trademark Examination ,
Trademarks ,
USPTO
In a recent decision from the Second Circuit, Judges Parker, Chin, and Carney side-stepped a novel question: whether human skin can be the kind of "tangible medium of expression" required for copyright protection. Instead,...more
6/23/2020
/ Artistic Works ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Copyrightable Subject Matter ,
Dismissals ,
Misappropriation ,
Preemption ,
Section 102 ,
State Law Claims ,
Tattoos ,
The Copyright Act ,
Unfair Competition ,
Unjust Enrichment
As noted in our previous post, the U.S. Patent and Trademark Office (USPTO) published a request for comments for a list of questions regarding Artificial Intelligence (AI) Patent Issues in the Federal Register on August 21,...more
Artificial Intelligence (AI) is increasingly becoming important across a diverse spectrum of technologies and businesses. As AI grows in importance in business and technology, so too grows the number of patent applications...more
Patent practitioners, inventors, in-house counsel, and patent examiners alike have been clamoring for more guidance on computer-implemented functional claim limitations invoking § 112(f) since the Federal Circuit’s en banc...more
On July 20, 2017, the United States Court of Appeals for the Federal Circuit in In re OptumInsight denied OptumInsight’s petition for writ of mandamus on privilege waiver. The court held that the District Court for the...more
8/16/2017
/ Antitrust Violations ,
Appeals ,
Attorney-Client Privilege ,
Discovery ,
Federal Rules of Evidence ,
Mergers ,
Patent Infringement ,
Patent Prosecution ,
Patent Re-Examination ,
Patents ,
Privilege Waivers ,
USPTO ,
Voluntary Disclosure ,
Writ of Mandamus