News & Analysis as of September 19, 2024

Patent-Eligible Subject Matter › Trade Secrets

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Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes. less -

Should I Patent My Trade Secret?

Dunlap Bennett & Ludwig PLLC on 5/17/2024

If your business is keeping a valuable secret, you may be trying to figure out the best way to protect it. The question may turn on whether your secret is something like the secret Coke formula or a groundbreaking technology...more

[Webinar] 2024 IP Outlook: Trends Affecting Patent, Trademark, Copyright and Trade Secret Holders - December 12th, 1:00 pm - 2:00...

McDermott Will & Emery on 12/6/2023

As 2023 draws to a close, new developments continue to emerge across the patent, trademark, copyright and trade secret spaces. Join members of McDermott’s Intellectual Property Group for a year-end review that will explore...more

Patent Claiming Mapping Gemstones to Blockchain Invalid Under Section 101

Holland & Knight LLP on 4/28/2022

In a recent case decided by the U.S. District Court for the Southern District of New York, the plaintiff, Max Rady, alleged that he developed a method to "record to a blockchain the individual identification signatures of...more

Court Decision Means that Antibody Patenting Is Not Getting Easier

Bradley Arant Boult Cummings LLP on 6/29/2021

Patenting antibodies has long been challenging. Although most inventions can be patented based on their functionality, assuming the functionality is new and non-obvious, for antibodies and other biomolecules there is a higher...more

Intellectual Property Bulletin - Winter 2021

Fenwick & West LLP on 2/24/2021

Written Description of Therapeutic Efficacy - In two 2019 rulings, the Federal Circuit invoked the “written description requirement” of 35 U.S.C. § 112 to require evidentiary support for therapeutic efficacy. Now that the...more

Protecting AI Innovations Through Trade Secrets and Patent Protection

Jones Day on 2/18/2021

AI is becoming ubiquitous across all industries. AI systems and services are embedded in everyday products and services, including Amazon's Alexa, Netflix streaming services, and Nest smart thermostats. AI systems are also...more

IP Basics for Start-Ups and Small Enterprises: What Growing Companies Need to Know About Respecting, Acquiring, and Enforcing...

Womble Bond Dickinson on 12/1/2020

This article is based on a presentation made at the Association of Corporate Counsel’s 2020 Annual Meeting. Creighton Frommer, Chief IP, Technology & Procurement Counsel at RELX, and Melissa Fruge, Chief Legal Officer at...more

Intellectual Property Bulletin - Summer 2020

Fenwick & West LLP on 8/5/2020

In This Issue - Inventorship, Patenting and AI: The Public Comments on Patenting Artificial Intelligence Inventions - Interest in artificial intelligence has become so keen that questions previously found only in works...more

Hidden Layers Between AI & Patent Policy: Global Patent Office Policy Considerations and Perspectives

Foley & Lardner LLP on 4/9/2020

With the ever increasing adoption of AI technology, no industry will unlikely be left untouched by Artificial Intelligence in the coming years. The worldwide spending on AI systems is estimated to increase as much as 100...more

The 2020 Intellectual Property Year in "Preview" Article* - *Also Known as “I’ll Be Right, Sooner Or Later”

Vedder Price on 12/30/2019

You could make a good argument that courage is a mistake of evolution. We’d all be better off just running away from a hungry saber-toothed tiger. (Those things were huge! And have you seen their teeth?!) But, at some point,...more

When Innovation Creates: Additional Developments in Artificial Intelligence at the U.S. Patent and Trademark Office

Jones Day on 11/26/2019

The Situation: Advances in artificial intelligence ("AI") are providing the ability to automatically create and design innovations without human assistance. AI's impact on patent, copyright, trademark, trade secret, and other...more

Automotive Market Intelligence

Foley & Lardner LLP on 7/9/2019

The pace of innovation in the electric, autonomous, and connected vehicle space is staggering. These innovations relate to advanced sensors, radar and LiDAR, geolocation, artificial intelligence algorithms,...more

NGE IP Focus: Manufacturing

Neal, Gerber & Eisenberg LLP on 5/16/2019

In this issue, we focus on the manufacturing industry, highlighting some recent legal decisions that illustrate the depth and breadth of legal issues encountered in the field. As these cases will show, automation creates...more

Patent Law Update for Medical Device Companies 2018 (Presentation)

Knobbe Martens on 12/5/2018

Knobbe Martens Partners Paul Conover, Irfan Lateef, and Curtis Huffmire presented "Patent Law Update for Medical Device Companies 2018" at the MedTech Innovation Summit in San Francisco, CA on November 28, 2018. This session...more

Internet of Things Part 3: How Your Smart Toothbrush Is An Idea Worth Protecting

Jackson Walker on 9/21/2018

Let’s set the scene: My new company develops a smart toothbrush from the ground up. It brushes your teeth, provides you with real-time information about your dental health while you brush, and even provides targeted...more

Intellectual Property Bulletin - Spring 2018

Fenwick & West LLP on 4/6/2018

Bitcoin is often portrayed as an untraceable method of payment that facilitates illicit activities by enabling criminals to make and receive payments without being tracked. This depiction implies that users transacting in...more

Protecting Artificial Intelligence IP: Patents, Trade Secrets, or Copyrights?

Jones Day on 1/12/2018

The Situation: Artificial intelligence ("AI") technology is exploding across virtually all industries. Technology companies are innovating at warp speed, and even companies that do not principally identify as "technology...more

Intellectual Property Bulletin - Fall 2017

Fenwick & West LLP on 11/7/2017

In the Winter 2017 edition of the Intellectual Property Bulletin, we reported on IP-related changes expected with the incoming Trump administration and the new Congress. Here we look at two such changes currently underway:...more

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Schwabe, Williamson & Wyatt PC on 10/23/2017

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Misappropriation Versus the Copyright Act: Round 2 in the Fifth Circuit

Orrick - Trade Secrets Group on 2/10/2017

A few months ago, Trade Secrets Watch covered the GlobeRanger Corp. case in which the Fifth Circuit joined 10 other circuits in determining that the Copyright Act does not preempt state trade secret misappropriation claims....more

Year in Review: The Most Popular Blog Posts of 2016

Mintz - Intellectual Property Viewpoints on 1/9/2017

As 2017 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2016. According to the many readers of Global IP Matters, hot topics included navigating...more

Intellectual Property Bulletin - Fall 2016

Fenwick & West LLP on 11/17/2016

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

REDUCING RISKS: Court Finds Copyright Act Does Not Preempt State Trade Secret Claim

Orrick - Trade Secrets Group on 9/23/2016

Over the years, it has proven difficult to fit software in any one category of IP protection. And while software’s ability to seemingly transcend patents, copyright, and trade secrets provides software developers and...more

Introduction to IP: Some Basics of Patents, Trademarks, & Trade Secrets

Knobbe Martens on 8/3/2016

What is “Intellectual Property” (IP)? •Exclusive Rights to Certain Intellectual Products (Ideas) –Necessary due to the “non-rivalrous” nature of ideas: •“He who receives an idea from me, receives instruction...more

Seeking Shelter From the Patent Eligibility Storm: Does the DTSA Provide Sanctuary?

Troutman Pepper on 6/10/2016

For many charged with the development of intellectual property portfolios in the life sciences and software industries, navigating the stormy waters of patent eligibility has recently proven difficult. U.S. Supreme Court and...more

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Patent-Eligible Subject Matter › Trade Secrets

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