Patent Considerations in View of the Nearshoring Trends to the Americas
4 Key Takeaways | Trade Secret Update 2024 Legal Developments and Trends
New Developments in Obviousness-Type Double Patenting and Original Patent Requirements — Patents: Post-Grant Podcast
3 Key Takeaways | Corporate Perspectives on Intellectual Property
3 Key Takeaways | What Corporate Counsel Need to Know About Patent Damages
5 Key Takeaways | Rolling with the Legal Punches: Resetting Patent Strategy to Address Changes in the Law
Meet Meaghan Luster: Patent Litigation Associate at Wolf Greenfield
Legal Alert: USPTO Proposes Major Change to Terminal Disclaimer Practice
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Artificial Intelligence Patents & Emerging Regulatory Laws
John Harmon on the Evolving Impact of Artificial Intelligence on Intellectual Property
Are Your Granted Patents in Danger of a Post-Grant Double Patenting Challenge?
Patent Litigation: How Low Can You Go?
Rob Sahr on the Administration’s Aggressive Approach to Bayh-Dole Compliance
The Briefing: The Patent Puzzle: USPTO's Guidelines for AI Inventions
The Briefing: The Patent Puzzle: USPTO's Guidelines for AI Inventions (Podcast)
4 Key Takeaways | Updates in Standard Essential Patent Licensing and Litigation
Behaving Badly: OpenSky v. VLSI and Sanctions at the PTAB — Patents: Post-Grant Podcast
Scott McKeown Discusses PTAB Trends and Growth of Wolf Greenfield’s Washington, DC Office
PODCAST: Williams Mullen's Trending Now: An IP Podcast - U.S. State Data Privacy Update
From Academia to the Marketplace: The Ins and Outs of University Spinout Licenses with Dan O’Korn
Inter partes reviews (IPRs) and post-grant reviews (PGRs) are proceedings in front of the Patent Trial and Appeal Board (PTAB) that allow a petitioner to challenge a patent’s validity and a patent owner to defend that...more
What Congress has guaranteed, the courts have taken away - The Supreme Court is about to receive a Petition for Certiorari in a case that impacts how long a patent protects new inventions, we expect. Specifically, the case...more
Dennis Crouch, famed Patently-O blogger, recently looked at several Section 101 decisions from the PTAB. In his first post, "Four Funerals: Recent 101 Decisions," Crouch analyzes four recent eligibility cases that involve...more
The Federal Circuit's In re Cellect decision has caused a great deal of commentary and proposals to avoid its consequences, including changing prosecution strategies and filing prospective, precautionary terminal disclaimers...more
Furniture manufacturer admits intentionally copying designs, asks Supreme Court, What does copying really say about trademark status of design? While offering a new design for sale without obtaining a patent often means...more
In this latest roundup, we look at some recent opinions from around the country, an interesting article discussing the constitutionality of the Patent Eligibility Restoration Act, "My Cousin Vinny" and more....more
The Supreme Court seemed, at least to a small degree, interested in evaluating the subject matter eligibility of diagnostic claims when it requested that the respondents (Natera Inc. and Eurofins Viracor Inc.) respond to a...more
On June 22, Senator Thom Tillis (R – NC) and Senator Chris Coons (D – DE) introduced the Patent Eligibility Restoration Act of 2023, which seeks to eliminate all judicial exceptions to patent eligibility. The bill proposes...more
In our roundup on April 28, we mentioned that the Solicitor General suggested that the U.S. Supreme Court grant cert in two pending patent eligibility cases: 1) Tropp v. Travel Sentry and 2) Interactive Wearables v. Polar...more
The Solicitor General, responding to a call from the Supreme Court for the government’s views, in April filed a brief directed to the proper legal standard for the “abstract idea” exception to patent eligibility under 35...more
"Hope springs eternal [in the human breast]" (Alexander Pope) and "Insanity is doing the same thing over and over and expecting different results" (the latter attributed variably to Albert Einstein and Werner Erhart) are two...more
Dr. Stephen Thaler, Ph.D., a computer scientist and inventor, has petitioned the Supreme Court of the United States to consider the question of whether the Patent Act restricts the definition of an "inventor" to human...more
Without any comments, the Supreme Court has denied Juno Therapeutics’ Petition for Rehearing, which requested that the Court hold the case in abeyance pending the resolution of Amgen Inc. v. Sanofi, Aventisub LLC....more
On November 4, the United States Supreme Court granted a petition for writ of certiorari to review the Federal Circuit’s decision in Amgen Inc., v. Sanofi. Certiorari was limited to the question of whether the enablement...more
Just days after agreeing to review the scope of the enablement requirement in Amgen Inc. v. Sanofi, Aventisub LLC, the Supreme Court denied Juno Therapeutics, Inc.’s (Juno) request to review the scope of the written...more
A medical device patentee has asked the U.S. Supreme Court to save his design patent, related to an introducer sheath handle, from invalidity based on application of the “on-sale” bar, which prohibits patenting an invention...more
I first wrote on American Axle back in 2019. Nearly three years and dozens of hits for "American Axle" on hklaw.com later, we'll finally get an answer to whether the U.S. Supreme Court will hear another Section 101 dispute....more
With the Supreme Court’s October 2021 Term winding down, we thought we’d check in on the cases from the Federal Circuit where the Supreme Court called for the views of the Solicitor General on whether to grant review (often...more
On March 16, 2022, the Court of Appeals for the Federal Circuit denied Biogen’s petition for en banc review in Biogen International GmbH et al. v. Mylan Pharmaceuticals Inc. ("Petition Denial"), in which a Federal Circuit...more
Mylan appealed from a Patent Trial and Appeal Board (Board) discretionary denial of institution of an inter partes review (IPR) proceeding. The Board declined to institute Mylan’s IPR under NHK-Fintiv, a multi-factor analysis...more
[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more
At the end of last month, three amicus curiae briefs were filed following the petition for a writ of certiorari in the Amgen, Inc. v. Sanofi, Inc. case. We previously discussed the petition for a writ of certiorari in detail...more
As Federal Circuitry readers likely know, the Supreme Court occasionally invites the Solicitor General to file a brief expressing the views of the United States in a case where the Court is considering granting certiorari....more
I have to give it to creative, resilient lawyers (and in fact, I have lauded them in the past). When the United States Supreme Court issued its decision in Allen v. Cooper, 140 S.Ct. 994 (2020), a decision holding that the...more
As we reported earlier this year, Amgen filed a petition for rehearing en banc to the Federal Circuit, arguing that the panel in Amgen v. Sanofi improperly created a new and heightened test for enablement of genus claims with...more