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Claim Construction: The Difference Between Using “The” and “A”

Patent attorneys regularly use indefinite articles (i.e., “a” or “an”) in claim drafting to introduce patent limitations. In Apple Inc. v. Corephotonics, Ltd., however, the Federal Circuit made a ruling that may require...more

The Scope of Eligibility

Following the Supreme Court’s Alice Corp. Pty. v. CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion practice. In Hantz Software, LLC v. Sage...more

Federal Circuit Hears Case on Whether an AI-Generated Invention Is Patentable

On June 6, the U.S. Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications - As described in a...more

Courts Rule That AI Inventorship Can Rust in Peace

On Sept. 2, 2021, the U.S. District Court for the Eastern District of Virginia addressed what it called a “core issue”—whether an artificial intelligence (AI) machine can be an “inventor” under the Patent Act. It ruled that...more

The Sun Has Set on CBM Review

Earlier this month, on September 16, 2020, the Transitional Program for Covered Business Method (CBM) Review expired. Enacted as part of the AIA and spanning eight years, CBM Review was promoted within Congress as a vehicle...more

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