As directed by President Biden’s Executive Order (EO) on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the AI EO), the United States Patent and Trademark Office (USPTO) released its...more
2/26/2024
/ Artificial Intelligence ,
Biden Administration ,
Copyright ,
Executive Orders ,
Innovation Patent ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Act ,
Patent-Eligible Subject Matter ,
Patents ,
USPTO
Summary -
Last year the World Intellectual Property Organization (WIPO), under a threat of a vote, accelerated negotiations on an international legal instrument related to intellectual property (IP) and genetic resources...more
10/31/2023
/ Biotechnology ,
Comment Period ,
Deadlines ,
Genetic Materials ,
Intellectual Property Protection ,
International Harmonization ,
Life Sciences ,
Patent Law Treaty ,
Patents ,
Pharmaceutical Industry ,
USPTO ,
WIPO
Key Points -
On August 5, 2022, the Federal Circuit held in Thaler v. Vidal that the term “inventor” under the United States Patent Act must be a human being.
This ruling precludes patent protection for inventions...more
Disputes as to the licensing of standard-essential patents (SEP) and determination of fair, reasonable and non-discriminatory (FRAND) terms are typically resolved through either negotiation or litigation in national courts....more
In this episode, Akin Gump intellectual property partners Cono Carrano and David Vondle discuss IP disputes at the U.S. International Trade Commission.
Among the topics covered:
- What is Section 337 and what does it mean...more
7/16/2020
/ China ,
Complaint Procedures ,
Coronavirus/COVID-19 ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Standard Essential Patents
- On June 22, 2020, the ITC issued a notice extending its COVID-19 Action Plan.
- The ITC entered Phase One of its three-phase plan to reopen to the public.
- The ITC ordered the ITC’s Administrative Law Judges to...more
6/23/2020
/ Administrative Law Judge (ALJ) ,
Coronavirus/COVID-19 ,
Court Schedules ,
Electronic Filing ,
Infectious Diseases ,
International Trade Commission (ITC) ,
Patents ,
Re-Opening Guidelines ,
Remote Proceedings ,
Rules of Practice ,
Section 337
- On April 7, 2020, the ITC overturned a Final ID issued by Chief ALJ Charles E. Bullock. The Final ID found infringement of a SEP by the Respondents’ accused products and recommended the ITC issue the remedy of an exclusion...more
- The CARES Act grants the Director of the USPTO temporary authority to “toll, waive, adjust, or modify” statutory deadlines under the Title 35 of the United States Code governing patent law.
- In a Notice published on...more
• The International Trade Commission (ITC) can decline to institute an investigation when a complaint fails to state a cognizable claim under Section 337 of the Tariff Act, 19 U.S.C. § 1337 (“Section 337”).
• A decision...more
5/7/2019
/ Antitrust Investigations ,
Appellate Jurisdiction ,
Competition ,
Dietary Supplements ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Final Determinations ,
Food and Drug Administration (FDA) ,
International Trade Commission (ITC) ,
Jurisdiction ,
Lanham Act ,
Patents ,
Pharmaceutical Industry ,
Section 337 ,
Writ of Mandamus
FEDERAL CIRCUIT CASES -
FRCP 19(a) Cannot Be Used to Involuntarily Join an Unwilling Patent Co-Owner to Infringement Litigation:
On June 6, 2014, the Federal Circuit affirmed a decision by the District of New...more
Federal Circuit Upholds Award of Sanctions for a “Frivolous” Patent Lawsuit -
On June 5, 2014, the Federal Circuit affirmed the Southern District of New York’s decision to sanction Appellant and its attorneys for...more
6/9/2014
/ Claim Construction ,
Exceptional Case ,
Frivolous Lawsuits ,
Inter Partes Review (IPR) Proceeding ,
Litigation Strategies ,
Octane Fitness v. ICON ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Sanctions
FEDERAL CIRCUIT CASES -
Newsgroup Post Held to be A Printed Publication and Anticipatory Prior Art -
On May 27, 2014, the Federal Circuit affirmed a decision granting summary judgment of invalidity by the...more
6/2/2014
/ America Invents Act ,
Attorney's Fees ,
Exceptional Case ,
Expert Testimony ,
Highmark ,
Highmark v. Allcare ,
Inter Partes Review (IPR) Proceeding ,
Message Boards ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Prior Art ,
SCOTUS ,
Social Networks ,
USPTO