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Rescission of the Fintiv Guidance Memorandum, and What Comes Next

The U.S. Patent and Trade Office (PTO) on February 28, 2025, rescinded former PTO Director Kathi Vidal's June 21, 2022, memorandum (Memorandum) addressing discretionary denial of inter partes review (IPR) of patents that are...more

The Coming Shift from Patent to Trade Secret Protection for Generative AI Inventions

Generative artificial intelligence (AI) has the remarkable ability to develop novel solutions to problems, and patent law has historically protected those solutions. Under current statutes and jurisprudence, however, only...more

"For Use Under" Patent Marking: When a Claim Only Partially Covers the Product

The Patent Act requires patentees to mark their products with the numbers of any patents that cover that product. Put differently, if you produce a product that would infringe one of your patents, you must mark that product...more

Metaverse: Patent Infringement in Virtual Worlds

If patent holders want to exclude others from using their invention, then they need to keep an eye on the marketplace to spot infringers. Because the metaverse opens up a new, virtual and potentially endless space where...more

Commercializing Your Startup's Big Secret Without Losing Its Value

Congratulations! Your startup is developing a revolutionary product or service that has the potential to transform an industry. Whatever the nature of that new product or service, at its core is an innovation – perhaps an...more

Procedurally Generated Prior Art: A Closer Look

When defending a patent-infringement case, attorneys primarily focus on two avenues of defense. First, they argue that the accused product does not infringe the patent's claims. For example, the claim may require a hybrid car...more

Patent Invalidation Paves the Way for Automated Fare Collection Systems

Next generation automated fare collection systems (AFC) typically characterized by open architecture designs, open payment approaches, and contactless card readers, are being installed in an increasing number of public...more

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