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Federal Circuit Reversal in Assignment Clause Case Highlights Importance of Contract Language in Intellectual Property Ownership

In a split opinion issued Tuesday, and based on language in an assignment clause of a contract, the Federal Circuit overturned a district court's summary judgment that Core Optical lacked standing to sue Nokia, Cisco, and...more

For All Patent/Trademark Practitioners: USPTO Provides Guidance for Use of AI in Preparing USPTO Submissions

The USPTO expounds a clear message for patent and trademark attorneys, patent agents, and inventors: use of artificial intelligence (AI), including generative AI, in patent and trademark activities and filings before the...more

USPTO Addresses Ambiguities in Means-Plus-Function, Step-Plus-Function Claims

United States Patent and Trademark Office (USPTO) officials recently reiterated to all patent examiners that they must provide clear, consistent analysis regarding means-plus-function and step-plus-function limitations. ...more

New USPTO Obviousness Guidelines Seek to Refine Examiner Evaluations Likely Making Path to Patent Grant More Difficult and...

On February 27, the United States Patent and Trademark Office (USPTO) released new guidance aimed at enhancing the methodology used to assess the obviousness of patent applications. The updated USPTO guidance emphasizes the...more

USPTO AI Guidance: Human vs. Machine - Humans Win...For Now

On February 13, 2024, the USPTO published a Federal Register notice on Inventorship Guidance for Artificial Intelligence (AI)-assisted Inventions ("Guidance") in response to President Biden’s October 2023 Executive Order on...more

Patent Practitioners Take Note: (Even) if You Use AI, Read Before You File

On February 6, 2024, the USPTO weighed in with guidance for practitioners using—or considering using—AI in preparing submissions to the USPTO. In essence, Director Kathi Vidal has reminded practitioners that they must sign...more

USPTO Launches Semiconductor Technology Pilot Program to Expedite Patent Examinations and Support the CHIPS Act

The US Patent and Trademark Office (USPTO) launched the Semiconductor Technology Pilot Program on December 1, 2023 for patent applications for processes or apparatuses for manufacturing semiconductor devices. Applications...more

Supreme Court Focuses Scope of Patent Enablement - What Patent Owners Need to Know

A closely watched and hotly debated life sciences patent dispute saw the U.S. Supreme Court affirm a narrow interpretation of patent enablement when filing for patent protection....more

Green Innovation Being Fast Tracked by USPTO

The USPTO now fast tracks applications involving greenhouse gas reduction technologies. The new Climate Change Mitigation Pilot Program targets impact on the climate by accelerating examination of patent applications for...more

USPTO Makes the Patent “Fast-Track” Faster

The Patent Trial and Appeal Board (PTAB) is now accepting petitions for expedited resolution of ex parte appeals. Launched last week, the “Fast-Track Appeals Pilot Program” aims to decide the average patent appeal within six...more

Walking the Jurisdictional Line: Cashing in on Federal Jurisdiction in Patent Licensing Disputes

Johnny Cash’s famous “I Walk the Line” song draws a line emphasizing how difficult it can be to stay faithful with temptations “on the road” as the singer travels on tour. Similarly, patent license drafters and litigators can...more

Ostriches Beware: Hiding Head in the Sand Causes Willful Blindness in Patent Infringement

It is often said that “ignorance of the law is no excuse.” The same basic principle applies to patent infringement—as a defendant in a Texas patent case recently discovered, much to its chagrin. The US District for the...more

State Sovereignty 101: State Universities Not Immune to IPR Proceedings

School may be out for the summer, but public colleges and universities would do well to spend their break shoring up strategies and defenses against potential inter partes review (“IPR”) proceedings. Last week the Federal...more

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