Used properly, Open Source Software (OSS) is an excellent tool. It saves your business time and money, enables interoperability of product platforms, and developers love it. But used improperly, it can be financially and...more
Last week, the Federal Circuit issued a decision holding that parties can contractually bargain away their rights to file petitions for Inter Partes Review (“IPR”) at the Patent Trial and Appeals Board (“the Board”). This...more
We previously discussed which portions of an artificial intelligence/machine-learning (“AI/ML”) platform can be patented. Under what circumstances, however, is it best to keep at least a portion of the platform a trade...more
2/11/2022
/ Artificial Intelligence ,
Best Practices ,
Confidentiality Agreements ,
Data Security ,
Eligibility ,
Employee Training ,
Exclusivity ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Machine Learning ,
Non-Disclosure Agreement ,
Patent Marking ,
Patents ,
Reverse Engineering ,
Risk Factors ,
Risk Management ,
Trade Secrets
The U.S. International Trade Commission (the “ITC”), in an important new opinion, recently extended a series of final determinations that complainants had satisfied the “economic prong” of Section 337’s domestic injury...more
On January 3, 2022, Magistrate Judge Susan Hightower granted a defendant’s motion to exclude an expert’s damages theory for violating the entire market value rule, reminding plaintiffs everywhere to use caution when applying...more
In our first blog in this multi-part series, we explored key considerations for protecting artificial intelligence (“AI”) inventions in biotech and synthetic biology. In this part 2 of the series, we will examine some key...more
1/30/2020
/ Algorithms ,
Artificial Intelligence ,
Biotechnology ,
Computer-Related Inventions ,
Intellectual Property Protection ,
Life Sciences ,
Machine Learning ,
Patent Applications ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
USPTO
Artificial Intelligence (AI) inventions have aided development in nearly every industry, but perhaps none more so than synthetic biology. For synthetic biology researchers, AI has developed into a vital tool to create cutting...more
9/30/2019
/ Analytics ,
Artificial Intelligence ,
Biotechnology ,
Computer-Related Inventions ,
CRISPR ,
Drug Compounding ,
Intellectual Property Protection ,
Machine Learning ,
Patent Prosecution ,
Patents ,
Pharmaceutical Patents ,
Popular ,
Robotics ,
Software Patents ,
USPTO
The intersection of artificial intelligence (AI) and intellectual property invokes fascinating theoretical questions. For example, can a machine own an invention? Or be liable for the consequences of its actions? However,...more
6/11/2019
/ Artificial Intelligence ,
Computer-Related Inventions ,
Innovation ,
Intellectual Property Protection ,
Israel ,
Patent Applications ,
Patent-Eligible Subject Matter ,
Patents ,
Research and Development ,
Technology Sector ,
Venture Capital
There is a common misconception the domestic industry economic prong requirement is insurmountable and an unknowable factor in a patent infringement action at the International Trade Commission (“ITC” or “Commission”),...more
As anticipated, on December 12, 2018, the International Trade Commission (“ITC”) issued a notice to review the Final Initial Determination and Recommended Determination (“FID”) issued by Administrative Law Judge (“ALJ”)...more
12/17/2018
/ Administrative Law Judge (ALJ) ,
Apple ,
Competition ,
Exclusion Orders ,
Federal Trade Commission (FTC) ,
Imports ,
Infringement ,
Initial Determination (ID) ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Manufacturers ,
Monopolization ,
Patent Infringement ,
Qualcomm ,
Semiconductors
On November 1, 2018, the European Patent Office (“EPO”) issued new guidelines for the patentability of artificial intelligence (“AI”) and machine learning (“ML”) inventions which indicate that applications within this subject...more
11/8/2018
/ Artificial Intelligence ,
Computer-Related Inventions ,
Corporate Counsel ,
EU ,
European Patent Office ,
Intellectual Property Protection ,
New Guidance ,
Patent Applications ,
Patent Examinations ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Technology
A recent decision by the International Trade Commission (“ITC” or the “Commission”) held that pre-commercial or non-commercial items qualify as “articles” for purposes of section 337 investigations. The decision opens up the...more
New rules for patent cases in the Northern District of California will significantly affect litigation and settlement of cases in Silicon Valley’s backyard. Lawyers litigating cases in the district after the January 17, 2017...more
For the first time in 26 years, the FTC and DOJ (the “Agencies”) have issued proposed updates to the Antitrust Guidelines for the Licensing of Intellectual Property, last revised in 1995. The intervening quarter century...more