Meeting the Needs of General Counsel: Beyond the Basics of Legal Advice - On Record PR
The Privacy Insider Podcast Episode 4: Don't Be Evil: In the Hot Seat of Data Privacy, Part 1
The Labor Law Insider - Collective Bargaining: Ins and Outs, Nuts and Bolts, Part I
Consumer Finance Monitor Podcast Episode: Universal Injunctions, Associational Standing, and Forum Shopping - Their Effects on Legal Challenges to Regulations
The Presumption of Innocence Podcast: Episode 41 - The Dynamics of Decision-Making: Psychology and the Criminal Justice System
The Evolving Relationships of In-House Counsel and Law Firms: On Record PR
Managing Social Media Risk
3 Key Takeaways | Corporate Perspectives on Intellectual Property
Episode 322 -- Checking in on Caremark Cases
Marketing Minute Video with NP Strategy: Incorporating Political Intelligence into Your PR Strategy
DE Talk | Diversity, Equity & Inclusion: Progress Amidst Opposition within Corporate, Political, & Social Spheres
Studying the Global Legal Market to Keep Businesses Ahead of the Curve: On Record PR
Ad Law Tool Kit Show – Episode 11 – State Attorney General Investigations
Compliance, Project Management, and Process Improvement
Hospital M&A Trends & Strategic Considerations for 2024
Law Firm ILN-telligence Podcast | Episode 82: Tamsin Kaplan | Davis Malm, United States
Inside the NBA with Suzanne Spellacy, General Counsel of the Minnesota Timberwolves, Minnesota Lynx and T-Wolves Gaming
The Power of Three: Maximizing Success with Law Firms, Corporate Counsel, and Legal Technology
Podcast - Deberes fiduciarios de los administradores
Podcast: California Employment News - Cases to Watch in Employment Law for 2023
The Consolidated Trial Practice Guide states that, “[t]o date, a substantial majority of patents have been challenged with a single petition.” Consolidated Trial Practice Guide (November 2019) at 59. However, “the Board...more
The recent Federal Circuit case of Celanese International Corp. v. International Trade Commission serves as a significant reminder of the importance of the on-sale bar in U.S. patent law....more
In patent litigation, expert witnesses play a crucial role in providing specialized knowledge to the court. In a recent case where Osseo Imaging LLC sued Planmeca USA Inc. for patent infringement, the Federal Circuit...more
Platinum Optics Tech. Inc. v. Viavi Solutions Inc., 2024 WL 3836107 (Fed. Cir. 2024) - On August 24, 2024, the United States Court of Appeals for the Federal Circuit (CAFC) dismissed an appeal for lack of standing after a...more
As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as...more
The hypothetical person with ordinary skill in the art will have a certain amount of requisite experience in the subject matter of the patent at the time of the invention of the patent....more
In 2019, Edwards Lifesciences Corporation sued Meril Life Sciences Pvt. Ltd. for patent infringement in the Northern District of California, with Fenwick representing Meril in the district court case and the recent appellate...more
Allergan USA v. MSN Laboratories Private Ltd., No. 2024-1061 (Fed. Cir. Aug. 13, 2024) - On August 13, 2024, the Federal Circuit reversed a district court’s decision that a patent was invalid for obviousness-type double...more
On August 13, 2024, the U.S. Court of Appeals for the Federal Circuit issued a welcomed decision to patentees in Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 24-1061 (Fed. Cir. 2024) clarifying the scope of...more
In Voice Tech Corp., v. Unified Patents, LLC 2022-2163 (Fed Cir. August 1, 2024), the case addresses whether failure to re-raise arguments in a request for rehearing before the Patent Trial and Appeals Board (“PTAB”) forfeits...more
This decision emphasizes the significance of broader public dissemination to meet the statutory requirement of “publicly disclosed” for purposes of exceptions to prior art under 35 U.S.C. § 102(b)(2)(B)....more
The U.S. Patent and Trademark Office (USPTO) has issued guidance regarding patent eligibility with respect to patenting artificial intelligence (AI) inventions. See an overview of the eligibility test applied by the USPTO....more
In ZyXEL, the petitioner unexpectedly received a second chance to argue against the patentability of the patentee’s substitute claims, even though the U.S. Patent Trial & Appeal Board (PTAB) had already found those claims...more
In a recent opinion, the Federal Circuit added several new wrinkles to amendment practice in inter partes review proceedings. The court affirmed the Patent Trial and Appeal Board’s determination that most of the original...more
The United States Patent and Trademark Office (USPTO) issued an important update to its guidance on patent subject matter eligibility under 35 U.S.C. § 101, specifically focusing on artificial intelligence (AI) and other...more
With remarkable speed, AI has evolved from an intriguing concept into a practical business tool that is drawing large investments and more regulatory oversight. The launch of generative AI (GenAI) tools in late 2022 helped...more
The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more
The USPTO has published updated patent eligibility guidance (effective July 17, 2024) for AI-related inventions to help determine subject matter eligibility under 35 § U.S.C. 101. This guidance is timely as roughly 20% of all...more
Kilpatrick partners Brian Axelrad, Jeff Hechtman, and Brenda Holmes recently presented to clients at the Kilpatrick Intellectual Property Seminar on the topic of “Corporate Perspectives on Intellectual Property.” They...more
In the precedential decision of Intellectual Tech LLC v. Zebra Techs. Corp., the U.S. Court of Appeals for the Federal Circuit reversed a ruling from the U.S. District Court for the Western District of Texas that dismissed a...more
As further guidance on how to determine whether a patent claim is directed to an ineligible abstract idea under the Alice Two-Step Test, the Federal Circuit issued a precedential opinion, Beteiro v. DraftKings, No. 2022-2275...more
Co-authored by Sam Cohen, Summer Associate 2024. On May 29, 2024, the Western District of Oklahoma in SIPCO, LLC v. JASCO Prods. Co. dismissed the plaintiff SIPCO’s patent infringement claims against defendant JASCO because...more
Damages experts in patent cases have a tough task. They must construct a hypothetical negotiation between the parties that would have taken place just before the alleged infringement started. And the goal of this hypothetical...more
The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified Patent...more
In a considerable shift in the law, the Federal Circuit has discarded the long-standing test for determining whether a design patent is invalid as obvious, in favor of the more flexible obviousness test historically applied...more