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Inventors Patents Joint Inventors

Jones Day

Blurring the Line Between the Dry and Wet Lab: Joint Inventorship in AI-Assisted Life Science Inventions

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In 2024, not one but two Nobel Prizes (in Chemistry and Physics) were awarded to researchers for their work in artificial intelligence ("AI"). Particularly noteworthy for the life science community is the Nobel Prize in...more

Goodwin

Acuitas File Complaint Against Alnylam for Declaratory Judgment of Co-Inventorship of Lipid Particle Patents

Goodwin on

Acuitas Therapeutics Inc. (“Acuitas”) filed a complaint (1-24-cv-00816) on July 12 against Alnylam Pharmaceutical Inc. (“Alnylam”) in the U.S. District Court for the District of Delaware, alleging incorrect inventorship of...more

Strafford

[Webinar] Patent Inventorship: Best Practices for Determination and Correction - Distinguishing Between Inventor and Contributor;...

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This CLE course will guide patent counsel in identifying and determining inventorship and offer best practices for correcting errors regarding inventorship. Our experienced panel will provide perspectives gained from working...more

McDermott Will & Emery

Who Solved the Problem? Joint Inventors, That’s Who

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to correct inventorship in a post-issuance inventorship dispute, finding that the alleged joint inventors’ contributions were significant...more

Jones Day

USPTO Issues New Guidance for Inventions Assisted by Artificial Intelligence: Human Contribution Is Key

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The Background: In response to the Biden administration's "Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence" on October 30, 2023, the U.S. Patent and Trademark Office...more

Sheppard Mullin Richter & Hampton LLP

HIP Inc. v. Hormel Foods Corp. No. 2022-1696, _ F.4th ___ (Fed. Cir. May 2, 2023)

This case addresses the requirements necessary to establish a prima facie case to correct inventorship under 35 U.S.C. § 256. Background - Hormel Foods appealed the District Court’s ruling that David Howard should be...more

McDermott Will & Emery

Inventorship Hosed Clean: Contribution, Corroboration and Collaboration Prove Joint Invention

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a decision to correct inventorship, finding that the alleged joint inventor’s contribution to a claimed invention was significant and adequately corroborated by...more

Bradley Arant Boult Cummings LLP

Blue Gentian’s Efforts to Maintain Sole Inventorship Were Hosed by the Federal Circuit

Last week, the Federal Circuit issued another precedential decision on inventorship. However, unlike in HIP, Inc. v. Hormel Foods Corporation (22-1696) where the appellate panel found the purported inventor’s contribution to...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Contributions to Patented Cooking Method Not Meaty Enough for Joint Inventorship

The Federal Circuit has reversed the District of Delaware’s ruling that added an inventor to a patent. The Federal Circuit found that the contribution by the added inventor was not significant when measured against the...more

Woods Rogers

The Legal Ramifications of Inventorship: What You Need To Know

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There is the old adage in business: to go fast, go alone; and to go far, go together.  When this applies to innovation and naming co-inventors in your patent application, it is important to understand the legal ramification...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (May 15 – May 19): Joint Inventorship and Insignificant Contributions

This week’s bacon-related case of the week may lack a certain recognizable savory smell, but it still manages to pack some helpful insights on the law of joint inventorship. Case of the (recent) week: HIP, Inc. v. Hormel...more

WilmerHale

Federal Circuit Patent Watch: IPR petitioner not required to anticipate and raise analogous art arguments in petition

WilmerHale on

Precedential Federal Circuit Opinions - HIP, INC. v. HORMEL FOODS CORPORATION (2022-1696, 5/2/23) (Lourie, Clevenger, and Taranto) Lourie, J. The Court reversed the district court’s decision regarding joint...more

Irwin IP LLP

Federal Circuit Cooks District Court’s Decision to Add Bacon-Prep Inventor

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This week, the Federal Circuit reversed the United States District Court for the District of Delaware’s (“District Court”) decision to add David Howard as a joint inventor on Hormel Food Corporation’s (“Hormel”) U.S. Patent...more

Mintz - Intellectual Property Viewpoints

Making Bacon Still Requires a Significant Contribution for Joint Inventorship

Last week, in Hip, Inc. v. Hormel Foods Corporation, No. 2022-1696 (Fed. Cir. May 2, 2023), the Federal Circuit reversed Delaware District Chief Judge Colm F. Connolly’s decision to add an unnamed inventor onto a patent for...more

Bradley Arant Boult Cummings LLP

Bacon and a Heavy Burden: Significant Contribution Required To Be a Joint Inventor

Efforts by HIP, Inc. to have David Howard added as an inventor to Hormel’s U.S. Patent No. 9,980,498 (Bacon Patent) were recently scorched by the Federal Circuit. More specifically, in HIP, Inc. v. Hormel Foods Corporation...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Google LLC v. IPA Technologies Inc., 34 F.4th 1081...

Google petitioned for IPR of two patents owned by IPA. Each of the asserted grounds relied on the Martin reference. Martin lists as authors the two inventors of the challenged patents and a third person, Dr. Moran. During...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

McDonnell Boehnen Hulbert & Berghoff LLP

BASF Plant Science, LP v. Commonwealth Scientific and Industrial Research Organisation (Fed. Cir. 2022)

The consequences of joint development agreements, particularly under circumstances where later development is pursued independently by the parties, can create, inter alia, allegations of improper ownership and infringement if...more

Rothwell, Figg, Ernst & Manbeck, P.C.

IP Assignment Considerations for Emerging Companies

Founders of an emerging company must decide early on in its growth cycle whether to require employees to assign their inventions (including rights to patent and patent applications –collectively “patent rights”) to the...more

Bradley Arant Boult Cummings LLP

Drug Patent Invalid Due to Poor Quality Translation

In IBSA Institut Biochimique v. Teva Pharmaceuticals USA, Inc. a valuable lesson was learned about relying on a translation of a non-English patent application. The IBSA Institut Biochimique (IBSAIB) hired an Italian patent...more

Knobbe Martens

Publication Does Not Necessarily Defeat Joint Inventorship

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DANA-FARBER CANCER INSTITUTE v. ONO PHARMACEUTICAL CO., LTD. Before Newman, Lourie, and Stoll. Appeal from the U.S. District Court for the District of Massachusetts - Summary: An individual who contributes “significant...more

McDermott Will & Emery

No Parking: Source of Anticipating Disclosure Determines If It’s “of Another”

McDermott Will & Emery on

In a combined opinion, the US Court of Appeals for the Federal Circuit addressed appeals from district court grants of summary judgment over two patents, and an appeal from the Patent Trial and Appeal Board (PTAB) that one of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2019

PATENT CASE OF THE WEEK - Duncan Parking Techs., Inc. v. IPS Group, Inc. and IPS Group, Inc. v. Duncan Solutions, Inc. et al., Appeal Nos. 2018-1205, -1360 (Fed. Cir. January 31, 2019) - The Court this week provided a...more

Proskauer - New England IP Blog

Inventorship Claim in Disease Treatment Patent Dispute Survives Motion to Dismiss

Determining who qualifies as an inventor on a patent application requires careful attention to the facts surrounding each person’s contribution to conception of the invention, as embodied in the patent claims. In one recent...more

Knobbe Martens

Advanced Video Technologies LLC v. HTC Corporation Et Al.

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Federal Circuit Summaries - Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York. Summary: A co-inventor did not transfer ownership interests in a...more

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