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Patent Act › Statutory Interpretation › Intellectual Property Protection

Morgan Lewis

District Courts Deepen Divide Over Design Patent Profit Disgorgement for Section 289 Damages

Morgan Lewis on

Federal courts continue to grapple with whether profit disgorgement for design patent infringement is a legal remedy for juries or an equitable remedy for judges, an issue the US Court of Appeals for the Federal Circuit has...more

Miller Canfield

Canadian Courts Send Clear Message: Protecting Patents Isn’t Passive

Miller Canfield on

A recent decision from the Canadian Federal Court of Appeal (FCA) underscores the importance of implementing multi-layered patent docketing systems to prevent the loss of rights due to unpaid maintenance fees. ...more

Stikeman Elliott LLP

Left on the Sidelines: The Canadian Patent Appeal Board Rules that Artificial Intelligence Cannot Hold Inventorship Status

Stikeman Elliott LLP on

Whether AI can be an “inventor” was the key issue in an important recent ruling of the Canadian Patent Appeal Board (the “PAB”). In Thaler, Stephen L. (Re), 2025 CACP 8, the PAB had to decide whether Canadian Patent...more

Proskauer - The Patent Playbook

Update on Artificial Intelligence: USPTO Urges Federal Circuit to Affirm Decision That AI Cannot Qualify as an “Inventor”

Proskauer - The Patent Playbook on

In three previous blog posts, we have discussed recent inventorship issues surrounding Artificial Intelligence (“AI”) and its implications for life sciences innovations – focusing specifically on scientist Stephen Thaler’s...more

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