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Quarles & Brady LLP

New Federal Circuit Decision - Expect Getting AI/Machine Learning Patents Past 101 to Get Tougher

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The Federal Circuit recently issued a decision in Recentive Analytics, Inc. v. Fox Corp., invalidating the patent claims at issue as directed to ineligible subject matter under 35 U.S.C. § 101. In what it noted was a case of...more

Mintz - Intellectual Property Viewpoints

Understanding How to Patent Agentic AI Systems

Artificial intelligence is evolving beyond simple pattern recognition and content generation into autonomous decision-making. Agentic AI systems act independently—or with limited human supervision—to achieve specific...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: Federal Circuit Addresses Inventorship and Conversion Claim from Industry Summit

On January 13, in BearBox LLC v. Lancium LLC, the Federal Circuit addressed issues related to inventorship and state law conversion claims that stemmed from exchanges between two individuals, Mr. Storms and Mr. McNamara, at...more

Venable LLP

The First Biosimilar Disputes at the Unified Patent Court (UPC)

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As the era of biologics and biosimilar litigations heats up in the United States, Europe’s Unified Patent Court (UPC) is also taking center stage with the first two biosimilar disputes filed in March and April....more

McDonnell Boehnen Hulbert & Berghoff LLP

The Quest for an "Artificial Intelligence" Inventor

The United States Constitution provides the basis for patent laws; it says "Congress shall have power . . . to promote the progress of science and useful arts by securing for limited times to authors and inventors the...more

Smart & Biggar

Canadian Patent law 2022: A Year in Review

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2022 was an active year in Canadian patent law. Claim fees were introduced for the first time; changes were made to regulations providing remedies for excessive pricing of patented medicines; and a range of court decisions...more

Morgan Lewis

US Federal Circuit: Artificial Intelligence Machine Is Not an Inventor

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The US Court of Appeals for the Federal Circuit affirmed on August 5 that only a natural person—not an artificial intelligence system—can be an inventor....more

Kramer Levin Naftalis & Frankel LLP

Top Holders of Blockchain Patents

As we noted in our post last year on the state of blockchain patent litigation, thousands of blockchain-related patent applications are being filed in the U.S. Patent and Trademark Office. Continuing our analysis of the...more

A&O Shearman

New decisions in Europe and the US in CRISPR/Cas9 patent dispute

A&O Shearman on

CRISPR/Cas technology, also known as “genetic scissor”, is one of the most targeted and promising tools in gene technology. It allows targeted and extremely precise modification of the DNA in humans, animals, plants and...more

Proskauer - The Patent Playbook

Update on Artificial Intelligence as a Patent Inventor

Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues...more

Mintz - Intellectual Property Viewpoints

Year in Review: The Most Popular IP Posts of 2020

As 2021 begins and intellectual property (IP) strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2020. According to many readers, hot topics included Chinese...more

McDonnell Boehnen Hulbert & Berghoff LLP

An Analysis of a Failed Biosimilar Antitrust Class Action

On June 10th, Judge Manish S. Shah, U.S. District Court Judge for the Northern District of Illinois, dismissed (without prejudice) a class action lawsuit against AbbVie and AbbVie Biotechnology Ltd. by consumer groups, drug...more

American Conference Institute (ACI)

[Virtual Event] 18th Advanced Summit on Life Sciences Patents - August 5th - 6th, 9:00 am EDT

Perfect Your Patent Prosecution Strategies and Master the Patent Application Process in the U.S and Around the World. ACI’s 18th Global Summit on Life Sciences Patents virtual conference this August will provide practical...more

Kramer Levin Naftalis & Frankel LLP

The Whole Enchilada: The Necessity of Looking at Claims as a Whole to Determine Patent Eligibility

On Jan. 10, the Supreme Court will decide whether it will review the Federal Circuit's decisions in the Athena v. Mayo, HP Inc. v. Berkheimer and Hikma v. Vanda cases. The Solicitor General, at the invitation of the Supreme...more

Perkins Coie

Two Paths for Accelerating Patent Prosecution in China

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In recent years, with the increase in patent applications filed in China, the China National Intellectual Property Administration (CNIPA) has focused on expediting patent examinations to decrease the duration of the normal...more

Kilpatrick

Patenting Trends

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Patent activity provides an important signal that is helpful in identifying and forecasting industry trends including the development of new products and services. It can predict the future focus of individual competitors...more

Shook, Hardy & Bacon L.L.P.

Patent Troll Akoloutheo Sues Oracle in Latest Chapter of its Cloud Software and IoT Patent Litigation Campaign

In its latest filing in February 2019, non-practicing entity Akoloutheo, LLC has expanded its Eastern District of Texas patent litigation campaign to include Oracle. Akoloutheo accuses the Oracle Analytics Cloud, Oracle...more

Alston & Bird

Patent Case Summaries

Alston & Bird on

A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more

McDermott Will & Emery

Hard to Reverse Adverse PTAB Rulings Under Substantial Evidence Standard

McDermott Will & Emery on

Over a vigorous dissent, the US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB or Board) decision affirming rejection of all pending claims of a patent as being obvious, as supported...more

Dorsey & Whitney LLP

Using Design Patents to Claim Functional Elements???

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A recent opinion from the United States Court of Appeals for the Federal Circuit in Sport Dimension, Inc. v. The Coleman Co., No. 2015-1553, 7 (Fed. Cir. 2016), held that design patents can provide protection for ornamental...more

Foley & Lardner LLP

Incomplete Restriction Requirement Stops Clock For Patent Term Adjustment

Foley & Lardner LLP on

In Pfizer v. Lee, the Federal Circuit affirmed the decision of the U.S. District Court for the Eastern District of Virginia that upheld the USPTO’s Patent Term Adjustment (PTA) calculation that stopped the clock running...more

Foley & Lardner LLP

Nautilus Standard Sinks Dow Patents

Foley & Lardner LLP on

Dow Chemical Company (“Dow”) lost a ruling that competitor NOVA Chemical Corporation and NOVA Chemicals Inc. (collectively “NOVA”) infringed claims of two Dow patents when the Federal Circuit applied the U.S. Supreme Court’s...more

Foley Hoag LLP

A Fractured Federal Circuit Panel Interprets The Biosimilars Patent Resolution Procedures

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On July 21, the Federal Circuit interpreted the patent litigation procedures and requirements of the Biologics Price Competition and Innovation Act (BPCIA), including whether a company submitting an abbreviated BLA (“k...more

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