News & Analysis as of

Patent Litigation Technology Sector

A&O Shearman

Patent litigation defendants beware: RESTORE Patent Rights Act

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Are injunctions back as a matter of law in all patent cases? The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 aims to address a growing concern in...more

AEON Law

Patent Poetry: Harvard Sues Samsung for Patent Infringement

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Harvard University has sued Samsung, alleging that the latter’s chip technology infringes two patents owned by the university. The case is President and Fellows of Harvard College v. Samsung Electronics Co, U.S. District...more

A&O Shearman

New Jersey District Court Orders Delisting Of Teva Inhaler Patents From The Orange Book

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On June 10, 2024, Judge Stanley R. Chesler of the United States District Court for the District of New Jersey granted the Amneal defendants’ motion for partial judgment on their counterclaims in a Hatch-Waxman dispute, and...more

Womble Bond Dickinson

Federal Circuit Reversal in Assignment Clause Case Highlights Importance of Contract Language in Intellectual Property Ownership

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In a split opinion issued Tuesday, and based on language in an assignment clause of a contract, the Federal Circuit overturned a district court's summary judgment that Core Optical lacked standing to sue Nokia, Cisco, and...more

Fenwick & West LLP

How to Maximize Your AI-Assisted Invention’s Patentability

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Artificial intelligence is rapidly reinventing the research and development process, but until recently, patentability remained a major uncertainty. That’s until the United States Patent and Trademark Office stepped in and...more

Jones Day

Patent Appendix That Was Referenced, But Not Incorporated, Is Not Prior Art

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In Apple Inc. v. DoDots Licensing Sols. LLC, IPR2023-00939, Paper 12 (PTAB Jan. 3, 2024) (“Decision”), the PTAB clarified what is and what is not part of the prior art, and as such what can be considered by the PTAB in an IPR...more

Dorsey & Whitney LLP

AI cannot be an inventor of a UK Patent

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The United Kingdom Supreme Court (the ultimate appeal level in the UK legal system) has ruled in a decision of 20 December 2023 that an artificial intelligence (“AI”) system cannot be identified in a patent application as the...more

White & Case LLP

UK Supreme Court Rules Against AI Inventorship of Patents

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On December 20, 2023, the UK Supreme Court ("Court") dismissed Dr. Stephen Thaler's appeal, unanimously affirming the decision of the Comptroller-General of Patents, Designs and Trademarks ("Comptroller") that a machine which...more

Foley Hoag LLP

Semiconductor Technology Pilot Program Provides Opportunity to Accelerate Patent Examination

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The Chips Act seeks to jump-start semiconductor development in the United States. Last week, the Patent Office has promulgated the Semiconductor Technology Pilot Program (STPP) to further the goals of the Chips Act....more

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

Mastering the Recipe of Food Technology Intellectual Property

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

Erise IP

MicroLED displays are on the horizon. Here are the IP implications, including potential litigation

Erise IP on

Plasma. LCD. QLED. OLED. To anyone who has purchased a TV, phone or tablet in the past couple of decades, these terms have undoubtedly been flouted for marketing purposes, each generation of device having a display that is...more

Linda Liu & Partners

Invention-Creations Related to Work Tasks Made During the Service Period Belong to Service Invention-Creations | Dispute over...

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Judgment Gist - According to the relevant provisions of the Patent Law, an invention-creation made by performing the tasks of the entity concerned or mainly using the material and technical conditions of the entity...more

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

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At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

Irwin IP LLP

Amended Complaint Gives Plaintiff a Do-Over, Not the Defendant

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Power Probe Grp., Inc. v. Innova Electronics Corp., 21-cv-00332 (D. Nev. Apr. 27, 2023) While it is accepted that filing an amended complaint supersedes the original complaint rendering it without legal effect, a defendant...more

Linda Liu & Partners

Current State and Emerging Challenges of SEP Licensing for Intelligent Connected Vehicles in China (II)

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III. Principles and Methods Adopted by Chinese Courts for Calculating SEP Royalties in Lawsuits in the Field of Communications - 1. Regarding Justiciability of SEP License Disputes in China - Interpretation of the Supreme...more

Bennett Jones LLP

Artificial Intelligence Patenting: Top Challenges and Key Considerations

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In this blog, we consider the challenges in patenting artificial intelligence (AI) and the key considerations companies should make when drafting strong AI patent applications....more

BakerHostetler

Federal Circuit: AI Cannot Be a Named ‘Inventor’ Under the Patent Act

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​​​​​​​On August 5, 2022, the Federal Circuit in Thaler v. Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark...more

WilmerHale

Federal Circuit Patent Watch: The Patent Act defines “inventor” as limited to natural persons

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Precedential Federal Circuit Opinions - REALTIME ADAPTIVE STREAMING LLC v. NETFLIX, INC. [OPINION] (2021-1484, 2021-1485, 2021-1518, 2021-1519, July 27, 2022) (Newman, Reyna, and Chen) - Chen, J. Affirming district...more

Jones Day

Patent Owner Ordered To Produce Infringement Contentions

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On May 3, 2022, a panel of three PTAB administrative patent judges granted a motion for additional discovery in TCL Industries Holdings Co., Ltd. v. Parkervision, Inc., IPR2021-00985, (PTAB 2022), in which the PTAB deemed the...more

Jones Day

Claim Construction Clash Leads to Invalidity Reprieve

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In XR Communications, LLC v. D-Link Systems, Inc. Et. Al., a judge in the Central District of California found that certain asserted claims claiming to wireless communication technology were barred by the doctrine of...more

Fish & Richardson

Strategic IP Considerations of Batteries and Energy Storage Solutions

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The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. Compared with older battery technologies, the lithium-ion battery was lightweight and compact, had high energy...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights, Volume 2, Issue 22

Assignment and Recordation of Patent Ownership Rights - A patent has the attributes of intangible personal property: it can be sold or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased...more

Foley & Lardner LLP

As Vehicles Become Computerized, NPE Patent Owners Are Targeting Automakers

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Automakers, high-tech software companies, and electronics companies are increasingly facing similar challenges as vehicles become computers on wheels. For example, the global chip shortage is delaying the production of...more

Winstead PC

Update: Federal Judge Rules That Only Natural Persons Can Be Inventors

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Recently, a federal judge in the Eastern District of Virginia issued a memorandum opinion in the ongoing dispute over whether artificial intelligence (“AI”) machines may be properly identified as inventors on U.S. patent...more

Fox Rothschild LLP

Chief Judge Stark Denies Defendants’ Motions To Dismiss Plaintiff’s Complaints Asserting Patent Infringement Due To The Use Of...

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By Memorandum Opinion entered by The Honorable Leonard P. Stark in Stragent, LLC v. BMW of North America, LLC et al., Civil Action No. 20-510-LPS (D.Del. March 25, 2021) (consolidated), the Court denied Defendants’ motions to...more

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