News & Analysis as of

Patents Compliance

Fox Rothschild LLP

New USPTO Continuation Fee: A Hidden Trap for Patent Filers

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The United States Patent and Trademark Office (USPTO) recently introduced a Continuing Application Fee (CAF) to address the growing backlog of continuing applications and encourage timely prosecution. Effective January 19,...more

Smart & Biggar

When patents expire but royalty payments don’t: contrasting U.S. and Canadian approaches to patent licensing

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How does the expiration of the patents in one jurisdiction impact global royalty payments? This question was addressed by the United States Court of Appeal’s Ninth Circuit in C.R. Bard Inc v Atrium Medical Corporation, Case...more

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

USPTO Withdraws June 2022 Guidance on Fintiv Denials

On Friday, February 28, 2025, the United States Patent and Trademark Office (USPTO) announced the withdrawal of the June 2022 memorandum titled “Interim Procedure for Discretionary Denials in AIA Post-Grant Proceedings with...more

McDermott Will & Emery

Small-Market Segment Can Satisfy Domestic Industry Requirement

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The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission finding, explaining that small-market segments can be significant and substantial enough to support the Commission’s domestic...more

ArentFox Schiff

AI Legal Landscape: Top Challenges and Strategies in 2025

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As artificial intelligence (AI) continues to develop at a rapid pace, even the most sophisticated general counsel (GC) and in-house legal teams will be hard pressed to keep up with the evolving legal landscape....more

Polsinelli

USPTO Announces New Artificial Intelligence Strategy

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Synopsis: On January 14, 2025, the USPTO unveiled a new Artificial Intelligence (AI) Strategy, which outlines responsible implementation of AI within the agency and more generally across the intellectual property (IP)...more

Smart & Biggar

Federal Court rules on patent listing again, confirms generic not required to address patent submitted before ANDS filing but...

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On January 20, 2025, Justice O’Reilly of the Federal Court dismissed Bayer’s judicial review of the Minister of Health’s decision to list Canadian Patent No. 2,970,315 (315 Patent) on the Patent Register eight days after it...more

Proskauer - Minding Your Business

Do Stablecoin Patent Applications Signal a Cryptocurrency Evolution?

Stablecoins have emerged as one of the most transformative innovations in the cryptocurrency space, bridging the gap between the volatility of traditional cryptocurrencies like Bitcoin and the stability demanded by mainstream...more

Foley Hoag LLP

Summary of the USPTO Artificial Intelligence Strategy (January 2025)

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The U.S. Patent and Trademark Office (USPTO) has announced its strategy for addressing important issues at the intersection of artificial intelligence and intellectual property rights. Although primarily concerned with the...more

Foley & Lardner LLP

AI Drug Development: FDA Releases Draft Guidance

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On January 6, 2025, the U.S. Food and Drug Administration (FDA) released draft guidance titled Considerations for the Use of Artificial Intelligence To Support Regulatory Decision-Making for Drug and Biological Products...more

Venable LLP

Venable’s BiologicsHQ Monthly Injection - December 2024

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Welcome to Venable’s BiologicsHQ Monthly Injection - December 2024....more

Saul Ewing LLP

2025 Health Care Predictions

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Hello. Our Saul Ewing Health Law Practice Group is thrilled to share with you our 2025 predictions article addressing multiple areas of interest in the health care delivery system. Many of our group’s colleagues have shared...more

Smart & Biggar

Federal Court finds patent ineligible for listing against SNDS

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In Bayer Inc v Amgen Canada Inc, 2024 FC 1849, the Court granted a motion brought by Amgen for a declaration that Canadian Patent No. 3,007,276 (276 patent) was ineligible for inclusion on the Patent Register and that the...more

Knobbe Martens

End of an Era: The After Final Consideration Pilot Program 2.0 Concludes

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The sun is officially setting on the United States Patent and Trademark Office’s (USPTO) After Final Consideration Pilot Program 2.0 (AFCP 2.0)[1].  This program, which has been instrumental in facilitating patent prosecution...more

Foley & Lardner LLP

Protecting IP in a Cyber-Threatened World: Insights from Zifino and Foley & Lardner

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As companies embrace digital transformation, they increasingly depend on proprietary technologies and data that requires robust cybersecurity measures to safeguard intellectual property (IP). Zifino and Foley & Lardner LLP...more

Kohrman Jackson & Krantz LLP

Beyond Money: The Rise of Branding as the Ultimate Asset

Attention is the hottest commodity any company can acquire today. How can you capture attention in an increasingly competitive market where individuals have more information and access than ever before? By crafting a...more

Mintz - Employment Viewpoints

Checklist for Foreign Companies Expanding into the US

You’re a foreign company looking to set up shop in the United States. You have weighed the pros and cons of expanding your business into the United States, c..onfirmed the compatibility of any products or services you offer...more

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

Key Considerations When Using AI Tools to Draft and File Documents with the USPTO

The use of Artificial Intelligence (AI) tools in practice before the United States Patent and Trademark Office (USPTO) is changing how practitioners prepare and submit documents. The USPTO’s recent Guidance on Use of...more

Robinson+Cole Data Privacy + Security Insider

USPTO Issues Guidance on Use of AI Based Tools

The U.S. Patent and Trademark Office (USPTO) issued guidance on the use of AI-based tools to prepare and prosecute patent and trademark applications. This announcement supplements the previous guidance issued in February....more

Wolf, Greenfield & Sacks, P.C.

USPTO Guidance on Use of AI-Based Tools in Practice: How to Mitigate Risk

Use of AI-based tools are permitted, but parties should use caution to ensure compliance with all duties and obligations - Recognizing that AI tools are already being used by parties practicing before the USPTO, this week the...more

McDonnell Boehnen Hulbert & Berghoff LLP

The USPTO's Guidance on Use of AI-based Tools in Practice

Since President Biden issued his Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the U.S. Patent and Trademark Office has been investigating the potential pitfalls of...more

Vondran Legal

How to Obtain a Court Ordered Subpoena for ISP Subscriber Identity

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Generally, an attorney can issue subpoenas. However, when you seek to serve an Internet Service Provider ("ISP) to find out the name and address of the subscriber (who may be an infringer of your IP), the Cable Privacy Act...more

Mitratech Holdings, Inc

Workflow of the Week: Automating Intellectual Property (IP) Management

Streamline and accelerate the steps for protecting and managing intellectual property rights such as patents, trademarks, copyrights, and trade secrets. Protecting intellectual property like technological advancements,...more

Smart & Biggar

Dexlansoprazole formulation patent invalid and not infringed by Apotex

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On February 7, 2024, the Federal Court dismissed Takeda’s action under subsection 6(1) of the Patented Medicines (Notice of Compliance) Regulations in relation to dexlansoprazole (Takeda’s DEXILANT). Justice Furlanetto...more

Neal, Gerber & Eisenberg LLP

To Mark or Not to Mark? U.S. Patent Holders Should Take Time to Carefully Consider Their Patent Marking

It’s never a bad time for companies holding U.S. patents to assess their patent marking strategy and compliance. Patent marking is often neglected or relegated to the marketing team, but it shouldn’t be. Whether what and how...more

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