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Patents Intellectual Property Protection Technology Sector

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

Maximizing Value for Space-Tech Start Ups

Houston, we fixed it. When an oxygen tank exploded during the Apollo 13 mission, the crew resorted to plastic covers from manuals and duct tape to return home. Now, the International Space Station has 3D printers capable of...more

Proskauer - The Patent Playbook

Patent Litigation and the Rise of Quantum Computing: What to Watch for in the Next Decade

A recent Patent Trial and Appeal Board decision related to hybrid quantum computing paves the way for more quantum computing-related patents, and potential litigation....more

DLA Piper

Patenting Quantum Computing: Challenges, Trends, and Future Prospects

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Predictions about the arrival of fault-tolerant quantum computing and commercially viable quantum computing vary widely. Some experts estimate that within the next three to five years, we may see early quantum advantage in...more

Sheppard Mullin Richter & Hampton LLP

You Snooze, You Lose: Federal Circuit Emphasized Once Again the Importance of Preserving Issues for Appellate Review

AliveCor, Inc. v. Apple, Inc., No. 23-1512 (Fed. Cir. 2025) – On March 7, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s inter partes review (“IPR”) decisions invalidating all claims of three AliveCor...more

Proskauer - The Patent Playbook

The Uncertain Future of Section 101: Patent Eligibility in the Wake of Recent Supreme Court (In)Action

Patent eligibility under 35 U.S.C. § 101 remains one of the most hotly contested and unpredictable areas of U.S. patent law. In the years following the Supreme Court’s landmark decisions in Alice Corp. v. CLS Bank Int’l...more

ArentFox Schiff

Strategies for Safeguarding AI Innovation: Navigating the Complex IP Landscape for AI Technologies

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The protection of intellectual property (IP) is vital in the fiercely competitive artificial intelligence (AI) industry, necessitating a deep understanding of how the complex IP framework can be effectively leveraged to...more

Baker Botts L.L.P.

Intellectual Property Report April 2025

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The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty....more

IR Global

A Guide to SEP: Standard Essential Patents for Tech Startups

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Join Katherine Evans from Mirkwood Evans Vincent, as she sits down with IR Global’s Expertise Unlocked podcast host Jennifer Riggins to discuss everything you need to know about Standard Essential Patents (SEPs), and the...more

Fenwick & West LLP

IP as an Investment Magnet - Why VCs Prioritize Companies with Strong IP Strategies

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Investors in deep tech don’t just evaluate technology—they evaluate defensibility. A company’s IP portfolio is often the difference between getting funded and being passed over....more

Venable LLP

The Perils of Procedural Misadventure and Unclear Claim Drafting in Patent Litigation

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On Friday, March 14, 2025, Delaware's own Judge Andrews provided important guidance on key patent issues, relevant to pharmaceutical and technology companies alike: (1) the decisive impact of local patent rules on summary...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

Jones Day

Japanese Supreme Court: Building a System That Includes a Server Located Outside Japan Constitutes Patent Infringement

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On March 3, 2025, the Japanese Supreme Court held that building a network-based system comprised of a server located in the United States, connected via a network to user terminals in Japan, constitutes "producing a product"...more

Maynard Nexsen

Tool or Inventor? – Inventorship Pitfalls When Using AI in R&D

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Generative AI is a subset of artificial intelligence that enables machines to generate content, such as words, images, voice, and even synthetic data. While Generative AI is relatively new technology, its origins from...more

McDonnell Boehnen Hulbert & Berghoff LLP

President Nominates John Squires to be Next USPTO Director

On Monday, President Trump's nomination for Under Secretary of Commerce for Intellectual Property and Director of the U.S. Patent and Trademark Office, John A. Squires, was submitted to the U.S. Senate for confirmation.  Mr....more

Fenwick & West LLP

Building a Defensible IP Portfolio in Deep Tech

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Deep tech companies operate in high-stakes environments where technology differentiation is everything. A weak or fragmented IP strategy early on can lead to missteps that are difficult to unwind later....more

Hogan Lovells

Japan: Supreme Court Decision — Closing a loophole for patent infringements in cross-border network systems

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On March 3, 2025, the Supreme Court of Japan upheld the original judgment that found patent infringement in respect of the acts performed on a server located outside Japan, virtually affirming the extraterritorial application...more

Foley Hoag LLP

PTAB Overturns a Subject Matter Eligibility Rejection of Claims Directed to a Quantum-Computing Method

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On February 13, 2025, Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office (USPTO) overturned a patent eligibility rejection of claims directed to a method of performing a computation using a quantum...more

DLA Piper

China Releases Guidelines for AI-Related Invention Patent Applications

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The China National Intellectual Property Administration ("CNIPA") issued the Guidelines for Patent Applications for Artificial Intelligence ("AI") Related Inventions (Trial Implementation) ("Guidelines") on 31 December 2024,...more

Holland & Knight LLP

Access Denied: Patent for Controlling Entry Found Ineligible Under Section 101

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Earlier this month in Luxer Corp. v. Package Concierge, the U.S. District Court for the District of Delaware found that U.S. Patent No. 11,625,675 was ineligible under Section 101. In assessing the defendant's motion to...more

McDonnell Boehnen Hulbert & Berghoff LLP

One of the Early Appeal Decisions in Quantum Computing Represents a Positive Datapoint

As reported by Quantum Insider, this past week, the Patent Trial and Appeal Board (PTAB) at the United States Patent and Trademark Office (USPTO) overturned an examiner's rejections of an application directed to a quantum...more

Foley Hoag LLP

Conversations with the Industry: Jason Fiorillo, Boston Dynamics

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Jason Fiorillo, Chief Legal Officer and Secretary of Boston Dynamics, is a recognized leader in the robotics and AI industries and brings deep expertise in navigating the rapidly evolving intersections of technology,...more

Axinn, Veltrop & Harkrider LLP

Federal Circuit Clarifies That “Quantitatively Small” Investments Can Establish Significant and Substantial Investment in Domestic...

On Friday, Feb. 7, 2025, the Federal Circuit issued a precedential opinion in Wuhan Healthgen Biotech. Corp. v. U.S. Int’l Trade Comm’n, No. 23-1389, 2025 WL 420819 (Fed. Cir. 2025). The three-judge panel, consisting of Chief...more

Ropes & Gray LLP

Considerations When Contracting with Academic Spinouts

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Due in part to the Bayh-Dole Act of 1980, which incentivized universities to commercialize their technology, the number of academic spinouts has grown in recent years. This is particularly true in the life sciences space,...more

Fenwick & West LLP

DeepSeek, Model Distillation, and the Future of AI IP Protection

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A flurry of developments in late January 2025 has caused quite a buzz in the AI world. On January 20, DeepSeek released a new open-source AI model called R1 and an accompanying research paper....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

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