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United States Patent and Trademark Office › Patent Applications › Intellectual Property Litigation

The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.... more +
The U.S. Patent and Trademark Office is an agency of the United States Department of Commerce that serves a fundamental role in the U.S. intellectual property system by issuing patents and registering trademarks.    less -
Kilpatrick

Federal Circuit Clarifies Patent Eligibility of Inventions Involving the Use of Machine Learning Models

Kilpatrick on

In Recentive Analytics, Inc. v. Fox Corp., No. 2023-2437, slip op. at 18 (Fed. Cir. April 18, 2025), the Federal Circuit held that “patents that do no more than claim the application of generic machine learning to new data...more

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

Sterne Kessler’s Reissue, Reexamination, and Supplemental Examination Practice Tips – March 2025

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

In the mid-2000s, the U.S. Patent Office (USPTO) determined that reexaminations would be more consistent and legally correct if performed by a centralized set of experienced and specially trained Examiners. As a result, the...more

Goodwin

The Court of Appeals for the Federal Circuit’s In Re Xencor Decision: Jepson Claims Require Written Description for Their...

Goodwin on

On March 13, 2025, the US Court of Appeals for the Federal Circuit (Federal Circuit) issued a decision titled In Re: Xencor, Inc. (the Xencor decision). The Xencor decision affirms the decision of the Appeals Review Panel...more

McDonnell Boehnen Hulbert & Berghoff LLP

Immunogen, Inc. v. Stewart (Fed. Cir. 2025)

McDonnell Boehnen Hulbert & Berghoff LLP on

After creating something of a frisson due to the apprehension that the Federal Circuit might be convinced to re-evaluate whether it was a necessary element for establishing obviousness for the skilled artisan to have had a...more

Foley Hoag LLP

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

Foley Hoag LLP on

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

Baker Botts L.L.P.

The Impact of Prosecution Length on Invalidity Outcomes in Patent Litigation

Baker Botts L.L.P. on

This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation. Many...more

Alston & Bird

Intellectual Property Litigation Newsletter | February 2025

Alston & Bird on

Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn that the Federal Circuit always says never, patent publications...more

McDonnell Boehnen Hulbert & Berghoff LLP

What? The Pokémon Company’s Patent Applications Are Evolving!

McDonnell Boehnen Hulbert & Berghoff LLP on

In September of last year, and in light of a corresponding Japanese patent infringement suit, I published an article detailing how The Pokémon Company had filed two patent applications at the United States Patent and...more

McDonnell Boehnen Hulbert & Berghoff LLP

USPTO Challenges Reasonable Expectation of Success Prong of Obviousness Law Precedent in Immunogen v. Vidal

McDonnell Boehnen Hulbert & Berghoff LLP on

The U.S. Patent and Trademark Office has a history of attempting to challenge judicial decisions that the Office, usually for its own policy reasons, takes issue with.[1]  Recently, the Office decided to challenge the...more

Morgan Lewis

Federal Circuit Clarifies Secret Prior Art May Be Used in IPR Challenges

Morgan Lewis on

On January 14, 2025, the Federal Circuit in Lynk Labs Inc. v. Samsung Electronics Co. Ltd. clarified that inter partes review challenges may be “based upon published patent applications, and such published patent applications...more

Fitch, Even, Tabin & Flannery LLP

IP Alert: Federal Circuit Clarifies What Is Deemed Prior Art in an IPR

Fitch, Even, Tabin & Flannery LLP on

On January 14, in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., the Federal Circuit held that a published patent application can be prior art in an inter partes review (IPR) based on the application’s filing date, not the...more

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

AI IP Year in Review - Patent Law and Generative AI 101

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

While Artificial Intelligence (AI) solutions, such as predictive AI, have been around for decades, generative AI systems are recent innovations with far reaching implications for patent law. Generative AI, such as ChatGPT,...more

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

AI Intellectual Property Year in Review - Analysis & Trends - 1st Edition

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

Artificial intelligence (AI) is reshaping industries, including the legal profession, with a significant impact on patent law. In 2024, the U.S. Patent and Trademark Office (USPTO) and the courts continued to address emerging...more

McDonnell Boehnen Hulbert & Berghoff LLP

Lynk Labs, Inc. v. Samsung Electronics Co. (Fed. Cir. 2025)

McDonnell Boehnen Hulbert & Berghoff LLP on

Published Patent Applications Are Prior Art as of the Filing Date, Not the Publication Date - Lynk Labs raises a simple question of statutory interpretation with surprisingly important ramifications:  in inter partes review,...more

McGuireWoods LLP

Federal Circuit: Published Patent Applications Available as Prior Art in IPRs as of Filing Date

McGuireWoods LLP on

The U.S. Court of Appeals for the Federal Circuit ruled on Jan. 14, 2025, in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., that published U.S. patent applications may continue to be used as prior art in inter partes...more

Wolf, Greenfield & Sacks, P.C.

Wolf Greenfield Attorneys Review 2024 and Look Ahead to 2025

Wolf, Greenfield & Sacks, P.C. on

2025 promises to be another busy year for intellectual property law. In this episode of IP Talk with Wolf Greenfield, you’ll hear Wolf Greenfield attorneys from a variety of practice areas reviewing some of the top issues of...more

McDermott Will & Emery

Legal Lens on the Unified Patent Court | October 2024

McDermott Will & Emery on

The Unified Patent Court (UPC) is revolutionizing the way patents are enforced in Europe, and McDermott’s intellectual property (IP) team is here to help you navigate this dynamic landscape. Our Legal Lens on the Unified...more

Baker Donelson

Patent Cases to Watch for in the Second Half of 2024

Baker Donelson on

As we move into the second half of the year, we are alerting you to 11 patent cases that you should look out for during the second half of 2024. This judicial mix touches on a range of industries and interests, such as...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Provides Guidance on What Claims Can Properly Serve As Obviousness-Type Double Patenting References

Wilson Sonsini Goodrich & Rosati on

In a precedential decision issued on August 13, 2024, the U.S. Court of Appeals for the Federal Circuit held that a first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued,...more

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

Navigating Inventorship of AI-Assisted Inventions: USPTO's Guidance and Implications

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

This article discusses the February 13, 2024 guidance issued by the United States Patent and Trademark Office (USPTO) regarding the inventorship of artificial intelligence (AI)-assisted inventions. While this guidance marks a...more

Wilson Sonsini Goodrich & Rosati

The PTAB Review - April 2024

Wilson Sonsini Goodrich & Rosati on

This issue of The PTAB Review begins by summarizing a recent Patent Trial and Appeal Board (PTAB) decision strictly applying the public availability standard for prior art references as a basis for denying institution. Next,...more

American Conference Institute (ACI)

[Event] 22nd Advanced Summit on Life Sciences - May 29th - 30th, New York, NY

American Conference Institute (ACI) on

Hosted by American Conference Institute, the 22nd Advanced Summit on Life Sciences Patents returns for another exciting year with curated programming that will provide practical insights on how to maximize your patent term...more

Quarles & Brady LLP

Maatita – Less can be More

Quarles & Brady LLP on

Is it possible that adding more specificity and detail to a design claim can render the claim indefinite and non-enabled under 35 U.S.C. 112? According to the USPTO, the answer is: yes....more

American Conference Institute (ACI)

[Event] 20th Paragraph IV Disputes - April 25th - 26th, New York, NY

American Conference Institute (ACI) on

Hosted by American Conference Institute, the 20th Annual Paragraph IV Disputes & the 40th Anniversary of the Hatch-Waxman Act returns for another exciting year with curated programming that will take a retrospective look at...more

Seyfarth Shaw LLP

Legal Lessons from Holiday Lights: Clarity in Patent Drafting

Seyfarth Shaw LLP on

Decking the halls with festive flair is a beloved tradition, from cozy and simple to dazzling displays that could rival Clark Griswold’s winter wonderland. In this yuletide landscape, lights play a starring role, sparking...more

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