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A Precedential Win In Patent Infringement Appeal

Liskow & Lewis

On Friday, April 12, 2024, LuLu Reisman, George Denegre, Carey Menasco, and Melanie Derefinko secured a significant appellate victory for Luv n' care, Ltd. ("LNC")...

"Known" Claim Elements Alone Insufficient For Motivation To Combine

Jones Day

In a precedential opinion, the Federal Circuit reversed a Patent Trial and Appeal Board decision in holding that certain claims of the Virtek patent (U.S. Patent No. 10,052,734) were unpatentable as obvious.

From The Highchair To The Courtroom: Federal Circuit Serves Up Helpful Guidance On Equitable Defenses In Childproof Placemat Patent Dispute

Crowell & Moring LLP

Mischaracterizing the prior art before the PTO when obtaining a patent may establish but-for materiality per se for purposes of inequitable conduct.

Guidance On Use Of Artificial Intelligence-Based Tools In Practice Before The United States Patent And Trademark Office

K&L Gates

On 11 April 2024, the United States Patent and Trademark Office (USPTO) published guidance (referred to herein as the Guidance) on the use of artificial intelligence...

USPTO Issue Notice Of Proposed Rulemaking For Rules Governing Director Review Of Patent Trial And Appeal Board Decisions

WilmerHale

On April 16, 2024, the United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking (NPRM) regarding Director Review of Patent Trial and Appeal Board (PTAB) decisions in America Invents Act (AIA) proceedings.

Section 271(e)(1) Safe Harbor Applies To Importation Regardless Of Intent Or Actual Use

Akin Gump Strauss Hauer & Feld LLP

A divided panel of the Federal Circuit affirmed a district court's grant of summary judgment of noninfringement, holding that importation of two product samples into the U.S. was reasonably related to obtaining FDA approval based on the particular facts of this case.

Genentech And Dr. Reddy's Settle BPCIA Rituximab Litigation

Goodwin Procter LLP

Genentech, Hoffmann-La Roche, and Biogen have settled their BPCIA litigation against Dr. Reddy's Laboratories ("DRL") and Fresenius Kabi.

USPTO Issues New Guidance On Practitioners' Use Of AI

Jones Day

The USPTO's April 11, 2024, guidance clarifies how existing USPTO rules apply to the use of AI by practitioners when interacting with the USPTO.

No Joint Inventorship When Contribution Is Insignificant In Quality Compared To Main Invention

Manatt, Phelps & Phillips LLP

In Hip, Inc. v. Hormel Foods Corp., the U.S. Court of Appeals, Federal Circuit, held that there was no joint inventorship when the contribution of preheating meat pieces using an infrared...

Exploring Patent Trends In Aerospace Electrification

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

Companies in the aviation sector are working to reduce fossil fuel consumption and carbon emissions to create more sustainable flights, largely via electrification.

Fifteenth Anniversary Update: Annotated Local Patent Rules For The Northern District Of Illinois

Jones Day

Almost 15 years ago, in an effort to create greater predictability for patent litigation in the Northern District of Illinois, the District enacted Local Patent Rules ("LPR").

The Pleading Standard For Complex Technology? It's Complex.

Axinn Veltrop & Harkrider

Can a patentee really just take a pass on alleging that an accused product meets a limitation in an asserted claim, even where the case involves complex technology?...

To Patent, Or Not To Patent: Patenting Vs. Trade Secret Protection

Romano Law

In the realm of innovation and entrepreneurship, safeguarding intellectual property (IP) is paramount.

Common Mistakes To Avoid In Provisional Patent Applications

NovoTech Patent Firm

Navigating the world of patents can be daunting, especially for first-time inventors and entrepreneurs. One common route is filing a provisional patent application.

IPRS And Co-Pending Patent Litigation: How To Navigate Them Successfully

Vorys Sater Seymour & Pease

Bill Oldach, a partner in the Vorys Washington, D.C. office, and Lauren Kickel, an associate in the Vorys Houston office, co-authored an article for For the Defense...

Gen AI And IP - Highlights From The USPTO/Copyright Office Public Symposium

Vorys Sater Seymour & Pease

U.S. Patent and Trademark Office (USPTO) and Copyright Office (USCO) personnel, practitioners and other stakeholders gathered yesterday at Loyola Law School in Los Angeles...

U.S. Patent Office Issues Additional Guidance On Use Of AI Tools

Buchanan Ingersoll & Rooney PC

On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.

Federal Circuit Affirms Summary Judgment In Precedential Opinion On Patent Claims Directed To Targeting Advertisements As Ineligible Subject Matter Under 35 U.S.C. § 101

Akin Gump Strauss Hauer & Feld LLP

The Federal Circuit recently affirmed summary judgment that patent claims directed to identifying advertisements based on search results are patent ineligible subject matter under 35 U.S.C. § 101.

IPR And PGR Statistics For Final Written Decisions Issued In February 2024

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In February, the PTAB cancelled 397 (71.27%) instituted claims across 32 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit.

USPTO Publishes Notice Of Proposed Rulemaking For Director Review

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

The U.S. Patent and Trademark Office ("USPTO") published a Notice of Proposed Rulemaking, which, if implemented...

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