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Patenting Digital Health Innovations Incorporating AI in View of USPTO's Recent Subject Matter Eligibility Guidance

Patent procurement activity is increasing to protect embedded artificial intelligence ("AI") technologies in a variety of digital healthcare solutions. The United States Patent and Trademark Office ("USPTO") has issued the...more

USPTO Releases New Guidance on Patent Subject Matter Eligibility

The Situation The legal uncertainty surrounding patent subject matter eligibility under Section 101 of the United States Code ("35 U.S.C. § 101") has been the subject of much attention, as it has become difficult for...more

Assignor Estoppel Does Not Apply to IPRs

Assignor estoppel is a long-established, common-law doctrine of equity, which prevents a party who assigns a patent to another from later challenging the validity of the assigned patent. The doctrine also applies to parties...more

Major Patent Offices Meet to Discuss Adoption of AI Tools

Last week, the United States Patent and Trademark Office (USPTO) hosted the annual meeting of the heads of the world’s five largest intellectual property offices, commonly referred to as the IP5 (see a related press release)....more

USPTO Director’s Alleged Conflict Not Imputed to PTAB Administrative Patent Judges

The Patent Trial and Appeals Board (PTAB) recently denied a Motion to Dismiss asserting the presence of a conflict of interest of USPTO Director Andrei Iancu. In St. Jude Medical, LLC. v. Snyders Heart Valve LLC, the Patent...more

Protecting Artificial Intelligence and Big Data Innovations Through Patents: Subject Matter Eligibility

The Situation: Artificial intelligence ("AI") and big data ("BD") innovations are a driving force of the current technological revolution, dramatically changing the way we search for information, communicate, operate devices,...more

Court Grants Rehearing In Light Of Wi-Fi One

Eleven days after the Federal Circuit’s en banc opinion in Wi-Fi Onc, LLC v. Broadcom Corp., Nos. 15-1944, -1945 & -1946 (Fed. Cir. Jan. 8, 2018), a three-judge panel granted a petition by patent owner Click-to-Call...more

PTAB Denies Motion to Withdraw as IPR Counsel

In an order entered June 30, 2017, the PTAB denied a motion by counsel for patent owner Purple Leaf, LLC (“Counsel”) to withdraw from representation in a trio of IPRs (IPR2016-01720, IPR2016-01721, and IPR2016-01722). Counsel...more

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