As AI tools become more prevalent in the life sciences, biotechnology companies need to evaluate AI’s impact on their ability to protect the results of their research. Recent U.S. Patent and Trademark Office (PTO) guidance...more
In this first edition of Orrick’s quarterly series on PTAB trends and precedent, we provide statistics on the falling institution rate, relatively steady challenger success rate, and rapid increase in discretionary denials....more
A patentee bears the burden of proving infringement when a licensee seeks a declaratory judgment of non-infringement, the U.S. Supreme Court has held. The ruling reversed the Federal Circuit and clarified declaratory...more
1/28/2014
/ Burden of Proof ,
Evidence ,
Genentech ,
Infringement ,
License Agreements ,
MedImmune v Genentech ,
Medtronic ,
Medtronic v Boston Scientific ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Royalties ,
SCOTUS
The Defensive Patent License (DPL) is coming in February 2014. The DPL is a patent license proposed by the directors of the Samuelson Law, Technology & Public Policy Clinic at the University of California, Berkeley as a...more