News & Analysis as of

Intellectual Property Protection Inventors Appeals

WilmerHale

Google Victory Is First Step to Address Patent Damages Imbalance

WilmerHale on

Patents are a mutually beneficial agreement between inventors and the government. Each side makes concessions in service of their own, and the greater, good. It’s a careful balance, where policy and rules that are too...more

Sheppard Mullin Richter & Hampton LLP

No Credit Where It Isn’t Due: The Importance of Preemption and Inventorship in Patent Law

Mr. Storms, an individual with significant experience with Bitcoin mining, is the founder and sole employee of BearBox LLC. Mr. McNamara and Dr. Cline co-founded Lancium in November 2017 with the intention of co-locating...more

Fox Rothschild LLP

AI and Copyright: What a Recent Court Ruling Means for AI Creators and Intellectual Property Rights

Fox Rothschild LLP on

In a significant decision, the United States Court of Appeals for the D.C. Circuit recently ruled that the Copyright Act of 1976 requires human authorship to register a work, affirming the district court’s denial of a...more

McDermott Will & Emery

Inventor’s Motivation to Combine Does Not Control Obviousness

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court decision rejecting claims of a patent application directed to a dosing regimen for a cancer treatment, finding the claims to be obvious where the...more

Vorys, Sater, Seymour and Pease LLP

The Precendent: U.S. Court of Appeals for the Federal Circuit Reaffirms Standard of Proof for Correcting Inventorship in BearBox...

In this edition of The Precedent, we outline the recent federal circuit decision in BearBox LLC v. Lancium LLC. The United States Court of Appeals for the Federal Circuit recently affirmed that parties seeking correction of...more

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

AI IP Year in Review - AI Inventorship: Navigating Patent Rights Around the Globe

The USPTO released proposed guidelines addressing the complex issue of AI inventorship. The USPTO is not the only agency attempting to tackle this issue; jurisdictions across the globe have been grappling with whether...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2025 #3

Bearbox LLC v. Lancium LLC, Appeal No. 2023-1922 (Fed. Cir. Jan. 13, 2025) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s determination that appellants Bearbox and Austin Storms—Bearbox’s...more

McDermott Will & Emery

Bit Swap: Motivation to Modify Prior Art Needn’t Be Inventor’s Motivation

McDermott Will & Emery on

Addressing the issue of obviousness, the US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision, finding that the challenged patent claims were obvious because a person of ordinary skill...more

Axinn, Veltrop & Harkrider LLP

A POSA’s Motivation Is Not Required To Be the Same as the Inventor’s in Evaluating Obviousness

In its first precedential opinion of 2025, Honeywell v. 3G Licensing, No. 2023-1354, the Federal Circuit held that a person of ordinary skill in the art (POSA) needs not to have the same motivation as the inventor in an...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, several crucial developments — some aimed at modernizing long-standing legal practices, others addressing emerging challenges — have reached patent law. Originally published in Law360 - December...more

Foley & Lardner LLP

How to Patent AI-Assisted Inventions: USPTO Guidance Highlights Importance of Understanding the ‘Significant Contributions’...

Foley & Lardner LLP on

The rapid rise of artificial intelligence (AI) has opened up exciting possibilities for innovation, but also uncertainty around who gets credit for inventions developed with the assistance of an AI system. At its core, there...more

McDermott Will & Emery

Who Solved the Problem? Joint Inventors, That’s Who

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to correct inventorship in a post-issuance inventorship dispute, finding that the alleged joint inventors’ contributions were significant...more

McDonnell Boehnen Hulbert & Berghoff LLP

Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2023)

Proper construction of claim limitations reciting the chemical property of pH (which denotes the concentration of hydrogen ions in a solution as an indication of acidity) has arisen several times in district court and Federal...more

Sheppard Mullin Richter & Hampton LLP

HIP Inc. v. Hormel Foods Corp. No. 2022-1696, _ F.4th ___ (Fed. Cir. May 2, 2023)

This case addresses the requirements necessary to establish a prima facie case to correct inventorship under 35 U.S.C. § 256. Background - Hormel Foods appealed the District Court’s ruling that David Howard should be...more

McDermott Will & Emery

Inventorship Hosed Clean: Contribution, Corroboration and Collaboration Prove Joint Invention

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a decision to correct inventorship, finding that the alleged joint inventor’s contribution to a claimed invention was significant and adequately corroborated by...more

Bradley Arant Boult Cummings LLP

Blue Gentian’s Efforts to Maintain Sole Inventorship Were Hosed by the Federal Circuit

Last week, the Federal Circuit issued another precedential decision on inventorship. However, unlike in HIP, Inc. v. Hormel Foods Corporation (22-1696) where the appellate panel found the purported inventor’s contribution to...more

Bradley Arant Boult Cummings LLP

Bacon and a Heavy Burden: Significant Contribution Required To Be a Joint Inventor

Efforts by HIP, Inc. to have David Howard added as an inventor to Hormel’s U.S. Patent No. 9,980,498 (Bacon Patent) were recently scorched by the Federal Circuit. More specifically, in HIP, Inc. v. Hormel Foods Corporation...more

McDermott Will & Emery

Rage against the Machine: Inventors Must Be Human

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit found that an artificial intelligence (AI) software system cannot be listed as an inventor on a patent application because the Patent Act requires an “inventor” to be a natural...more

Proskauer - The Patent Playbook

Update on Artificial Intelligence as a Patent Inventor

Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues...more

Buckingham, Doolittle & Burroughs, LLC

A Fine Line Between Co-Owner and Infringer

Can an employee’s unpatentable “idea”, conceived under a duty to assign intellectual property, give rise to co-ownership in an invention conceived after employment terminates? That was the question on appeal in Bio-Rad...more

Knobbe Martens

Federal Circuit Rejects Written Description Analysis That Ignored Relevant Factors

Knobbe Martens on

IN RE: GLOBAL IP HOLDINGS LLC - Before Moore, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Written description support for a claimed genus depends on the criticality or importance of the...more

McDermott Will & Emery

Stick to the Pleading when Deciding Motion to Dismiss

The US Court of Appeals for the Federal Circuit reversed a dismissal of a complaint for failing to state a claim under FRCP 12(b)(6), finding error in the district court’s use of judicial notice to do fact-finding outside the...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2018

Fenwick & West LLP on

In This Issue - Gender Diversity in Patenting: Current Landscape and Recommendations - The gender gap in patenting is a current challenge that companies face. While this issue seems pervasive, companies and lawyers can...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)?- In an appeal from a jury trial, the Federal Circuit addressed numerous issues...more

24 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide