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Intellectual Property Protection › Patent Act › Patent Validity

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Sidesteps Ruling on the Reverse Doctrine of Equivalents Theory in Steuben Foods Inc. v. Shibuya...

Vorys, Sater, Seymour and Pease LLP on

In this edition of The Precedent, we outline the decision in Steuben Foods Inc. v. Shibuya Hoppmann Corp. This case addresses whether the reverse doctrine of equivalents (RDOE) is a viable defense to patent infringement....more

Smart & Biggar

Avoiding the hindsight trap in the context of a patent obviousness analysis

Smart & Biggar on

While courts have often warned that hindsight bias should be avoided when assessing whether a patented invention would have been obvious to the skilled person, the application of this principle can be challenging in practice....more

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

Five Key Takeaways from the Recent House Judiciary Hearing on AI-Assisted Inventions and Creative Works

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

As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more

Cooley LLP

Two Recent Federal Circuit Opinions Illustrate Risk of Product Demonstrations for Patent Validity

Cooley LLP on

Section 102 of the Patent Act holds that an invention may not be patented if it was in public use before the effective filing date of the patented invention. The public use bar to patenting is triggered if the invention is...more

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