News & Analysis as of

Intellectual Property Protection Patents

Clark Hill PLC

3 things to know about intellectual property in construction law

Clark Hill PLC on

When most people think about construction law, they picture contracts, building codes, and zoning disputes, not copyrights and patents. But if you’re in the construction industry, whether you’re a general contractor,...more

Cooley LLP

Federal Circuit Strengthens Prosecution History Estoppel Principles in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC

Cooley LLP on

On July 18, 2025, the US Court of Appeals for the Federal Circuit reversed a lower court ruling in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC, holding that prosecution history estoppel barred the patentees’ doctrine...more

Irwin IP LLP

Fed. Cir. Ends Approach Employed To Make Challenging Patents As Abstract Ideas More Difficult 

Irwin IP LLP on

Optis Cellular Tech., LLC v. Apple Inc., No. 22-1925 (Fed. Cir. June 16, 2025) - Over a decade ago, the U.S. Supreme Court arguably made it easier to invalidate a patent for claiming nonpatentable abstract ideas when it...more

Troutman Pepper Locke

Navigating IP Risks in Emerging Clean Energy Technologies

Troutman Pepper Locke on

The evolution of grid management strategies to accommodate the increased adoption of renewable energy sources has led to a significant rise in both patent filings and patent disputes. An increased proportion of a grid's power...more

Troutman Pepper Locke

Federal Circuit Ruling Broadens Reach of Prosecution History Estoppel to Include Canceled Claims

Troutman Pepper Locke on

Prosecution history estoppel typically arises when a claim is rejected during prosecution and is then amended (narrowed) to overcome the rejection. However, in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC, No....more

ArentFox Schiff

USPTO Ends Remote PTAB Hearings Effective September 1

ArentFox Schiff on

The US Patent and Trademark Office (USPTO) has announced that, effective September 1, all PTAB hearings will be conducted in person at USPTO offices, marking a departure from the virtual and hybrid formats adopted in recent...more

ArentFox Schiff

Overcoming the ‘Settled Expectations’ Doctrine: Guidance From Intel v. Proxense

ArentFox Schiff on

Last month, we provided an overview of the Patent Trial and Appeal Board’s (PTAB) application of the “settled expectations” doctrine, articulated in recent PTAB director-level decisions. Interim Director Coke Morgan Stewart...more

Fish & Richardson

A New FRAND Framework: India Embraces Interim Security to Deter SEP Hold-Out

Fish & Richardson on

The Delhi High Court’s ruling in Dolby International AB & ANR v. Lava International Limited appears to mark a pivotal shift in India’s approach to the enforcement of standard essential patents (SEPs) wherein the High Court...more

McDonnell Boehnen Hulbert & Berghoff LLP

Applying Generative AI Tools to Patent Law Practice

Generative AI tools are poised to transform legal practice and offer unique challenges and opportunities, particularly in patent law. Modern large language model (LLM)-based tools enable faster, more efficient document...more

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

Beyond Guinea Pigs: Patent Risks and Opportunities in AI-Enabled Drug Development

On April 10, 2025, the U.S. Food and Drug Administration (FDA) announced a landmark initiative to phase out animal testing in drug development, signaling a major shift toward human-relevant, science-driven alternatives. This...more

Jones Day

“Settled-Expectations” Analysis May Leave Some Petitioners Feeling Unsettled

Jones Day on

As discretionary denials are on the rise and institution rates are declining at the PTAB (link), recent decisions from the PTAB have introduced the notion of a patent owner’s “settled expectations” as another reason for the...more

Dinsmore & Shohl LLP

“What You Say Can and Will Be Used Against Your Patent” Says Federal Circuit in New Opinion

Dinsmore & Shohl LLP on

Last week, the Federal Circuit issued its decision in Top Brand LLC v. Cozy Comfort Company LLC, clarifying the application of prosecution history disclaimer in the context of design patents. This alert summarizes the...more

ArentFox Schiff

USPTO to Launch AI-Powered Image-Based Search Tool for Design Patents Amidst New Legal Standards

ArentFox Schiff on

The US Patent and Trademark Office (USPTO) has announced the upcoming launch of an artificial intelligence (AI)-powered image-based prior-art search tool for design patents, scheduled to go live on October 1, 2025 (fiscal...more

Sheppard Mullin Richter & Hampton LLP

Lexicography: Clear And Unequivocal

This Federal Circuit opinion analyzes lexicography in the context of claim construction. Alnylam Pharmaceuticals owns U.S. Patent Nos. 11,246,933 (parent) and 11,382,979 (child). These patents relate to biodegradable...more

Jones Day

Discretionary Denial Where Inventors Petitioned for Unpatentability

Jones Day on

Coke Morgan Stewart, the acting director of the United States Patent and Trademark Office (“USPTO”), exercised discretion under 35 U.S.C. § 314(a) to deny Tessell’s (“Petitioner’s”) petition in favor of Nutanix (“Patent...more

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

Proskauer - The Patent Playbook

PTO Creates New Expectations Regarding Discretionary Denials

On the heels of the U.S. Patent and Trademark Office Acting Director’s recent decision to deny institution of iRhythm Technologies’ inter partes review petition, the PTO has now issued additional decisions clarifying the role...more

Stikeman Elliott LLP

Left on the Sidelines: The Canadian Patent Appeal Board Rules that Artificial Intelligence Cannot Hold Inventorship Status

Stikeman Elliott LLP on

Whether AI can be an “inventor” was the key issue in an important recent ruling of the Canadian Patent Appeal Board (the “PAB”). In Thaler, Stephen L. (Re), 2025 CACP 8, the PAB had to decide whether Canadian Patent...more

A&O Shearman

UPC Court of Appeal confirms its jurisdiction over infringements that pre-date the UPC Agreement

A&O Shearman on

Xsys Italia v. Esko-Graphics ORD_23545/2025 - The Court of Appeal of the Unified Patent Court (UPC) has delivered a decision clarifying the temporal scope of the UPC’s jurisdiction over European patent infringement...more

Quarles & Brady LLP

AI Search Tool Coming to Design Patent Examination

Quarles & Brady LLP on

The U.S. Patent and Trademark Office (USPTO) has announced the rollout of DesignVision, an advanced AI‑powered image search tool now integrated into the examination system for U.S. design patent applications. According to the...more

Offit Kurman

Patents and the FDA: Four Critical Considerations Medical Device Companies Must Know to Successfully Introduce New Products into...

Offit Kurman on

The intersection of patent strategy and FDA regulatory strategy is a critical consideration for medical device companies. A well-integrated approach can create powerful barriers to entry, strengthen intellectual property (IP)...more

Carlton Fields

Court Finds MSN Does Not Infringe Novartis’s Patent and Clears the Way for Generic Entresto

Carlton Fields on

In In re Entresto (Sacubitril/Valsartan) Patent Litigation, Judge Richard G. Andrews of the U.S. District Court for the District of Delaware granted MSN Pharmaceuticals Inc. a victory on noninfringement of U.S. Patent No....more

Jones Day

Discretionary Denial of IPR Institution Due to Advanced Hatch-Waxman Litigation

Jones Day on

In a recent decision, the Patent Trial and Appeals Board (“PTAB”) exercised its discretion under 35 U.S.C. § 314(a) to deny institution of an inter partes review (“IPR”) after applying the Fintiv factors, despite Petitioner’s...more

Mintz - Intellectual Property Viewpoints

Is Your Enantiomer Possessed? Patenting of Enantiomers – Does Written Description Require More Than Actual Possession?

It is well established that an enantiomerically pure compound exhibiting advantageous properties not present in its isomer or its corresponding racemic mixture, can be patented even if its corresponding racemic mixtures are...more

Foley & Lardner LLP

Navigating FDA’s Proposed Guidance on AI and Non-Animal Models: Safeguarding Innovation in Drug Development

Foley & Lardner LLP on

In April 2025, the U.S. Food and Drug Administration (FDA) released a landmark guidance titled “Roadmap to Reducing Animal Testing in Preclinical Safety Studies,” outlining its commitment to advancing New Approach...more

4,419 Results
 / 
View per page
Page: of 177

"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