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5 Key Takeaways | AI and Your Patent Management, Strategy & Portfolio
From Ideas to Ownership: Navigating IP and Employment Law Through the Lens of The Social Network â Hiring to Firing Podcast
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(Podcast) The Briefing: A Very Patented Christmas â The Quirkiest Inventions for the Holiday Season
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#WorkforceWednesday: Invention Ownership - Why the Tense Matters in Employee IP Provisions - Employment Law This WeekÂŽ - Spilling Secrets Podcast
Patent Dual-application Strategy in China
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Risk Prevention Strategies: Ownership of Employee-Developed Inventions and Intellectual Property
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
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
Bearbox LLC v. Lancium LLC, Appeal No. 2023-1922 (Fed. Cir. Jan. 13, 2025) In this weekâs Case of the Week, the Federal Circuit affirmed a district courtâs determination that appellants Bearbox and Austin StormsâBearboxâs...more
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
As 2024 draws to a close, several crucial developments â some aimed at modernizing long-standing legal practices, others addressing emerging challenges â have reached patent law. Originally published in Law360 - December...more
The US Court of Appeals for the Federal Circuit clarified that a technical expert does not need to have been a person of ordinary skill in the art (POSITA) at the time of the invention. Instead, they may rely on...more
The US Court of Appeals for the Federal Circuit affirmed the International Trade Commissionâs (ITC) determination that the asserted process patents were invalid under the America Invents Act (AIA) because products made using...more
Allergan USA, Inc. v. MSN Laboratories Private Ltd., Appeal No. 2024-1061 (Fed. Cir. August 13, 2024) In this weekâs Case of the Week, the Federal Circuit clarifies rules relating to when an applicantâs patent can be...more
This decision emphasizes the significance of broader public dissemination to meet the statutory requirement of âpublicly disclosedâ for purposes of exceptions to prior art under 35 U.S.C. § 102(b)(2)(B)....more
The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board decision that a private sale of a product embodying the claimed invention did not qualify as a âpublic disclosureâ under 35 U.S.C. §...more
Sanho Corp. v. Kaijet Technology International Limited Inc., Appeal No. 2023-1336 (Fed. Cir. July 31, 2024) In our Case of the Week, the Federal Circuit held that the private but non-confidential sale of thousands of...more
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
Every month, Eriseâs patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Federal Circuit Affirms PTABâs Analogous Art Finding - As IP Watchdog...more
The US Court of Appeals for the Federal Circuit affirmed a district courtâs decision to correct inventorship in a post-issuance inventorship dispute, finding that the alleged joint inventorsâ contributions were significant...more
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
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 Courtâs ruling that David Howard should be...more
The US Court of Appeals for the Federal Circuit affirmed a decision to correct inventorship, finding that the alleged joint inventorâs contribution to a claimed invention was significant and adequately corroborated by...more
The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board, holding that the Board did not err in finding certain challenged claims nonobvious and not unpatentable based on a showing of several...more
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 inventorâs contribution to...more
Yita LLC v. MacNeil IP LLC, Appeal Nos. 2022-1373, -1374 (Fed. Cir. June 6, 2023) In appeals from two inter partes reviews before the Patent Trial and Appeal Board (the Board) on related patents, the Federal Circuit...more
Efforts by HIP, Inc. to have David Howard added as an inventor to Hormelâs 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
PATENT CASE OF THE WEEK - Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022) - In its only precedential patent decision this week, the Federal Circuit answered a question that had long occupied the musings...more
On June 6, the U.S. Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications - As described in a...more
In a recent opinion by the Federal Circuit, Auris Health, Inc. v Intuitive Surgical Operations, Inc., Case 2021-1732, the panel split on the weight of general industry skepticism in an obviousness analysis and split on...more
The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more