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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Proskauer - The Patent Playbook

Value and Risk of Overlapping Intellectual Property Protections

Proskauer - The Patent Playbook on

A well-orchestrated intellectual property strategy requires carefully and thoughtfully leveraging copyright, trademark, and patent laws, as highlighted by a recent decision handed down by the United Sates Court of Appeals for...more

Knobbe Martens

Federal Circuit Review | April 2025

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In Ams-Osram USA Inc. v. Renesas Electronics America, Inc., Appeal No. 22-2185, the Federal Circuit held that under Texas law, a trade secret becomes publicly accessible on the earliest date it could be reverse engineered...more

Flaster Greenberg PC

Chevron’s Demise and Its Effect on Intellectual Property & Its Governing Agencies

Flaster Greenberg PC on

For many, the demise of Chevron – the doctrine by which agencies enjoy deference in interpreting ambiguous statutes – has long been coming. While Chevron’s demise, and the resulting resurgence of Skidmore, is likely to lead...more

Baker Botts L.L.P.

Be an Expert: Precedential PTAB Decision on Conclusory Expert Testimony

Baker Botts L.L.P. on

A recent precedential decision from the Patent Trial and Appeal Board (“PTAB”) may serve as a warning for those parties who plan on relying on expert declarations in their inter partes reviews (“IPR”). On August 24, 2022, the...more

Baker Donelson

A Baker's Dozen of Patent Law Developments for 2024

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The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more

Foley Hoag LLP

In Re Cellect: What’s The Issue and What to Expect

Foley Hoag LLP on

What Congress has guaranteed, the courts have taken away - The Supreme Court is about to receive a Petition for Certiorari in a case that impacts how long a patent protects new inventions, we expect. Specifically, the case...more

Sheppard Mullin Richter & Hampton LLP

USPTO Issues Additional Guidance on Use of AI Tools in Connection with USPTO Matters

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The USPTO issued guidance on February 6, 2024 that clarified existing rules and policies and discussed how to apply them when AI is used in the drafting of submissions to the Patent Trial and Appeal Board (PTAB) and Trademark...more

American Conference Institute (ACI)

[Event] 14th Summit on Biosimilars & Innovator Biologics - June 27th - 28th, Boston, MA

American Conference Institute (ACI) on

Biologics have become the fastest-growing class of therapeutic compounds. They have provided innovative treatment alternatives for people who suffer from some of the most serious medical conditions known to man. The...more

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

PTAB Strategies and Insights Newsletter - May 2023: Case Highlights: PTAB Precedential and Informative Decisions, Director Review...

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

This recurring feature highlights any new PTAB precedential and/or informative decisions, any new substantive Director review decisions, and any new substantive decisions issued by the Precedential Opinion Panel (POP). The...more

McNees Wallace & Nurick LLC

2022 Patent Law Recap: IPR Argument Strategy, Artificial Intelligence, and Forum Selection Clauses

McNees Wallace & Nurick LLC on

TWO GUNS, BUT ONLY ONE BULLET, OR, ONCE IN IPR, DO NOT SAVE YOUR ARGUMENTS FOR LITIGATION A patent can be challenged in court as a defense to an infringement action or through an administrative proceeding before the U.S....more

MoFo Life Sciences

The USPTO And The FDA Join Hands To Promote Competition

MoFo Life Sciences on

On November 15, 2022, the Berkeley Center for Law and Technology hosted a webinar to address the recent, unprecedented collaboration between the U.S. Patent and Trademark Office (USPTO) and the Food and Drug Administration...more

Fish & Richardson

Biosimilars 2021 Year in Review

Fish & Richardson on

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. The biosimilar market also...more

Fox Rothschild LLP

How To Patent Software And Computer-Implemented Business Methods In The US And Abroad

Fox Rothschild LLP on

It is well known that in the U.S., abstract ideas, laws of nature, natural phenomena, and products of nature are all excluded from patenting under 35 U.S.C. § 101. This article briefly outlines various U.S. approaches to...more

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

COVID-19 Vaccine Leader Moderna “Not Aware of Any Significant Intellectual Property Impediments” in Development of its Vaccine...

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

Moderna, one of the global leaders in developing a safe and effective vaccine to combat COVID-19, appears poised to get through clinical trials with a vaccine that is based on mRNA technology. As was recently announced,...more

Haug Partners LLP

Apple Inc. v. Voip-Pal.com, Inc., No. 18-1456, 2020 U.S. App. LEXIS 30820 (Fed. Cir. Sept. 25, 2020)

Haug Partners LLP on

In a consolidated appeal from the USPTO’s Patent Trial and Appeal Board, Apple, Inc. challenged the Patent Trial and Appeal Board’s (“Board”) determination that Voip-Pal.com, Inc.’s patents were not obvious over the prior...more

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

Silicon Valley Challenges the PTAB’s NHK-Fintiv Rule: Can IPRs Be Denied Based on Non-Statutory Factors?

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

Last week, four major technology companies – Apple, Cisco, Google, and Intel – brought suit against the United States Patent and Trademark Office (“USPTO”), challenging its authority to reject petitions for inter...more

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

Global Patent Prosecution - August 2020

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

In April, the Supreme People’s Court of China published a draft for comment for “Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases Involving Patent Authorization and...more

McDermott Will & Schulte

Special Report - 2019 IP Law Year in Review - Patents

McDermott Will & Schulte on

2019 was another milestone year in intellectual property law that resulted in hundreds of decisions by the courts and Patent Trial and Appeal Board (PTAB) that will affect your company’s litigation, patent prosecution or...more

Faegre Drinker Biddle & Reath LLP

Artificial Intelligence at the Patent Trial and Appeal Board

Faegre Drinker Biddle & Reath LLP on

Since the United States Patent and Trademark Office (USPTO) released its 2019 Revised Patent Subject Matter Eligibility Guidance, the Patent Trial and Appeal Board (PTAB) has published over 50 decisions that apply the...more

Sheppard Mullin Richter & Hampton LLP

Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 1

Sheppard Mullin Richter & Hampton LLP on

This article is the first of a five-part series of articles dealing with what patentability of machine learning looks like in 2019. This article begins the series by describing the USPTO’s 2019 Revised Patent Subject Matter...more

Weintraub Tobin

Online Gaming Case Addresses Trigger For One-Year IPR Filing Deadline

Weintraub Tobin on

When sued for patent infringement, a defendant can still petition for inter partes review (“IPR”) of the asserted patent at the United States Patent and Trademark Office (“USPTO”) if the petition is filed within one year of...more

Brownstein Hyatt Farber Schreck

Patent System Stakeholders Underutilizing Open Data Resources at the USPTO

Brownstein Hyatt Farber Schreck on

Fostering and supporting innovation is, quite literally, the mission of the United States Patent and Trademark Office (USPTO). To advance this mission, the USPTO hosts a suite of web portals that empowers patent applicants,...more

Foley & Lardner LLP

Federal Circuit Demotes Unconstitutionally Appointed PTAB Judges

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With the Supreme Court in Oil States v. Greene’s Energy holding IPRs constitutional under Article III, and the Federal Circuit in Celgene v. Peter holding the retroactive use of IPRs against pre-AIA patents not to be an...more

BakerHostetler

Director of PTO Requests Chevron Deference for Precedential Opinion Panel

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The Federal Circuit recently asked the government to submit an amicus brief to address “what, if any, deference should be afforded to decisions of a Patent Trial and Appeal Board Precedential Opinion Panel (‘POP’), and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Novartis Pharmaceuticals Corp. v. Par Pharmaceutical Inc. (D. Del. 2019)

McDonnell Boehnen Hulbert & Berghoff LLP on

Last week, in Novartis Pharmaceuticals Corp. v. Par Pharmaceutical Inc., District Judge Richard G. Andrews of the U.S. District Court for the District of Delaware granted a Motion for Estoppel under 35 U.S.C. § 315(e)(2)...more

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