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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 -
Baker Botts L.L.P.

Federal Circuit Refines Section 101 Eligibility as Applied to Machine Learning Patents

Baker Botts L.L.P. on

On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., affirming dismissal, by the District Court of...more

Beacon Insights by JD Supra

The Year in Intellectual Property Law – 2024 Popular Reads on JD Supra

Beacon Insights by JD Supra on

File under: a year-end recap of some of the most widely read IP updates, analysis, and guidance published on JD Supra throughout 2024....more

Beacon Insights by JD Supra

The Year in Patent Litigation – 2024 Popular Reads on JD Supra

Beacon Insights by JD Supra on

File this: A roundup of some of the most widely read patent litigation updates, analysis, and guidance published on JD Supra throughout 2024....more

Baker Donelson

A Baker's Dozen of Patent Law Developments for 2024

Baker Donelson on

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

Falcon Rappaport & Berkman LLP

Cannabis Rescheduling – A Look Towards the Future of the Industry

Falcon Rappaport & Berkman LLP on

The Drug Enforcement Administration (DEA) will call for cannabis to be rescheduled according to a report by the Associated Press. The anticipated rescheduling follows the Department of Health & Human Services’ (HHS) August...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

Cadwalader, Wickersham & Taft LLP on

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Foley & Lardner LLP

4 Takeaways of USPTO Analysis of AI on IP

Foley & Lardner LLP on

The United States Patent and Trademark Office (USPTO) published a report digesting the feedback it received concerning issues of patent policy for artificial intelligence (AI) technologies. The report, “Public Views on...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

McDonnell Boehnen Hulbert & Berghoff LLP

Artificial Intelligence-based Patents: Perspectives for Practitioners and Patent Owners

McDonnell Boehnen Hulbert & Berghoff LLP on

Innovations involving artificial intelligence (AI) and machine-learning (ML) are being developed at an ever-accelerating pace. For example, as illustrated in Figure 1, the number of patent applications published by the United...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

Jones Day

When Innovation Invents: Artificial Intelligence Issues at the U.S. Patent and Trademark Office

Jones Day on

The Situation: Artificial intelligence ("AI") is growing more powerful and gaining application in many areas. AI can now create new innovation on its own, without a human inventor—a capability that will only expand as...more

Husch Blackwell LLP

USPTO Issues Guidance On CBD And Hemp Trademarks After The 2018 Farm Bill

Husch Blackwell LLP on

Trademark practitioners, hemp producers, and hemp-derived product manufacturers have long struggled with the clash of federal and state law regarding protection of trademarks with the United States Patent and Trademark Office...more

Foley Hoag LLP - Making Your Mark

10 Trademark Cases About Yo Mama

Foley Hoag LLP - Making Your Mark on

Anna Jarvis led the efforts to establish the first official celebration of Mother’s Day in 1908, during which she honored her own mother, Ann Maria Reeves Jarvis, a Civil War-era social activist. But about a dozen years after...more

Foley Hoag LLP - Making Your Mark

A Tale Of Two Hats: Trademark “Use In Commerce” Expanded In A Potentially Game-Changing Decision

Foley Hoag LLP - Making Your Mark on

Our readers no doubt understand that trademark use is the basis for trademark protection in the U.S. But all use is not created equal, and sometimes it’s not so easy to tell whether a trademark is actually used in a manner...more

Ballard Spahr LLP

Federal Circuit Narrows Availability of CBM Patent Review

Ballard Spahr LLP on

In a key decision that both patent owners and accused infringers need to be aware of, the U.S. Court of Appeals for the Federal Circuit has significantly narrowed the availability of "covered business method" (CBM) patent...more

Morrison & Foerster LLP - Social Media

#Trademarks?: Hashtags as Trademarks Revisited

Morrison & Foerster LLP - Social Media on

Since our previous article on the emerging issue of trademark rights in hashtags, the use of hashtags in social media marketing has continued to grow. Described as the “ignition keys to a social media keyword search,”...more

Faegre Drinker Biddle & Reath LLP

Federal Circuit May Invalidate 30,000 Patents in Immersion v. HTC

Faegre Drinker Biddle & Reath LLP on

Procrastinating patent prosecution attorneys took notice when Delaware District Court Judge Richard G. Andrews threw out the longstanding accepted practice that a continuation application may be filed on the issue date of a...more

Womble Bond Dickinson

USPTO to Implement Significant Rule Changes for AIA Trial Proceedings Impacting Both Petitioners and Patent Owners

Womble Bond Dickinson on

The United States Patent and Trademark Office (USPTO) has released the final set of the latest round of changes to the rules governing inter partes review, post grant review, and other AIA trial proceedings before the Patent...more

BakerHostetler

Sequenom Asks the Supreme Court to Clarify the Limits on Section 101

BakerHostetler on

On March 21, 2016, Sequenom filed a writ of certiorari with the U.S. Supreme Court, asking the Court to provide clarification regarding the limits of 35 U.S.C §101 as it relates to patent eligibility of diagnostic tests....more

Mintz - Intellectual Property Viewpoints

What are the USPTO’s Patent Plans for Fiscal Year 2017?

Mintz - Intellectual Property Viewpoints on

The U.S. Patent and Trademark Office (USPTO) explains several patent prosecution trends, goals, and programs to justify proposed spending of its collected fees in its recently-issued Fiscal Year 2017 Congressional...more

Troutman Pepper

Patent Trial and Appeal Board Adds Two More Cases to its List of Precedential and Informative Decisions

Troutman Pepper on

Earlier this month, the Patent Trial and Appeal Board (PTAB) added two decisions to its list of “precedential” opinions for the USPTO’s new proceedings for challenging patents under the America Invents Act. The list (which...more

Fenwick & West LLP

Overview of Comments on the USPTO's July 2015 Update to the Interim Examination Guidance

Fenwick & West LLP on

In late July, the USPTO issued its July 2015 Update to the 2014 Interim Section 101 Patent Eligibility Guidance (IEG). The July 2015 Update addresses a number of the issues and concerns raised in the public comments to the...more

BakerHostetler

USPTO Pilot Program: Trademark Registrations May Now Be Broadened To Account For Evolving Technology

BakerHostetler on

Trademark Office rules generally prohibit the broadening of goods and services identified in existing trademark registrations. But on September 1, the USPTO announced a new pilot program that will create a limited exception...more

Stoel Rives LLP

Filing a New ITU Trademark Application? Be Prepared to Prove Your Intent

Stoel Rives LLP on

Staking an early claim to a brand has inspired many hasty (and sometimes ill-advised) trademark applications. For example, trademark applications representing political rallying cries and pop culture slogans such as JE SUIS...more

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