Key IP Issues for the Next President and Congress to Tackle: AI and Patent Subject Matter Eligibility
The next administration is expected to focus on addressing IP law issues related to AI, including deepfakes and copyright for AI training.
Voluntary Dismissals and Attorney Fees
The interpretation of attorney fees in copyright and patent cases is influenced by circuit splits regarding voluntary dismissals and prevailing party status.
Key IP Issues for the Next President and Congress to Tackle: AI and Patent Subject Matter Eligibility
The next administration is expected to focus on addressing IP law issues related to AI, including deepfakes and copyright for AI training.
Voluntary Dismissals and Attorney Fees
The interpretation of attorney fees in copyright and patent cases is influenced by circuit splits regarding voluntary dismissals and prevailing party status.
Trade Secrets and AI Systems: The Future of Trade Secret Protection in Business
Trade secret litigation is increasingly preferred over patents for protecting AI-related intellectual property due to its unique challenges.
A Review of Emerging Technologies with Implications for IP
AI is transforming the legal landscape, especially concerning intellectual property and patent law.
The RESTORE Patent Rights Act: One Little Sentence that Could Change Everything
The RESTORE Patent Rights Act could significantly alter how patents are enforced by establishing a new presumption for granting injunctions.
Only Congressional Patent Reform Can Restore Constitutional Rights
Congressional approval of PERA and PREVAIL acts is essential to restore inventors' property rights and uphold the principles of intellectual property.
Supreme Court denies Cert
The Supreme Court dismissed all patent cases in its first conference of the October 2024 term, indicating a possible shift in focus away from patent law.
IP Organizations Want More on USPTO's AI Patent Eligibility Guidance
The USPTO's updated SME guidance receives mixed feedback, emphasizing the need for clarity to foster innovation in AI patent eligibility.
Trade Secrets and AI Systems: The Future of Trade Secret Protection in Business
Trade secret litigation is increasingly preferred over patents for protecting AI-related intellectual property due to its unique challenges.
A Review of Emerging Technologies with Implications for IP
AI is transforming the legal landscape, especially concerning intellectual property and patent law.
The RESTORE Patent Rights Act: One Little Sentence that Could Change Everything
The RESTORE Patent Rights Act could significantly alter how patents are enforced by establishing a new presumption for granting injunctions.
Only Congressional Patent Reform Can Restore Constitutional Rights
Congressional approval of PERA and PREVAIL acts is essential to restore inventors' property rights and uphold the principles of intellectual property.
Supreme Court denies Cert
The Supreme Court dismissed all patent cases in its first conference of the October 2024 term, indicating a possible shift in focus away from patent law.
IP Organizations Want More on USPTO's AI Patent Eligibility Guidance
The USPTO's updated SME guidance receives mixed feedback, emphasizing the need for clarity to foster innovation in AI patent eligibility.
The next USPTO director must uphold the historical American patent model to ensure competitiveness against countries like China.
The Future is Global: SEP Licensing in China, the UK and EU in 2024
Global influences, especially from China, are reshaping Standard Essential Patent licensing dynamics, emphasizing the need for collaboration and transparency.
The Fox Who Would Guard the USPTO Henhouse
The next USPTO director must uphold the historical American patent model to ensure competitiveness against countries like China.
The Future is Global: SEP Licensing in China, the UK and EU in 2024
Global influences, especially from China, are reshaping Standard Essential Patent licensing dynamics, emphasizing the need for collaboration and transparency.
Director Review Clarified Co-Defendant IPR Challenge Rights in 2024
Recent USPTO Director decisions clarify definitions of RPI and privity related to multi-defendant IPR petitions, impacting discretionary denials substantially.
Ten Tips for Writing Winning PTAB Briefs
Patent owners in IPR proceedings face dismal chances, but strong, well-supported arguments in briefs can significantly improve their odds.
Director Review Clarified Co-Defendant IPR Challenge Rights in 2024
Recent USPTO Director decisions clarify definitions of RPI and privity related to multi-defendant IPR petitions, impacting discretionary denials substantially.
Ten Tips for Writing Winning PTAB Briefs
Patent owners in IPR proceedings face dismal chances, but strong, well-supported arguments in briefs can significantly improve their odds.
Return Mail Becomes Latest 101 Petition Denied by SCOTUS
The Supreme Court denied a petition from Return Mail, leaving lower court rulings against its patent claims intact and highlighting issues in Section 101 interpretations.
Supreme Court Asked to Address Constitutionality of Judge Newman Removal
Miller Mendel's petition challenges the Federal Circuit's dismissal of its software patent as an abstract idea, raising critical patent law questions.
The case underlines concerns regarding judicial independence and the authority of Article III judges.
Supreme Court Patent Cases - November 2024
The Supreme Court is reviewing several patent eligibility cases, particularly in the software sector, amidst ongoing legal challenges.
Eight patent-related certiorari petitions are currently pending before the Supreme Court.
Text vs Precedent: Celanese and the Secret Process On-Sale Bar
The Supreme Court may resolve the significant issue of whether sales from secret processes can impact patent protection after the on-sale bar.
The Long Arm Reaching Too Far? Supreme Court Asked to Review Personal Jurisdiction via Amazon's APEX Program
The Supreme Court may soon address personal jurisdiction based on a patentee's use of Amazon's patent enforcement system.
Return Mail Becomes Latest 101 Petition Denied by SCOTUS
The Supreme Court denied a petition from Return Mail, leaving lower court rulings against its patent claims intact and highlighting issues in Section 101 interpretations.
Supreme Court Asked to Address Constitutionality of Judge Newman Removal
Miller Mendel's petition challenges the Federal Circuit's dismissal of its software patent as an abstract idea, raising critical patent law questions.
The case underlines concerns regarding judicial independence and the authority of Article III judges.
Supreme Court Patent Cases - November 2024
The Supreme Court is reviewing several patent eligibility cases, particularly in the software sector, amidst ongoing legal challenges.
Eight patent-related certiorari petitions are currently pending before the Supreme Court.
Text vs Precedent: Celanese and the Secret Process On-Sale Bar
The Supreme Court may resolve the significant issue of whether sales from secret processes can impact patent protection after the on-sale bar.
The Long Arm Reaching Too Far? Supreme Court Asked to Review Personal Jurisdiction via Amazon's APEX Program
The Supreme Court may soon address personal jurisdiction based on a patentee's use of Amazon's patent enforcement system.
A Court's Inherent Authority is Not to Be a Broad Reservoir of Power
PSP's case was dismissed, leading to sanctions for filing a frivolous lawsuit under the district court's inherent authority.
CAFC Says Letter Sent to Colorado Address Triggers On-Sale Bar
The CAFC ruled that a letter from Crown Packaging constituted a commercial offer for sale, impacting the validity of its patents under the on-sale bar.
Eckert Seamans is Seeking a Agent or Patent Attorney with an Electrical Engineering Background - IPWatchdog.com | Patents & Intellectual Property Law
Eckert Seamans seeks a Patent Agent or Attorney with electrical engineering expertise for a full-time position, offering flexible work options.
Patterson + Sheridan, LLP is Seeking a Technical Advisor, Patent Agent, or Associate - IPWatchdog.com | Patents & Intellectual Property Law
Patterson + Sheridan, LLP seeks technical professionals for patent law, prioritizing those with backgrounds in AI/ML, Electrical Engineering, and related fields.
Eckert Seamans is Seeking a Agent or Patent Attorney with an Electrical Engineering Background - IPWatchdog.com | Patents & Intellectual Property Law
Eckert Seamans seeks a Patent Agent or Attorney with electrical engineering expertise for a full-time position, offering flexible work options.
Patterson + Sheridan, LLP is Seeking a Technical Advisor, Patent Agent, or Associate - IPWatchdog.com | Patents & Intellectual Property Law
Patterson + Sheridan, LLP seeks technical professionals for patent law, prioritizing those with backgrounds in AI/ML, Electrical Engineering, and related fields.
USPTO has withdrawn a proposed rule that could have imposed new limitations on terminal disclaimers, ensuring a predictable patent environment for the biopharmaceutical sector.
USPTO's Final Rule on FY 2025 Patent Fees Drops Divisive Proposals for Across-the-Board Hikes
The USPTO announced a 7.5% fee increase while dropping highly controversial fee proposals from the April 2024 NPRM.
USPTO Terminates Thousands of Chinese Patent Applications Due to Forged Attorney/Agent Signatures
The USPTO ended 3,100 patent applications due to fraudulent signature use, impacting largely Chinese companies unfairly.
USPTO Timeliness Slipping: Patent Term Adjustment Data Shows Growing Examination Delays
The USPTO is struggling with timely processing of patent applications, evident from increased Patent Term Adjustment awards.
USPTO has withdrawn a proposed rule that could have imposed new limitations on terminal disclaimers, ensuring a predictable patent environment for the biopharmaceutical sector.
USPTO's Final Rule on FY 2025 Patent Fees Drops Divisive Proposals for Across-the-Board Hikes
The USPTO announced a 7.5% fee increase while dropping highly controversial fee proposals from the April 2024 NPRM.
USPTO Terminates Thousands of Chinese Patent Applications Due to Forged Attorney/Agent Signatures
The USPTO ended 3,100 patent applications due to fraudulent signature use, impacting largely Chinese companies unfairly.
USPTO Timeliness Slipping: Patent Term Adjustment Data Shows Growing Examination Delays
The USPTO is struggling with timely processing of patent applications, evident from increased Patent Term Adjustment awards.
The case explores how dismissals in one patent litigation can affect the validity and enforceability of patents across concurrent lawsuits.
Safe Harbor at a Crossroads: Examining Regulatory Development Shield of 271(e)(1) in Edwards v. Meril
The Supreme Court's review of Edwards Lifesciences Corp. v. Meril Life Sciences could redefine the Hatch-Waxman Act's safe harbor provision regarding regulatory and commercial activity scope.
True Respect for Textualism Requires Patent Eligibility Reform
The discussion on patent eligibility highlights the tension between textualism and judicial activism, particularly in how courts interpret patent laws.
The Rise of 'Non-Transitory' Claims: How a Single Word Became Key to Software Patent Eligibility
The percentage of utility patents with 'non-transitory' software claims has increased significantly, reflecting the evolving role of software in patent law.
True Respect for Textualism Requires Patent Eligibility Reform
The discussion on patent eligibility highlights the tension between textualism and judicial activism, particularly in how courts interpret patent laws.
The Rise of 'Non-Transitory' Claims: How a Single Word Became Key to Software Patent Eligibility
The percentage of utility patents with 'non-transitory' software claims has increased significantly, reflecting the evolving role of software in patent law.
Other Barks & Bites for Friday, October 11: DOJ Proposes Breaking Up Google in Ongoing Monopoly Case; Ozempic Maker Settles Patent Infringement Lawsuit; and the CAFC Revives a Patent Infringement Lawsuit Against Salesforce
The U.S. government is addressing key legal and economic issues impacting technology and agriculture sectors, highlighting concerns over monopolistic practices and innovation restraints.
The PTAB upheld a utility patent for a maize variety developed through simple crossbreeding, emphasizing the importance of genotypic considerations in patent claims.
Other Barks & Bites for Friday, October 11: DOJ Proposes Breaking Up Google in Ongoing Monopoly Case; Ozempic Maker Settles Patent Infringement Lawsuit; and the CAFC Revives a Patent Infringement Lawsuit Against Salesforce
The U.S. government is addressing key legal and economic issues impacting technology and agriculture sectors, highlighting concerns over monopolistic practices and innovation restraints.
The PTAB upheld a utility patent for a maize variety developed through simple crossbreeding, emphasizing the importance of genotypic considerations in patent claims.
Patent claim construction can occur at the motion-to-dismiss stage, and plural terms may sometimes be interpreted as singular.
NPEs Have No Obligation to Mark Under the Statute-and that Should Extend to an NPE's Settlement Licensees
NPEs can collect patent infringement damages without product marking obligations, but must ensure licensees mark products to avoid limitations on their recovery.
Recent Patent Law Scholarship
Patent law discourse is evolving through diverse academic insights, prompting critical analysis of eligibility, gene patenting, and AI roles in invention.
from IPWatchdog.com | Patents & Intellectual Property Law