Strategies For Patenting AI Innovations In Life Sciences
An article authored by Dan Rudoy titled “Strategies for Patenting AI Innovations In Life Sciences” appeared in the July/August issue of Life Science Leader. Read more.
Articles
Patent Coverage of Impossible Embodiments: A Cautionary Tale for Patent Owners, and Lingering Questions
(as published by the New York Law Journal) Patent owners asserting their patents in litigation will often seek broad claim constructions to cover accused products and forestall defendants’ non-infring...
INSIGHT: Supreme Court's Brunetti Ruling: Scandalous and Immoral Marks Are Fair Game
(As published by Bloomberg) OVERVIEW: The U.S. Supreme Court struck down the Lanham Act’s bar on registering immoral or scandalous marks on June 24, allowing federal trademark protection for “immoral ...
Supreme Court: Licensee may use trademark after bankruptcy rejection, subject to license
An article by John Strand and Ethan Marks titled “Supreme Court: Licensee may use trademark after bankruptcy rejection, subject to license” was published in Thomson Reuters Westlaw Journal. Read more.
Federal Circuit Report: What Is the Key to Unlocking the Federal Circuit's Divided Infringement Test?
An article co-authored by Hunter Keeton titled “What Is the Key to Unlocking the Federal Circuit’s Divided Infringement Test?” was published in the May/June 2019 issue of IP Litigator. Read more.
In Follow-On IPR Petitions, Different Prior Art May Not Be Considered Substantially Different
An IPR follow-on petitioner may find it particularly challenging to select the best prior art references and arguments to submit to the PTAB. To make matters worse, the PTAB may decide to invoke its d...
ALJ McNamara Finds Violation by Apple in Second Qualcomm Investigation & Recommends Remedy Despite Public Interest Arguments
(as published by ITC TLA) In the Matter of CERTAIN MOBILE ELECTRONIC DEVICES AND RADIO FREQUENCY AND PROCESSING COMPONENTS THEREOF (II), Inv. No. 337-TA-1093, Initial Determination and Recommended Rem...
PTAB Panel Denies IPR Institution Under § 314(a) in View of Parallel District Court Litigation
For months, panels at the PTAB have debated the relevance of parallel district court litigation on the PTAB’s discretion under 35 U.S.C. § 314(a) to institute or deny a petition for IPR. On May 7, 201...
How to Protect Your Products in a Competitive Market
(as published here by Startup Nation) Startups thrive on innovation and disruption, finding new ways to tackle challenges and devise solutions. However, many new businesses don’t have a strong underst...
The Internet is Forever: Costs of Oversharing Online
A critical and early determinant in any procedural review is an examination of the permissibility of individual pieces of evidence. In matters of intellectual property, and particularly in IPRs, the p...
Did I Say That? The Narrow Divide Between § 102 and § 112 Arguments
While a line of argument in an IPR may seem promising to a patent owner addressing one particular ground of rejection, it is critical for the patent owner to analyze how the argument may impact other ...
Are snack bars related to energy drink powders and bicycles?
John L. Welch's article titled "Are snack bars related to energy drink powders and bicycles?" was published by World Trademark Review Daily. Read more (subscription required).