Lessons on Inherency Challenges After Hospira v. Fresenius Kabi USA
An article by Jonathan Roses titled "Lessons on inherency challenges after Hospira v. Fresenius Kabi USA" was published by Westlaw Journal. Read more.
Patent (4)
Strategies for Patenting Artificial Intelligence Innovations in the Life Sciences
An article written by Emily Gardel and Dan Rudoy titled "Strategies for Patenting Artificial Intelligence Innovations in the Life Sciences" was published in The Licensing Journal. Read more.
Can Amendment Save Your Claims in IPR?
In the past, moving to amend the challenged claims during IPR was largely futile. The PTAB denied nearly all motions to amend, and many patent owners that might have benefited from amendment chose not...
Continued Uncertainty About Estoppel Highlights the Importance of Preparing Carefully
Challengers in post-grant proceedings like IPR may not reassert invalidity arguments in court that they “raised or reasonably could have raised” before the PTAB. Several recent cases illustrate that w...
Invention: Coming Up with an Idea and Making It Work
(as published by DesignNews) At the core of every patent application are its inventors. For both large and small companies, differing opinions on input into the invention and internal politics frequen...
Boston Patent Law Association Response to USPTO Request for Comments on Patenting Artificial Intelligence Inventions
Jonathan Roses was the lead author on behalf of the Boston Patent Law Association's (BPLA’s) Patent Office Practice Committee of a November 2019 Response to USPTO Request for Comments on patenting art...
Understanding Foreign Filing License Requirements
An article written by Michele Moresco titled "Understanding Foreign Filing License Requirements" was published by Industry Today. Read more.
Federal Circuit Declines to Take Up Winning-Petitioner Estoppel
The Federal Circuit recently declined to consider whether a successful IPR petitioner is estopped from making its winning invalidity arguments in district court. If a winning petitioner does face esto...
Strategies For Patenting AI Innovations In Life Sciences
Dan Rudoy and Emily Gardel's article, titled “Strategies for Patenting AI Innovations In Life Sciences” appeared in the July/August issue of Life Science Leader. Read more.
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...
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 ...
Could Secret Sales Bar Your Ability to Patent a Medical Device?
Michelle Nyein and Mike Pomianek's article titled “Could Secret Sales Bar Your Ability to Patent a Medical Device?” was published Medical Device and Diagnostic Industry (MD+DI). Read more.