Article, Invention and Litigation - Intellectual Property Pulse

The relevance of G 2/21 to machine learning inventions (T 2803/18)

The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

Invention

Invention Art Patent Reporting

New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated.

Art

Art Journalism Patent Law Invention

Guest Post by Profs. Lemley & Ouellette: Fixing Double Patenting

Patently-O

JULY 9, 2024

In our new draft article, Fixing Double Patenting , we argue that this outcry is unwarranted. These efforts will enable inventors and the USPTO to focus on what should be important—inventing and patenting new inventions rather than multiplying patents on trivial variants of old inventions.

Patent

Patent Invention Inventor Litigation

Associate Casey Kraning Authors Article for The National Law Journal “Congress and the America Invents Act – An Update on Recent Developments in the Senate”

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 30, 2022

Read the full article in The National Law Journal. Several Senate bills have been proposed over the last year to enact changes to the America Invents Act relating to post-grant practice before the Patent Trial and Appeal Board. PDF copy available. Patrick Leahy, D-Vermont, and John Cornyn, R-Texas.

Journalism

Journalism Invention Law Litigation

New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated.

Journalism

Journalism Art Patent Law Invention

How to Successfully License Consumer Products | IPWatchdog Unleashed

IP Watchdog

AUGUST 5, 2024

If you are an inventor of a consumer product there are reputable companies looking for inventions and ideas to bring to market, and their business model is built on taking products to market over and over again, and they are in constant need of new products and improvements.

Licensing

Licensing Inventor Invention Marketing

The SPC alphabet: Are combination product SPCs precluded by Article 3(a), (c) and/or (d)?

The IPKat

DECEMBER 13, 2021

A new referral to the CJEU from the Finish Market Court seeks clarification on the interpretation of Article 3(c) of the SPC Regulation with respect to combination products. Are combination products ruled out from SPC protection under Article 3(d)? Article 3 of the SPC Regulation is provided below (*) for reference.

Invention

Invention Marketing Marketing Patent

Seeing Clearly: Article III Standing of IPR Judicial Review

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. The Federal Circuit dismissed Allgenesis’s appeal because Allgenesis failed to establish Article III standing to appeal. He has an extensive background in chemistry, food science, and viticulture.

Art

Art Business Patent Settlement

Keeping up with Belgian patent litigation: Year case law review 2021

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

Litigation

Litigation Law Patent Invention

Guest Post: DABUS Gains Traction: South Africa Becomes First Country to Recognize AI-Invented Patent

Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Like the ‘conception’ test in American patent law – the object of the test is to determine the identity of the ‘devisor’ of the invention. Dr. Christian E.

Invention

Invention Patent Inventor Intellectual Property

Blow to Computer-Implemented Inventions: Canadian Court of Appeal Strikes Down the Subject-Matter Eligibility Test

IP Watchdog

SEPTEMBER 13, 2023

2023 FCA 168], a 3-0 decision, recently set aside the test on subject matter eligibility of computer-implemented inventions laid down by the Federal Court [2022 FC 923] last year. Benjamin Moore & Co.

Invention

Invention Patent Litigation Technology

Combining Multiple Inventions into a Single Patent Application: Risks vs. Cost Savings

LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patent application worth the cost savings? thegem-vc-text.thegem-custom-640f87a71087f6782{display: block!important;}}@media

Patent Application

Patent Application Invention Patent Licensing

Presenting the Evidence for Patent Eligibility Reform: Part III – Case Studies and Litigation Data Highlight Additional Evidence of Harm

IP Watchdog

OCTOBER 18, 2022

Other robust evidence shows that current Section 101 law has harmed innovation by removing the incentives to develop and commercialize particular inventions of public importance.

Litigation

Litigation Patent Invention Law

Petitioner Failed to Establish Standing in IPR Appeal

Intellectual Property Law Blog

DECEMBER 15, 2023

Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. Issues Does Allgenesis have standing under Article III to seek review of the PTAB’s decision? Allgenesis Biotherapeutics Inc.

Marketing

Marketing Marketing Settlement Patent

UPC Central Division Discards EPO Approach to Obviousness in First Decision on the Merits

IP Watchdog

JULY 23, 2024

In its written decision the CD discussed the correct approach to claim interpretation and the assessment of inventive step. Supreme Court’s decision in May 2023: here, the first instance division of the UPC revoked the patent on the basis it lacks inventive step.

Invention

Invention Patent Litigation Intellectual Property

Fixing Double Patenting: The Procrustean Solution?

Patently-O

JULY 9, 2024

This post follows up with a discussion of a recent article titled “ Fixing Double Patenting ” released in draft form by Stanford Professors Mark Lemley and Lisa Larrimore Ouellette. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system.

Patent

Patent Invention Patent Application Art

Amici for Apple Tell SCOTUS Federal Circuit’s Article III Standing Ruling Violates Precedent, Upsets Congressional Intent in Enacting AIA Trials

IP Watchdog

JANUARY 10, 2022

In that ruling, the Federal Circuit found that Apple’s choice to enter a patent licensing agreement with Qualcomm covering the patents-at-issue extinguished Article III standing as to Apple’s appeals from the Patent Trial and Appeal Board (PTAB).

Licensing

Licensing Patent Invention Patent Infringement

ITC Patent Jurisdiction: Roku’s Petition and Contreras’ Critique

Patently-O

AUGUST 22, 2024

The petition focuses on the ITC’s “domestic industry” requirement, and the level of nexus required between substantial domestic investment, the scope of the asserted patent, and any articles that embody the patented invention.

Patent

Patent Invention Government Patent Infringement

Principals Moritz Ammelburg and Peter Fasse Author Managing IP Article “Coordinating Patent Prosecution in the U.S. and Europe”

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Read the full article on Managing IP. When applying for a patent at the USPTO, the applicant must name all inventors of the invention claimed in the patent application. Absent an assignment, each joint inventor may exploit the invention without the permission of, and without accounting to, the other joint inventors.

Patent Prosecution

Patent Prosecution Invention Inventor Patent

Cooperative v. Kollective CAFC Decision Demonstrates Virtues of Consistent and Candid Patent Prosecution and Litigation

IP Watchdog

OCTOBER 19, 2022

This case demonstrates how an invention that is potentially assailable on eligibility grounds can be given its best chance by a focused, consistent and synergistic patent prosecution and litigation strategy. Thus, it is not coincidental that your authors are a patent litigator and a patent prosecutor, respectively.

Patent Prosecution

Patent Prosecution Litigation Patent Invention

New IP Monetization Models Will Rely Less on Litigation in 2022

IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. From the perspective of the Intangible Investor, 2022 will be a year of new opportunities and transitional growth. grants for the first half of 2021.

IP

IP Litigation Inventor Licensing

Westward Look: Navigating the Divide between the Roles of Scientific Advisers and Expert Evidence in IP Litigation

SpicyIP

MARCH 27, 2024

So, we dive into the dispute over the role of scientific advisers versus expert evidence in IP litigation. While Dr. Hill claims she invented aspects of these inventions before her employment with Touchlight, the company disputes this. The further unfolding of the case will shed more light on this aspect.

Litigation

Litigation IP Intellectual Property Patent

New PatentlyO L.J. Article: What Every Patent and Trademark lawyer Should Understand About the MPEP, TMEP, and Other Guidance

Patently-O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Articles: Colleen Chien, Janelle Barbier, and Obie Reynolds, The AIA at Ten – How Much Does the Pre-AIA Prior Art Regime Still Matter? Cotter, Is Global FRAND Litigation Spinning Out of Control , 2021 PatentlyO Law Journal 1 (2021) ( Cotter.2021.GlobalFRANDLitigation

Journalism

Journalism Trademark Patent Patent Law

Velocity of Content

JULY 31, 2024

These misunderstandings extend to content used in end user applications of AI, such as the summarization of collections of articles, interrogation of documents for insights, automation of literature screening, and creation of visualizations of content sets, among others. These cases are still being litigated.

Copyright

Copyright Fair Use Licensing Copyright Infringement

CAFC Upholds USPTO Estoppel Regulation But Limits Application to New or Amended Claims

IP Watchdog

JULY 28, 2024

Patent and Trademark Office’s authority under the America Invents Act (AIA) to promulgate the estoppel rules. The PTAB held and the CAFC affirmed that the claims were not patentably distinct from claims previously invalidated in inter partes review (IPR) proceedings involving SoftView, and the court upheld the U.S.

Invention

Invention Patent Trademark Litigation

Patent Puzzles after the Supreme Court’s 2024 Administrative Law Cases: Stare Decisis, Rulemaking, and Discretion

Patently-O

JULY 24, 2024

Although these decisions may not have as significant an impact in patent law as in other areas, they do pose interesting puzzles with respect to stare decisis as well as agency rulemaking and discretion that will provide many litigation opportunities going forward. A challenger wouldn’t necessarily have to hurry to the courthouse.

Law

Law Patent Litigation Patent Law

Patent Licensing is a Risky Business: Let the Market Strike the Balance

IP Watchdog

JANUARY 11, 2022

The Wright brothers did not build commercial aviation, and yet commercial aviation was born thanks to the Wright brothers’ invention. This short article focuses on how risk – in the economic and legal sense – changes over time, and what this implies for patent licensing dynamics.

Licensing

Licensing Business Marketing Marketing

Federal Circuit Denies Mandamus in Due Process Violations Case Against Big Tech Companies

IP Watchdog

FEBRUARY 14, 2022

has been embroiled in litigation with big tech companies like Facebook, Twitter and Google for close to a decade now. has not shown a clear right to a different result here by relying primarily on a self-published article that is outside of the record.”. The CAFC said in its denial that “B.E.

Litigation

Litigation Publishing Technology Patent

Brushed Aside? Dafni Tries to Keep its PTAB Win against Ontel

Patently-O

DECEMBER 6, 2023

Meanwhile, back in the district court, the patentee wanted to move forward with the litigation and offered to dismiss the ‘562 patent from the litigation (with prejudice) in order to lift the stay. Of course, the IPR was not automatically dismissed just because the litigation over the patent was dismissed.

Invention

Invention Litigation Patent Design Patent

Authenticating Prior Art

Patently-O

AUGUST 17, 2021

Ironburg Inventions ( Fed. Corsair purchased the companies in 2019, but by that time the litigation with Valve was well underway. Ironburg won a $4 million judgment regarding two patents (now on appeal) and the district court stayed the litigation regarding U.S. by Dennis Crouch. Valve Corp. Patent Nos. 9,289,688 and 9,352,229.

Art

Art Litigation Publishing Inventor

The relevance of G 2/21 to machine learning inventions (T 2803/18)

New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

Trending Sources

Guest Post by Profs. Lemley & Ouellette: Fixing Double Patenting

Associate Casey Kraning Authors Article for The National Law Journal “Congress and the America Invents Act – An Update on Recent Developments in the Senate”

New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?

How to Successfully License Consumer Products | IPWatchdog Unleashed

The SPC alphabet: Are combination product SPCs precluded by Article 3(a), (c) and/or (d)?

Seeing Clearly: Article III Standing of IPR Judicial Review

Keeping up with Belgian patent litigation: Year case law review 2021

Guest Post: DABUS Gains Traction: South Africa Becomes First Country to Recognize AI-Invented Patent

Blow to Computer-Implemented Inventions: Canadian Court of Appeal Strikes Down the Subject-Matter Eligibility Test

Combining Multiple Inventions into a Single Patent Application: Risks vs. Cost Savings

Presenting the Evidence for Patent Eligibility Reform: Part III – Case Studies and Litigation Data Highlight Additional Evidence of Harm

Petitioner Failed to Establish Standing in IPR Appeal

UPC Central Division Discards EPO Approach to Obviousness in First Decision on the Merits

Fixing Double Patenting: The Procrustean Solution?

Amici for Apple Tell SCOTUS Federal Circuit’s Article III Standing Ruling Violates Precedent, Upsets Congressional Intent in Enacting AIA Trials

ITC Patent Jurisdiction: Roku’s Petition and Contreras’ Critique

Principals Moritz Ammelburg and Peter Fasse Author Managing IP Article “Coordinating Patent Prosecution in the U.S. and Europe”

Cooperative v. Kollective CAFC Decision Demonstrates Virtues of Consistent and Candid Patent Prosecution and Litigation

New IP Monetization Models Will Rely Less on Litigation in 2022

Westward Look: Navigating the Divide between the Roles of Scientific Advisers and Expert Evidence in IP Litigation

New PatentlyO L.J. Article: What Every Patent and Trademark lawyer Should Understand About the MPEP, TMEP, and Other Guidance

Attorneys Dorothy Whelan, Karl Renner, and Casey Kraning, Ph.D., Author National Law Journal Article “A Look Back on a Decade of Practice at the PTAB”

The Bizarre Copyright Battle Over Supercalifragilisticexpialidocious

Canadian Federal Court Sets a New Subject-Matter Eligibility Test for Computer-Implemented Inventions

Inventing Chaos with the Moderna/NIH Dispute

USPTO Preliminary Proposals on Discretionary Denial Include Curbing ‘For-Profit, Non-Competitive Entities’ Use of IPR

Fish Principal Thomas Rozylowicz Authors Article for Bloomberg Law, “AI & Patent Proceedings”

Never Too Late: If you missed the IPKat last week!

Fish Attorneys Author Article for Law360, “Stays Pending IPR In Del. District Courts Are Here To Stay”

Fish Attorneys Nicholas Stephens and Casey Kraning Author Article in Westlaw Journal IP, “2022 Ushers in New Developments in the Patent Review Process”

Stakeholders Speak: Leahy Bill to ‘Restore the AIA’ is Too Unbalanced to Pass

The PTAB Desperately Needs Reform, Not Preservation

Fish Attorneys Author Law360 Article, “Lessons For 2021 From Fed. Circ. Post-Grant Review Cases”

Exporting Patents: Boiled, Broiled, Barbecued or Fried

Looming Leahy Bill Would End Fintiv Practice at PTAB

True or False? Addressing Common Assumptions About Copyright and AI

CAFC Upholds USPTO Estoppel Regulation But Limits Application to New or Amended Claims

Patent Puzzles after the Supreme Court’s 2024 Administrative Law Cases: Stare Decisis, Rulemaking, and Discretion

Patent Licensing is a Risky Business: Let the Market Strike the Balance

Federal Circuit Denies Mandamus in Due Process Violations Case Against Big Tech Companies

Brushed Aside? Dafni Tries to Keep its PTAB Win against Ontel

Authenticating Prior Art

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