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Artificial intelligence is revolutionizing life science R&D (particularly in the realm of drug discovery) and challenging the traditional "human inventorship" requirement for U.S. patents. Recent guidance from the USPTO clarifies that a substantial human contribution is required for AI-assisted inventions to be eligible for patent protection. This article explores the implications, highlighting the need for proactive inventorship inquiries to navigate the complexities of AI-driven innovation
Image from here Imagine that your client has come up with an invention (a process) that enables animals on your farm to absorb more energy than is usual from their feed/diet. It coincidently might also increase the economic value of the animals, mostly poultry and swine, after consuming the enhanced feed. Would this be a method of treatment for animals that is barred by Section 3(i)?
The United States Court of Appeals for the Federal Circuit recently affirmed a district court ruling that a pharmaceutical dosing claim limitation was unpatentable due to obviousness-type double patenting. The court found that the reasonable expectation of success for the obviousness standard can be met even when there are fact-based differences between the claimed dosing regimen and prior art.
Today, Senators Marsha Blackburn (R-TN), Chris Coons (D-DE), Thom Tillis (R-NC) and Amy Klobuchar (D-MN) reintroduced the NO FAKES Act, which would create a federal IP right to an individuals voice and likeness. In September 2024, U.S. Representatives Mara Elvira Salazar(R-FL), Madeleine Dean(D-PA), Nathaniel Moran(R-TX),Joe Morelle(D-NY),Rob Wittman(R-VA) and Adam Schiff (D-CA) introduced the bill in the House of Representatives, two months after Coons, Blackburn, Klobuchar and Tillis had in th
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
A recent federal court decision highlights the delicate balance between U.S. Food and Drug Administration (FDA) guidance and trade dress protections for drugs administered in a tablet or capsule form. Last month, a district court issued a preliminary injunction against a competing generic to the cardiovascular drug Entresto, after finding that the generic pills size, shape, and color were likely to violate Entrestros trade dress.
A Copyright Claims Board case illustrates why so many copyright plaintiffs ask for sky-high damages. Because you can miss out if you don't. The post Copyright, Statutory Damages And Unicorn Party Dresses appeared first on Plagiarism Today.
In the landmark Amgen v. Sanofi case (previously covered here), the Supreme Court affirmed that patent claims drawn to a genus of monoclonal antibodies, which were claimed in terms of their function and the epitope to which they bind, were invalid due to a lack of enablement. This case and other Federal Circuit decisions, including Baxalta v. Genentech and AbbVie v.
In the landmark Amgen v. Sanofi case (previously covered here), the Supreme Court affirmed that patent claims drawn to a genus of monoclonal antibodies, which were claimed in terms of their function and the epitope to which they bind, were invalid due to a lack of enablement. This case and other Federal Circuit decisions, including Baxalta v. Genentech and AbbVie v.
Australian media outlets sued over using social media photo, DISH sues pirate IPTV sites and artist can't find Taylor Swift. The post 3 Count: DISH Soap appeared first on Plagiarism Today.
On January 19, 2025, the United States Patent and Trademark Office (USPTO) enacted significant fee increases for both patents and trademarks. These changes are intended to better align fees with the USPTOs operational costs and support its mission of advancing American innovation. While necessary for the agencys long-term sustainability, the increases create new challenges for businesses and innovators.
by Dennis Crouch Federal Circuit has affirmed the Trademark Trial and Appeal Board's (TTAB) finding that "iVoterGuide" and "iVoterGuide.com" are highly descriptive terms that failed to acquire distinctiveness. Heritage Alliance, AFA Action, Inc. v. The American Policy Roundtable , No. 2024-1155 (Fed. Cir. Apr. 9, 2025). The ruling maintains the dismissal of Heritage's opposition to American Policy Roundtable's (APR) applications to register "iVoters" and "iVoters.com" as trademarks.
Recent tariff increases are not only disrupting beauty brands supply chains and pricing strategiesthey're also amplifying legal risks associated with counterfeit and "dupe" products. As authentic goods become costlier, consumers are increasingly tempted by lower-priced alternatives, inadvertently fueling the counterfeit market.
Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive.
In a landmark decision, France has joined the ranks of leading jurisdictions in recognizing blockchain as a valid method for establishing proof of authorship and intellectual property (IP) rights.
The full Federal Circuit on Wednesday rejected Labcorp's request for a review of a panel decision foiling its bid to challenge patent claims underpinning an infringement judgment against it that now totals $400 million.
As we previouslydiscussed, beginning in 2022, a series of patent infringement lawsuits were filed against Moderna and collaborators Pfizer+BioNTech seeking damages based on their respective sales of the Spikevax and Comirnaty COVID-19 vaccines. By: Rothwell, Figg, Ernst & Manbeck, P.C.
A New York-based startup whose infringement case against Charter Communications was rejected by a federal jury in Marshall, Texas, last month now wants a new trial, telling U.S. District Judge Rodney Gilstrap that Charter deployed a "calculated plan to confuse the jury.
In 1910, German scientist Paul Ehrlich introduced a groundbreaking concept to the world: chemical compounds could be engineered to interact with unique receptors on disease-causing cells while avoiding interaction with healthy cells. By: Rothwell, Figg, Ernst & Manbeck, P.C.
The Federal Circuit vacated an injunction Wednesday that had barred Sun Pharmaceutical from launching its alopecia drug Leqselvi, less than an hour after oral arguments where the judges had little sympathy for a patent owner that was years away from bringing its drug to market.
In Regeneron Pharms., Inc. v. Mylan Pharms. Inc., the Federal Circuit recently held that biosimilar pharmaceutical companies that filed abbreviated Biologics License Applications (aBLAs) and planned to make a single sale to a third-party marketer were subject to personal jurisdiction in West Virginia, even though the third-party marketers would distribute the product.
Disney doesn't deserve $5.7 million in fees for beating an animator's copyright suit accusing it of ripping off his Polynesian adventure story to create "Moana," the plaintiff said Tuesday, arguing his case wasn't frivolous, considering the California federal judge found multiple times that sufficient similarity existed between the works.
Gone are the days when a company could outsource the people that perform a business process without considering, and likely including in the outsourcing arrangement, the digital enablement of the underlying workflows and activities.
A split Second Circuit will allow Takeda Pharmaceuticals Co. to immediately appeal a New York federal judge's ruling certifying two classes of direct purchasers and end payors in consolidated antitrust actions accusing the company of unlawfully inflating the price of its diabetes treatment Actos by delaying the entry of generic alternatives.
Recent changes at the US Patent and Trademark Office (USPTO) concerning the Patent Trial and Appeal Board's (PTAB) discretion to deny institution of inter partes reviews (IPRs) or post-grant reviews (PGRs) based on parallel litigation have created uncertainty.
The U.S. International Trade Commission has decided to end another investigation into whether Sonos speakers infringe patents issued to Google, finding those patents are invalid.
DOLLAR FINANCIAL GROUP, INC. v. BRITTEX FINANCIAL, INC. [OPINION] - Before Prost, Taranto, and Hughes. Appeal from the United States Patent and Trademark Office, Trademark Trial and Appeal Board. The zone of natural expansion doctrine cannot not be used to establish priority over a third partys common-law trademark rights.
A New York federal judge has tossed a proposed antitrust class action accusing Bristol Myers' Celgene subsidiary of fraudulently obtaining patents and filing "sham" infringement lawsuits to block generic versions of its blood-cancer drug Pomalyst, finding that the indirect drug buyer plaintiffs lack standing and haven't plausibly alleged fraud.
The Internet Archive is widely known for its Wayback Machine, which preserves copies of the web for future generations. These archiving efforts, which started decades ago, will become more valuable over time. The same could apply to IA’s other projects, including the digitization of old books and records. Seven years ago, the Archive began archiving the sounds of 78rpm gramophone records, a format that is obsolete today.
The Ninth Circuit on Wednesday refused to revive competing trademark infringement claims between a pair of vitamin and supplement companies, backing a lower court's finding that neither party was able to prove their case.
What exactly is data exfiltration, and why should organizations be concerned about it? Data exfiltration is the movement or migration of company-owned trade secrets or intellectual property outside of the enterprise. It can either be unintentional or transacted with bad intent. The risks are pretty obvious since the company can lose control of its secret sauce on how it does business or, more importantly, who it is doing business with.
The Patent Trial and Appeal Board's vice chief administrative patent judge has left her role after more than a decade to join Sterne Kessler Goldstein & Fox PLLC's electronics practice, the firm has announced.
As in-game economies evolve, the complexity surrounding virtual goods and services, content creation, and payment structures deepens. As part of this ongoing series on in-game economies, this installment explores issues around in-game content created by users rather than by the game developer (often referred to as user-generated content or UGC), as well as the financial regulatory issues that arise when structuring in-game marketplaces through which UGC is bought and sold.
The Federal Circuit on Wednesday concluded that the Heritage Alliance's trademarks for "iVoterGuide" and "iVoterGuide.com" are highly descriptive and not protectable, rejecting a challenge to the American Policy Roundtable's use of "iVoters" and "iVoters.com" despite a likelihood of confusion between the organizations' marks.
The U.S. Court of Appeals for the Federal Circuit (CAFC) recently considered a novel question regarding calculation of the regulatory review period for patent term extension (PTE) under 35 USC 156 for reissued patents. Specifically, the CAFC concluded that a patents original issuance date rather than a reissuance date is the operative date for regulatory review period purposes.
A patent owner has to hand over a copy of an agreement it has with a litigation funder as part of its infringement lawsuit against Dropbox over cloud-based file system patents, a federal magistrate judge in California has ruled.
On March 21, 2025, the U.S. District Court for the Eastern District of Tennessee made its preliminary injunction permanent and approved a settlement as it relates to the National Collegiate Athletic Associations (NCAA) bylaw banning the use of name, image, and likeness (NIL) compensation during the recruitment of student-athletes (the NIL Recruiting Ban).
A patent-holding company has asked the U.S. Supreme Court to review a Federal Circuit decision that threw out a $13 million jury verdict against NCR Corp. in a suit accusing it of infringing two payment processing patents.
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