Uber, Lyft Dodge Tracking Patent Litigation
IP Law 360
JUNE 18, 2024
A California federal court has issued a pair of patent eligibility rulings that have ended an inventor's infringement litigation against ride-hailing apps Uber and Lyft.
US Inventor Urges CAFC to Review Implementation of Rule 36
IP Watchdog
JULY 2, 2024
Yesterday, US Inventor, Inc. The underlying district court decision was issued in November 2022 by Judge Rodney Gilstrap, who adopted Magistrate Judge Roy Payne’s September 2022 Report and Recommendation and granted TD Ameritrade’s (TD) Motion for Summary Judgment on the patent infringement claim. TD Ameritrade, Inc., urging the U.S.
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Court permits addition of inventor to a patent that is subject of ongoing litigation
JD Supra Law
JUNE 22, 2023
In Regeneron Pharmaceuticals, Inc v Canada (AG), 2023 FC 768, the Federal Court granted Regeneron’s application to add an inventor to its issued patent, which was the subject of pending litigation. By: Smart & Biggar
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US Inventor Arguments for Opposing the Pride in Patent Ownership Act Fall Short on the Merits
IP Watchdog
NOVEMBER 29, 2022
Last September, a bipartisan pair of Senators introduced the Pride in Patent Ownership Act, which, if passed, would add greatly-needed transparency to our patent system. The legislation would require patent owners to disclose their identity to the U.S.
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USPTO's Proposed Disclaimer Rule Would Harm Inventors
IP Law 360
MAY 22, 2024
Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.
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Alleged Co-Inventor Not Bringing Home the Bacon This Time
The IP Law Blog
NOVEMBER 9, 2023
Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent. Iolab Corp.
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Can AI Be A Patent Inventor? UK Justices To Weigh In
IP Law 360
SEPTEMBER 2, 2022
Britain's highest court will hear a researcher's high-profile attempt to get an artificial intelligence listed as an inventor on a patent application as he pursues his global IP litigation campaign.
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Supreme Court Dodges AI Inventor Question with Denial of DABUS Case
IP Watchdog
APRIL 24, 2023
Patent and Trademark Office (USPTO) is set to hold its first public listening session on AI inventorship, the U.S. Vidal, which asked the Court to consider the question: “Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone?” One day before the U.S.
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Women are 7 of the Top 10 Most Prolific Inventors in 2023, According to the Latest Data
IP Close Up
MAY 29, 2024
Seven of the top 10 most prolific inventors for 2023 are women according to grants issued by the U.S. Patent and Trademark Office and conveyed Continue reading
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To Make the U.S. Patent System More Efficient, Let’s Obviate Obviousness
IP Watchdog
JUNE 20, 2023
Recovering money from users of technology requires movement on the part of inventors of technology. For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., All of these movements require the inventor to possess a patent.
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Misleading Bloomberg Law Post Claims IP Litigation Finance is for Investors, Not Inventors
IP Close Up
NOVEMBER 29, 2022
Opinions run hot and facts loose when it comes to describing providers of litigation capital, especially if the funds are used in support of plaintiffs Continue reading.
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CAFC ‘Unambiguously’ Backs USPTO in AI as Inventor Fight
IP Watchdog
AUGUST 5, 2022
Vidal that an artificial intelligence (AI) machine does not qualify as an inventor under the Patent Act. Court of Appeals for the Federal Circuit (CAFC) ruled today in Thaler v. The decision is the latest in a series of rulings around the world considering the topic, most of which have found similarly.
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Guest Post by Profs. Lemley & Ouellette: Fixing Double Patenting
Patently-O
JULY 9, 2024
Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent. The Federal Circuit’s Cellect decision addresses this concern.
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Inventor Asks SCOTUS to Consider Patent Eligibility Again, Distinguishing Case from American Axle
IP Watchdog
JULY 12, 2022
Neapco just a few days earlier, inventor David Tropp on July 5 again asked the Court to unravel U.S. patent eligibility law. 101, as interpreted in Alice Corporation Pty v. 101, as interpreted in Alice Corporation Pty v. CLS Bank International, 573 U.S. 208 (2014).”.
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[Opinion] Can an AI system be an inventor ?
The IPKat
DECEMBER 13, 2021
One question that has recently been in the headlines around the world, thanks to the Artificial Inventor Project, is whether or not an AI system can be regarded as an inventor. Setting aside issues of statutory interpretation, Abbott’s proposal (and hence the Thaler litigation) rests on two prongs, both deeply flawed.
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U.S. District Court Holds that AI Algorithms Cannot Be Listed as Inventors on Patents
IP Watchdog
SEPTEMBER 7, 2021
District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S.
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Revolution Rope Inventor Tells Justices She Deserves Her Day in Article III Court
IP Watchdog
FEBRUARY 2, 2023
The inventor of a novel jump rope system (the Revolution Rope), Molly Metz, argued in a reply brief to the U.S. Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S.
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The More Things Change, the More They Stay the Same: AI Inventorship and Patent Litigation
JD Supra Law
FEBRUARY 20, 2024
Artificial intelligence (AI) cannot be the inventor or co-inventor on a patent but can be used as a tool. Patent and Trademark Office’s (USPTO) recently released Inventorship Guidance for AI-Assisted Inventions. That is the gist of the U.S. By: McGuireWoods LLP
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Federal Circuit: AI Cannot Be a Named ‘Inventor’ Under the Patent Act
IP Intelligence
AUGUST 9, 2022
Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. While the Patent Act does not define “individual,” the Circuit relied on a previous U.S.
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District Court Grants Summary Judgment and Invalidates Patent in REGENXBIO v. Sarepta Litigation
LexBlog IP
JANUARY 8, 2024
On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. 10,526,617 (the ’617 Patent; licensed to REGENXBIO) is invalid as being directed to ineligible subject matter. A separate, related patent lawsuit filed by REGENXBIO and Penn against Sarepta and Catalent, Inc.
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Federal Circuit: AI Cannot Be a Named ‘Inventor’ Under the Patent Act
LexBlog IP
AUGUST 9, 2022
Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. While the Patent Act does not define “individual,” the Circuit relied on a previous U.S.
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7 Ways Patent Litigators Can Leverage Inventor Testimony
IP Law 360
JANUARY 11, 2022
Mylan, relying on inventor testimony to invalidate patent claims for lack of written description, illustrates one of several ways in which such testimony can be used to persuade fact-finders in close cases and uncover game-changing evidence, says Jeremy Edwards at Maddox Edwards. The recent Federal Circuit decision in Biogen v.
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Federal Court Rules that Artificial Intelligence Cannot Be an Inventor under the Patent Act
Delaware Intellectual Property Litigation Blog
SEPTEMBER 11, 2021
In Thaler , the Court confronted, analyzed and answered the question of “can an artificial intelligence machine be an ‘inventor’ under the Patent Act?” After analyzing the plain statutory language of the Patent Act and the Federal Circuit authority, the Court held that the “clear answer is no.” at *17-18.
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Discretionary Remedies Clarified, and Videotron Ltd Successfully Defends Against Much Litigation-Experienced Rovi Guides Inc.
IPilogue
DECEMBER 20, 2022
In Rovi Guides Inc v Videotron Ltd , the Federal Court of Canada invalided patents for interactive program guide (“IPG”) technology and clarified a reasonable royalty as the appropriate remedy had the patents been found valid and infringed. Rovi claimed that Videotron infringed four patents, which Videotron counterclaimed were invalid.
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Alleged Co-Inventor Not Bringing Home the Bacon This Time
LexBlog IP
NOVEMBER 9, 2023
Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). 9,980,498 (the “’498 Patent”). The ‘498 Patent is directed to a two-step process for cooking bacon pieces.
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Independent Inventor Seeks New Trial for LG’s Alleged Violations of Sotera Stipulation
IP Watchdog
SEPTEMBER 26, 2023
On September 25, independent inventor Carolyn Hafeman filed a reply brief arguing that efforts by consumer tech giant LG Electronics to prejudice Hafeman’s legal claims in front of a Western Texas jury require the court to grant a new patent infringement trial in the case.
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[Video] The Art of Teaching Complex Technology in Patent Litigation - IMS Insights Podcast Episode 67
JD Supra Law
NOVEMBER 2, 2023
In this episode, IMS Senior Client Success Advisor Adam Bloomberg is joined by Professor Ian Cullimore, expert witness and patent inventor, and IMS Trial Consulting Lead Dan Martin to explain how to simplify sophisticated intellectual property into compelling presentations that judges, juries, and tribunals can comprehend.
Employment at Leading Companies is a Threat to Inventors and Innovation, Study Finds
IP Close Up
MAY 16, 2023
Inventors who are adept at identifying new and potentially disruptive products are increasingly sought after by leading technology players who may wish to dissuade or Continue reading
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Google General Counsel’s Clarion Call for U.S. Patent System Reform Should Not Be Heeded
IP Watchdog
MAY 2, 2022
patent system is currently in a state of growing crisis. federal government to address patent quality, abusive litigation and forum shopping. The post offers several suggestions, each sanctioned by Google, as to steps that can be taken in all three branches of the U.S. Indeed, any informed observer of the U.S.
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Trade Groups Urge Senators To Advance Patent Reform Bills
IP Law 360
APRIL 12, 2024
Groups representing inventors, startups and medical technology companies are putting pressure on U.S. senators to pass bills that would prospectively limit the ability of courts to throw out patent lawsuits, a month after tech industry groups argued the legislation would trigger an onslaught of patent litigation.
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Vidal Vacates Board’s Denial of IPR Institution on Auto Part Patent
IP Watchdog
APRIL 8, 2024
Patent and Trademark Office (USPTO) Director Kathi Vidal vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB) on Friday that had denied institution of an inter partes review (IPR) requested by auto parts manufacturer, Mahle Behr Charleston, Inc.
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'Blade Server' Patent Co. Scores $18M Waco Verdict
IP Law 360
MARCH 25, 2024
A patent litigation outfit that has been filing suits for more than a decade over "blade server" technology has landed nearly $18 million from a jury in Waco, Texas, against a Taiwanese computer manufacturer that tried to refute the technology's importance by relying on testimony from the inventor of the USB drive.
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The UK Supreme Court DABUS Decision: The End or Just a Bump in the Road for AI Inventors?
IP Watchdog
JANUARY 21, 2024
As reported on IPWatchdog, the UK Supreme court recently ruled that a trained neural network (an Artificial Intelligence known as DABUS) could not be listed as the inventor on two patent applications filed by Dr. Stephen Thaler at the UK Intellectual Property Office (UKIPO).
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Inventor Argues USPTO Officials’ Motion to Dismiss Due Process Violations Case Based on Immunity Defense Fails
IP Watchdog
JANUARY 27, 2022
On January 21, inventor Martin David Hoyle and his company B.E. Patent and Trademark Office (USPTO), a pair of officials at the Patent Trial and Appeal Board (PTAB) and three administrative patent judges (APJs) who sat on PTAB panels invalidating Hoyle’s patent claims. Lee, former Director of the U.S.
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Thaler v. Vidal: Will Patentability be Negated by the Manner of Invention?
Patently-O
MAY 10, 2022
Ryan Abbott is set to argue on behalf of the patent owner (and AI creator) Stephen Thaler. ” But, Thaler refused to name himself as inventor. But, the PTO refused to issue the patent without a human listed inventor. ” Abbott and Barghaan litigated the case below as well. ” 35 U.S.C.
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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. The neutering of software, e-commerce and algorithm patents are at least partly responsible but, amazingly, software-related patents represent almost two-thirds of U.S.
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Federal Circuit Patent Watch: The Patent Act defines “inventor” as limited to natural persons
JD Supra Law
AUGUST 9, 2022
Following certain adverse patent eligibility rulings in the District of Delaware, plaintiff voluntarily dismissed its Delaware litigation and rebooted the same litigation by filing new. Affirming district court decisions regarding award of attorneys’ fees pursuant to inherent equitable powers. By: WilmerHale
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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. A new prohibition on double patenting?
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The Inventive Concept: Unclear Judicial Guidance Causes Frustration for Inventors
LexBlog IP
AUGUST 9, 2022
The Court’s denial of opportunities to clarify this issue has caused American inventors to unreasonably weigh the risk of disclosing their inventions against the uncertainty of acquiring a patent. In that case, the Federal Circuit affirmed that American Axle’s patent claim was patent ineligible as it violated 35 U.S.C. §
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Inventor Declaration Excluded by PTAB Because Examination in Foreign Proceeding No Substitute for Cross-Examination by IPR Counsel
JD Supra Law
APRIL 13, 2022
In two related inter partes review proceedings, the Patent Trial and Appeal Board granted a petitioner’s motion to exclude the declaration of an inventor because the patent owner failed to make him available for cross-examination in the IPR.
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UK Supreme Court rules on AI and Patent Applications
IP Tech Blog
JANUARY 3, 2024
The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.
‘Patent Quality is No Worse Today Than 40 years ago ,’ Says Celebrated Inventor on Latest ‘Understanding IP Matters’
IP Close Up
JANUARY 6, 2022
In the latest episode of ‘Understanding IP Matters’, which dropped today on leading podcast platforms, award-winning inventor Dan Brown says that the patent winds have shifted and are blowing Continue reading.
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SCOTUS to Consider Granting Centripetal’s Cert Petition in Patent Infringement Qua Judicial Recusal Case
IP Watchdog
NOVEMBER 30, 2022
What began as a patent infringement case has swerved into judicial ethics waters, due to the ruling of the Federal Circuit Court of Appeals. Patent and Trademark Office (USPTO).
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