Aug 21, 2024 Allergan Holding Protects "First-Filed" Parent Patents from Their Misbehaving Patent Offspring By Jonathan B. Thielbar This month, in Allergan USA, Inc. v. MSN Laboratories Private Ltd., the Federal Circuit added to the ongoing patent-family drama...
May 21, 2024 USPTO's Proposed New Terminal Disclaimer Rule Would Change Applicant and Patent Challenger Strategy By Jonathan B. Thielbar The United States Patent and Trademark Office (USPTO) has proposed changes to terminal disclaimer rules that could significantly...
May 14, 2024 GSK Joins COVID-19 mRNA Vaccine Patent War By Dan Liu mRNA-Based Vaccine and Other Therapeutics mRNA-based vaccines have become one of the most discussed technologies both inside and outside...
May 03, 2024 Will AI-Generated Prior Art Ruin the Patent System? The USPTO Wants to Hear from You. By Jonathan B. Thielbar Earlier this week, the U.S. Patent and Trademark Office (USPTO) issued a request for public comment regarding the impact of artificial...
Apr 30, 2024 Appeals Court Signals Narrowing of Fair Use Doctrine Post-Warhol By Frank D. D'Angelo Copyright attorneys eagerly anticipated the U.S. Supreme Court's fair use opinion in Andy Warhol Foundation for the Visual Arts, Inc. v....
Apr 25, 2024 Amending ANDA by Purportedly Carving Out Infringing Use—After Trial—Does Not Rescue the Amended ANDA from the Negative PIV Judgment By Dan Liu The district court in Salix Pharmaceuticals, Ltd. et al v. Norwich Pharmaceuticals, Inc., Civil Action No. 20-430-RGA (D. Del.) was asked...
Apr 11, 2024 AI Cannot (Yet) File Your Trademark Applications By Melanie J. Howard The U.S. Patent & Trademark Office (USPTO) has issued new guidance affirming that its existing rules regarding user accounts, access to...
Mar 28, 2024 Reminder: Motivation to Combine Is Still Required to Render Patent Claims Obvious By Jonathan B. Thielbar The Federal Circuit recently reversed a PTAB obviousness finding because it found no motivation to combine features of the two cited...
Mar 12, 2024 Patent Protection for AI-Assisted Inventions By Jonathan B. Thielbar Only “natural persons” can be named “inventors” on U.S. patents. But last month, the U.S. Patent and Trademark Office (USPTO) issued...
Dec 28, 2023 DABUS Denied: UK Joins EU, US and Australia In Requiring Human Inventorship For Grant of Patent By Melanie J. Howard In alignment with both the U.S. Patent & Trademark Office's determination in 2020 (affirmed by the U.S. Court of Appeals for the Federal...
Nov 20, 2023 Investors File Class Action Suits against Insecticide Manufacturer Regarding Statements Concerning Patent Litigation By Ryan Hagglund Manufacturers of pharmaceuticals, biologics, and herbicides, as well as companies in virtually every industry, routinely make statements...
Nov 20, 2023 Updated GUI design patent guidelines issued By William J. Kramer The USPTO issued clarifying guidance on whether Graphical User Interfaces (GUIs) can be covered by design patents. The relevant statute...