03 May, 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...
30 Apr, 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....
25 Apr, 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...
11 Apr, 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...
28 Mar, 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...
12 Mar, 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...
28 Dec, 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...
20 Nov, 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...
20 Nov, 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...
16 Nov, 2023 TTAB Reaffirms No Per Se Prohibition Against Trademark Protection for Characters By Bess Morgan Given the creative and financial investment that goes into developing a compelling character, a common ask from brands is whether...
15 Nov, 2023 Design Patent Bar Created By William J. Kramer In response to pleas to broaden the group of people that can file design patents, the USPTO has created a design patent bar. ...
13 Nov, 2023 Federal Circuit Requires Analysis of Extrinsic Evidence in Construction of "a pH of 13" By Ryan Hagglund Earlier this week, in Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 22-1889, 2023 U.S. App. LEXIS 29433 (Fed. Cir....