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  • Article

    USPTO Revises Guidance On Subject Matter Eligibility (35 USC 101) And Application Of 35 USC 112 To Computer-Implemented Inventions

    The USPTO is seeking public comment on all the issues addressed by the two guidance documents.
    United StatesIntellectual Property
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  • Article

    Application Of AI In Legal Services

    A question that is often asked is why there are so many lawyers? The question is often paired with questions about why lawyers spend so much time on seemingly insignificant tasks...
    United StatesTechnology
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Article

ITC Finds No Violation Of Section 337 In Certain Electronic Stud Finders (337-TA-1221)

On February 15, 2022, the Commission issued notice of its final determination of no violation of section 337 in Certain Electronic Stud Finders, Metal Detectors, and Electrical Scanners (Inv. No. 337-TA-1221).
United StatesIntellectual Property
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  • Article

    Anacor Pharmaceuticals, Inc. V. Iancu

    On May 14, 2018, in Anacor v. Iancu, the Federal Circuit issued its opinion affirming the Board's invalidation of Anacor's tavaborole patent. The patent-in-suit, U.S. Patent No. 7,582,621 ...
    United StatesIntellectual Property
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  • Article

    Can One Have Too Many Patents?

    As is common with a blockbuster drug, AbbVie's Humira faced an antitrust challenge from third-party payers. The third-party payers filed an antitrust action claiming AbbVie's patent strategy...
    United StatesIntellectual Property
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  • Article

    Invention And Conception: The AI Conundrum

    As has been discussed here previously, the current position of the USPTO is that Artificial Intelligence (AI) cannot be an inventor. The USPTO's position on the matter has been challenged in...
    United StatesIntellectual Property
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  • Article

    ITC Institutes Investigation (337-TA-1242) Of Certain IP Camera Systems

    On January 25, 2021, the ITC issued a press release announcing their vote to institute an investigation in Certain IP Camera Systems Including Video Doorbells and Components Thereof...
    United StatesIntellectual Property
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  • Article

    PTAB Rules That Section 101 Rejections Are Proper When Raised As Part Of An IPR Motion To Amend

    It is quite common for IPR petitioners to raise § 112 defenses in opposition to a motion to amend filed by the patent owner. What's less common is for the petitioner to argue ...
    United StatesIntellectual Property
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  • Article

    The Pros And Cons Of Asserting U.S. Patents Against Foreign Companies

    Stephen McBride and John Presper co-authored an article entitled The Pros and Cons of Asserting US Patents against Foreign Companies," which is featured in the May/June 2021 edition of IP Litigator.
    United StatesIntellectual Property
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  • Article

    ITC Finds No Violation Of Consent Order And Remands Order Regarding Sanctions In Certain Blowers (337-TA-1217)

    On March 14, 2022, the ITC issued a notice of its determination finding no violation of a consent order by Respondents East West Manufacturing, LLC and East West Industries...
    United StatesInternational Law
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  • Article

    MDS v. Factory Mutual: Moving The Needle Toward A More Compensatory Model Of Pre-Judgment Interest

    In many cases, parties approach pre-judgment interest ("PJI") as a mechanical exercise, applying rates set out under the Courts of Justice Act ("CJA") and calculating them on a simple interest basis.
    CanadaInsurance
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  • Article

    Safe Harbor (35 U.S.C. 271(e)(1)) And Medical Devices

    In two decisions this year district courts have addressed the "safe harbor" provision of 35 U.S.C. § 271(e)(1) in motions to dismiss a patent infringement count.
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    ALJ Bhattacharyya Grants Summary Determination Of No Violation Of Section 337 In Certain Residential Premises (337-TA-1273)

    On May 3, 2022, ALJ Monica Bhattacharyya issued the public version of Order No. 18 (dated April 22, 2022) granting Respondent Vivint, Inc.'s...
    United StatesIntellectual Property
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  • Article

    ALJ Elliot Finds Violation Of Section 337 In Certain Wearable Electronic Devices (337-TA-1266)

    On June 27, 2022, ALJ Cameron Elliot issued a notice of his initial determination ("ID") finding a violation of section 337...
    United StatesIntellectual Property
    Oblon
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  • Article

    ALJ Lord Denies Motion For Stay In Certain Automated Storage And Retrieval Systems (337-TA-1228)

    On March 9, 2021, ALJ Lord issued Order No. 6 denying a motion to stay the investigation pending resolution of inter partes review and post-grant review proceedings filed by Respondents Ocado Group...
    United StatesIntellectual Property
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  • Article

    ALJ McNamara Grants Motion For Summary Determination Of Violation By Defaulting Respondents In Certain Percussive Massage Devices (337-TA-1206)

    On November 30, 2021, ALJ McNamara issued the public version of his initial determination ("ID") granting Complainant Hyperice, Inc.'s ("Hyperice") motion for summary determination of violation of section 337...
    United StatesIntellectual Property
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  • Article

    All Positivity Notwithstanding, Applicant Peace Love World Live Denied Registration Of I LOVE YOU

    The Trademark Trial and Appeal Board affirmed refusal of Applicant Peace Love World Live's application to register I LOVE YOU for bracelets in Class 14 ...
    United StatesIntellectual Property
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  • Article

    Amgen V. Sanofi – Impermissible Functional Claiming?

    On April 28 the Supreme Court heard oral arguments on Amgen's petition of the Federal Circuit's decision affirming the district court's decision on JMOL that Amgen's antibody claims...
    United StatesIntellectual Property
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  • Article

    CAFC Reverses Jury Decision In Board Of Regents Of The University Of Texas System v. Boston Scientific Corp.

    The Federal Circuit reversed a $49.4 million jury verdict in a patent infringement case involving drug-releasing biodegradable fiber implants, finding that the University of Texas's patent was anticipated by prior art...
    United StatesIntellectual Property
    Oblon
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  • Article

    Commission Finds Violation Of Section 337 In Certain Variable Speed Wind Turbine Generators (337-TA-1218)

    On January 26, 2022, the ITC issued the public version of its opinion finding a violation of section 337 in Certain Variable Speed Wind Turbine Generators and Components Thereof (Inv. No. 337-TA-1218).
    United StatesIntellectual Property
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