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On November 18, 2021, the International Trade Commission issued the public version of its opinion affirming a finding of non-infringement in Certain Cloud-Connected Wood-Pellet Grills and Components...

Spring gardening season has begun and the USPTO is once again planting its Motion to Amend ("MTA") seeds.

After discussing a court's ability to rewrite patent claim language in view of the Federal Circuit's decision in Pavo Solutions v. Kingston Technology (Pavo Solutions, Part I)...

The Unified Patent Court (UPC) is an international court set up by participating European Union Member States to deal with the infringement and validity of both...

The Court's decision provides lessons in how companies should be careful to avoid stretching the bounds of the Safe Harbor provision.

On March 16, 2021, ALJ Cameron Elliot issued a notice of initial determination ("ID") in Certain Mobile Devices With Multifunction Emulators

Several companies have received FDA approval for antagonist antibodies against calcitonin gene-related peptides.

Design patents cover the ornamental design for articles of manufacture. Almost by definition, an article of manufacture is designed to perform a useful function.

This past week the USPTO designated a new informative order (here) providing guidance on motions to amend.

According to the opinion the Federal Circuit found that substantial evidence supports the Commission determination that that Jennewein's accused #1540 and #2410 strains infringe the asserted claims.

In the recent UCB v. Accord opinion, a panel of the Federal Circuit drew a distinction between (i) the enablement of a patentee's claims, and (ii) a reasonable expectation of success in an obviousness analysis.

In GSK v Teva the Federal Circuit reversed the district court's JMOL and reinstated the jury's verdict awarding $235 million in damages to GSK for Teva's sale of $75 million dollars of carvedilol...

Mr. Junker, the named inventor of U.S. Design Patent No. D450,839, sued Medical Components, Inc. and Martech Medical Products, Inc. ("MedComp") for infringement of the D'839 patent.

In a Final Action (1), the Examiner rejected claims 1-20 under 35 U.S.C. Section 103 as being unpatentable over Didon (US2011/0224746A1) and Weil (US5,957,856).

Multiple companies (collectively "Techtronic Industries" or "TTI") appealed from a final determination of the United States International Trade Commission (the "Commission")

During the past decade, domestic and international corporations have seen the value of their US patent rights steadily erode.

Our recent post "Tracking AI Prosecution Trends at the U.S. Patent Office" presented USPTO data which suggests that future prosecution of AI inventions may be less focused on patent eligibility...