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  • Article

    Product-by-Process Claim: The Focus Is On The Product And Not The Process Of Making It

    Kamstrup A/S appealed a final written decision of the Patent Trial and Appeal Board ("the Board"). The Board found claims 1–15 of Kamstrup's U.S. Patent No. 8,806,957 unpatentable...
    United StatesIntellectual Property
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  • Article

    Federal Circuit Determines Anticipation Of Dependent Claims And Sufficient Evidence Of Commercial Success

    The Court of Appeals for the Federal Circuit (CAFC), on August 16, 2023, affirmed the U.S. Patent and Trademark Office Patent Trial and Appeal Board's (PTAB) decision...
    United StatesIntellectual Property
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Article

The Intersection Of Octane Fitness And Alice

A recent Delaware decision highlights the need for a realistic pre-suit assessment of patent eligibility. Stephen McBride and Michael West explain.
United StatesIntellectual Property
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  • Article

    Invention by "Another": Duncan Parking Technologies, Inc. v. IPS Group, Inc., Appeal No. 2018-1205, -1360 (Fed. Cir. Jan. 31, 2019)

    IPS designs parking meter technology.
    United StatesIntellectual Property
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  • Article

    Reaching Out

    Stephen McBride considers the extent to which US extraterritoriality has developed in IP protection.
    United StatesIntellectual Property
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  • Article

    A Broad Outline Of A Genus's Perimeter Is Insufficient For Written Description Of The Members Of The Genus

    The Regents of the University of Minnesota ("Minnesota") appealed from a final decision of the U.S. PTO Patent Trial and Appeal Board ("the Board") holding that the claims of U.S. Patent...
    United StatesIntellectual Property
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  • Article

    AlphaFold 2, Open Source AI For Protein Structure Prediction (Japanese)

    月15日に興味深いNature論文が発表された。タイトルは "Highly accurate protein structure prediction with AlphaFold"[1] (AlphaFoldによる高精度タンパク質構造予測)で、Google傘下のDeepMind社によって
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    Reversal Of An Obviousness-Inherency Position

    An obviousness rejection was recently reversed by the Patent Trial and Appeal Board (PTAB) by the panel of Administrative Patent Judges...
    United StatesFood, Drugs, Healthcare, Life Sciences
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  • Article

    Realtime Data, LLC, v. Iancu: No Requirement To Make Any Finding Of A Motivation To Combine Two References When A Claim Is Invalid As Being Obvious Over A Single Reference

    The Federal Circuit affirmed the Patent and Trademark Appeal Board's (PTAB) determination that all of the challenged claims of Realtime's U.S. Patent 6,597,812 ("the ‘812 patent")
    United StatesIntellectual Property
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  • Article

    ITC Issues Final Determination Finding Violation Of Section 337 In Certain Network Devices (337-TA-945)

    On May 4, 2017, the U.S. International Trade Commission issued a notice of Final Determination on violation of Section 337 in Certain Network Devices, Related Software, and Components Thereof (II)...
    United StatesIntellectual Property
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  • Article

    Ninth Circuit Confirms: Apparently Honey Badger Does Care . . . About Trademarks

    The Ninth Circuit determined that defendants met their initial burden of demonstrating that the greeting cards are expressive works protected under the First Amendment.
    United StatesIntellectual Property
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  • Article

    Failure To Identify The Invention And To Explain How You Do It May Lead To Invalidity Under Section 101

    Integrated Technology Solutions, LLC ("ITS") alleged that products manufactured and distributed by iRacing.com Motorsport Simulations, LLC ("iRacing") infringed on U.S. Patent 10,046,241. iRacing moved to dismiss, arguing that the ‘241 patent was invalid under 35 U.S.C Section 101.
    United StatesIntellectual Property
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  • Article

    Plural Overlapping Dimensions Found Unobvious Due To Differing Function

    A recent Patent Trial and Appeal Board decision reversed an examiner's obviousness rejection, finding that overlapping dimensional ranges alone were insufficient to establish prima facie obviousness when the proposed modification would alter the reference's intended function.
    United StatesIntellectual Property
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  • Article

    Patent-Eligibility Under 35 U.S.C. § 101: We Can't See The Forest Or The Trees

    Judge Plager wrote a compelling concurrence-in-part and dissent-in-part in Interval Licensing LLC v. AOL, Inc., Apple, Inc., Google LLC, Yahoo!, Inc. (Fed. Cir., July 20, 2018).
    United StatesIntellectual Property
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  • Article

    Patently Obvious?

    The purpose for rejecting an obviousness-type double patenting "is to prevent the extension of the term of the patent ... by prohibiting the issuance of [the] claims in a second patent not patentably distinct from the claims of the first patent."
    United StatesIntellectual Property
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  • Article

    The Ongoing Patent Dispute Over Innovative ML-Based Pattern Recognition

    Support Vector Machine-Recursive Feature Elimination (SVM-RFE) is a technology which can be used to find relevant patterns in a large data set such as the data generated in the sequencing of genomes...
    United StatesIntellectual Property
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  • Article

    Inadequate Translation Of A Non-English Application Leads To US Patent Invalidation

    The '390 patent for "Pharmaceutical Formulations For Thyroid Hormones" claims priority from Italian Patent Application written in Italian.
    United StatesIntellectual Property
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  • Article

    The Surprisingly Broad Reach Of U.S. Patent Law

    U.S. patents create potential liability for using infringing products in the United States. That is, the unauthorized use or sale within the United States of a product covered by a U.S....
    United StatesIntellectual Property
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  • Article

    PTAB Reverses Examiners On Unexpected Results

    In Ex parte Freeman (USSN 16/270,259; TC 1600; Appeal 2023-000512, the underlying application being referred to herein as the "Freeman application"), a finding of obviousness and obviousness...
    United StatesIntellectual Property
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  • Article

    Smoot-Hawley And The Art Of War

    What is of supreme importance in conflict, Sun Tzu said, is to attack an opponent's strategy. One potential blueprint for rebuilding American economic independence and security in a post-COVID-19 world already exists ...
    United StatesIntellectual Property
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  • Showing 661–680 of 699 results

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