In TF3 Ltd. v. Tre Milano, LLC, Appeal 2016-2285 (Fed. Cir. July 13, 2018), the Federal Circuit reversed the Patent Trial and Appeal Board's final written decision canceling claims directed to a hair styling device as anticipated by prior art.

Exploding interest in artificial intelligence has sparked a wave of innovation, leading companies to develop a host of new products and technologies. Some 300 distinct GenAI patent families have been filed.

In Novartis AG v. Noven Pharm. Inc., Appeal 2016-1678-1679 (April 2017), Novartis appealed two PTAB decisions holding claims of two patents obvious over cited prior art (IPR2014-00549 and IPR2014-00550), arguing that previous judicial holdings of non-obviousness should control the PTAB's factual findings and that the claims should have been held non-obvious

In its final written decision, the Board held every claim unpatentable.

Inter partes review not only provides a faster and cheaper way to challenge patent validity, but also expands the Patent Office's ability to develop law on esoteric issues ...

Prohibiting federal registration for "disparaging" marks constitutes viewpoint discrimination and is unconstitutional says the Supreme Court.

In an article published in World Intellectual Property Review on December 24, Ryan Phelan discusses the U.S. Patent and Trademark Office's...

The inner workings of Bitcoin ordinals came under the microscope of Marshall Gerstein partner Cameron Pick in a recent episode of the podcast Law of Code.

The Board recently denied a post grant review petition because the challenge was deemed redundant of the Patent Office's earlier examination of similar claims in a related application.

In MaxLinear Inc. v. CF Crespe LLC the Federal Circuit ruled that the PTAB did not address arguments concerning patentability of certain dependent claims of the patent ...

In Sanofi-Aventis Deutschland GMBH v. Mylan Pharms, Inc., No. 21-1981 (Fed. Cir. May 9, 2023), the Federal Circuit reversed the PTAB's finding that Sanofi's patent claims were obvious...

The Patent Office is also raising by 50% the fees for seeking institution and trial on claims in excess of the 20/15 claims that are part of the standard fees.

The Patent Trial and Appeal Board has received 37 petitions for post grant review of patents issuing from examination conducted by the Patent Office's Group Art Unit 1600.

In CRFD Research Ltd. v. Matal, the Federal Circuit determined that the PTAB erred in its obviousness analysis, in part by failing to consider an argument the IPR petitioner made in...

Partner Ryan Phelan and co-lead of the American Intellectual Property Law Association (AIPLA) subcommittee for Virtual Reality (VR) and Augmented Reality (AR) co-authored the article...

In Altaire Pharm., Inc. v. Paragon Biotek, Inc., Case No. 2017-1487 (Fed. Cir. May 2, 2018), the Federal Circuit reversed in part a PGR final written decision that upheld the patentability of challenged claims, ...

Bringing a new medical device to market is a complex dance that often involves navigating both patent law and regulatory approval.

Last summer, the Court of Appeals for the Federal Circuit upheld a U.S. Patent and Trademark Office decision, rejecting claims in the In re Cellect, LLC, case due to the doctrine of obviousness...

PatentNext Summary: Following the August 2022 Federal Circuit decision in Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), in which the court ruled that artificial intelligence (AI) could not be an inventor by itself, the USPTO has now requested comments regarding AI and inventorship.

I have been monitoring patent application filing around the world that list "DABUS (the "Device for the Autonomous Bootingstraiming of Unified Sentience") as the sole inventor.