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  • Article

    European Patent Office (EPO) Suggests That The Owner Of An Artificial Intelligence (AI) Machine Could Be Listed As The Inventor Of An AI-Generated Invention

    The Legal Board of Appeal (the "Board") of the European Patent Office (EPO) recently suggested that the owner of an artificial intelligence (AI) machine could possibly be listed as an inventor of an AI-generated Invention.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Why Including An "Algorithm" Is Important For Software Patents (Part 1)

    PatentNext Summary: As a general rule, software-related patents should include an algorithm. An algorithm provides support for a software-related patent in a variety of ways...
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Building Strategic Partnerships Between IP Law Firms And Biopharma

    In the pharmaceutical industry, where innovation cycles span decades and billions of dollars hinge on patent protection...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Increasing Diversity In Medtech Innovation: A Personal And Professional Perspective

    Growing up in a family deeply rooted in medicine, I had a unique perspective on the field. My grandparents attended Meharry Medical College...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    AI-Enabled Tech Faces Dual Hurdles In FDA Regulation, Patent Law

    Artificial intelligence is reshaping health care by powering medical devices and diagnostic tools that are increasingly precise, adaptive, and data driven.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Protecting Innovation In A Borderless Pharma Economy: The Reality Of Globalized Pharma Innovation

    Today’s drug development programs routinely span continents: distributed research teams, multinational clinical trial networks, and complex webs of cross-border licensing, contract manufacturing...
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    The Headaches In Claiming Antibody-based Inventions Broadly

    Recent Federal Circuit decisions call into question the value of patents broadly claiming inventions on antibodies and their function in treating debilitating diseases.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Confusion And Delay

    n Oil States Energy Services., LLC v. Greene's Energy Group, LLC, Justice Thomas, writing for a 7-2 majority of the Supreme Court, explained that inter partes review proceedings do not violate Article III...
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Developing An Effective Patenting Policy To Protect AI-Enabled Medical Devices

    Artificial Intelligence (AI) is revolutionizing various sectors, and the medical device industry is no exception.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Fractured Federal Circuit Reallocates A Burden Of Proof In AIA Trials

    Seven judges of the fractured court decided that the Patent Trial and Appeal Board (PTAB) may not—as it has long been doing— place on a patent owner the burden of proving patentability of a claim it moves to amend during an AIA trial.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    PTAB Invalidates GUI, But Leaves Obviousness Test Gooey

    On February 9, 2023 the PTAB issued a Final Written Decision in Early Warning Services, LLC and Samsung Electronics Co., Ltd. v. WePay Global Payments LLC, determining...
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Beyond Language: How Multimodal AI Sees The Bigger Picture

    AI chatbots have grown increasingly ubiquitous over the last year. For example, the basic version of ChatGPT is a conversational chatbot capable of understanding natural language...
    United StatesTechnology
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    AI And IP: Considerations For Medtech

    Increasingly, artificial intelligence (AI) tools like ChatGPT and GitHub Copilot are reshaping corporate operations. They can boost efficiency, particularly in software development and content creation.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    AI Is A Tool — Not A Replacement — For Human Innovation In Drug Discovery

    The success of a life sciences company relies on its research and development (R&D) and maintaining a robust pipeline of clinical products. Essential factors in building...
    United StatesFood, Drugs, Healthcare, Life Sciences
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    PTAB's Time Bar Determinations Are Reviewable By The Federal Circuit

    In Wi-Fi One, LLC v. Broadcom Corporation, an en banc panel of the Federal Circuit decided on January 8, 2018, that the PTAB's application of the 35 U.S.C § 315(b) ...
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    PTAB Determination On One-Year Time Bar Cannot Be Appealed

    The Supreme Court held that PTAB decisions instituting IPR are final and non-appealable and that the language of 35 U.S.C. § 314(d) "indicates that a party generally cannot contend on appeal that the agency should have refused "to institute an inter partes review."
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    So, You Invented A Numerical Range

    In Indivior UK Ltd. v. Dr. Reddy's Laboratories S.A., Appeals 2020-2073, -2142 (Fed. Cir. Nov. 24, 2021), the Federal Circuit affirmed a Patent Trial and Appeal Board's final decision canceling claims...
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    ‘The Forgotten Pleading' Serves As Guide To Determining Best Defense

    We have previously explored the teachings by the late U.S. District judge Milton I. Shadur about answering a complaint and pleading affirmative defenses.
    United StatesLitigation, Mediation & Arbitration
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Rare Circumstances In IPRS Are Even Rarer With Poor Strategy

    In Hunting Titan Inc. v. DynaEnergetics GmbH & Co. KG, Case IPR 2018-00600 (PTAB Jul. 6, 2020), the Patent Trial and Appeal Board's Precedential Opinion Panel (POP)
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Nuclear Waste Needs A Global Fix

    As nuclear energy expands globally to meet climate goals, the unresolved challenge of nuclear waste disposal demands urgent attention. Marshall Gerstein attorney Christopher Zahn examines why international cooperation and coordinated regulatory frameworks will be essential to developing sustainable long-term waste solutions that can support the industry's growth.
    United StatesEnvironment
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP

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