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  • Article

    How Early Exposure Shapes The Future Of STEM Pathways

    By the time students reach college, many have already decided whether science or engineering is "for them." Those decisions are rarely based on aptitude alone.
    United StatesConsumer Protection
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    BMW's Fight Over US Patents In Germany Previews Battles To Come

    International patent law has long operated on a simple, geographic truce: US courts evaluate and enforce US patents, and foreign national courts evaluate and enforce their patents.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    How To Overcome A Section 112 ¶ 6 Means-Plus-Function Presumption

    The Skky decision falls within the body of law regarding "rebutting" a means-plus-function presumption, although the Skky court chose not to use that specific language.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    The Arthrex Mulligan

    The Federal Circuit, in Arthrex, concluded that the Patent and Trial Appeal Board's Administrative Patent Judges were unconstitutionally appointed "principal" officers.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    This Seems Absurd, But …

    Last year, a district court applied the doctrine of collateral estoppel to dismiss an infringement suit after the Patent Trial and Appeal Board decided to cancel the asserted patent's claims in an inter partes review.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Federal Circuit To Decide Whether KSR Applies To Design Patents

    On June 30th, the Federal Circuit granted a petition for re-hearing en banc in LKQ Corp. v. GM Global Tech. Operations LLC.1 LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review...
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Haste Makes Waste?

    If the Federal Circuit's decision in Arthrex wasn't sufficiently newsworthy, then look at what lurks in its wake.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Patent Interferences May Not Involve Pure AIA Patent

    The Patent Office is not supposed to issue separate patents for the same invention to competing inventors. Several statutory provisions empower the Office to reject pre-AIA patent application claims of the later inventor.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    "Some U.S. Patent Law Basics For 3D Printing"

    Efforts to patent 3D printing technology are frequently the subject of articles on this website. Preparing and filing a U.S. utility patent application
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Do You Have To List An Artificial Intelligence (AI) System As An Inventor Or Joint Inventor On A Patent Application?

    Generative artificial intelligence (AI) systems, such as ChatGPT, can output new content based on user input.
    United StatesTechnology
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Data Privacy Law And Intellectual Property Considerations For Biometric-Based AI Innovations

    Artificial Intelligence (AI) innovations that use biometrics data are on the rise. While the Intellectual Property (IP) potential for such innovations is vast
    United StatesPrivacy
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Patenting Virtual Reality (VR) Inventions In The Age Of The Metaverse

    Virtual Reality (VR)-related patents are expected to rise with the onset of the Metaverse.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    How To Patent An Artificial Intelligence (AI) Invention: Guidance From The U.S. Patent Office (USPTO)

    AI-related inventions have experienced explosive growth.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    "Supreme Court Decision Invites Confusion And Delay"

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

    Why Including An "Algorithm" Is Important For Software Patents (Part 2)

    In some instances, software-based patent applications can fail to include a sufficient algorithm describing "how" the software interacts with the underlying hardware of the invention.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Opinions Designated As Precedential Illuminate How Factors Governing Discretionary Denial Of IPR Petitions Under 35 U.S.C. §314(a) Are Applied

    The Patent and Trial Appeal Board designated as precedential two opinions with opposite outcomes on the issue of discretionary denial of inter partes review petitions under 35 U.S.C. §314(a) in July.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Estoppel Evolves

    Back in 2016, the Federal Circuit held that a petitioner retains the ability, after an adverse Patent Trial and Appeal Board decision, to assert un-instituted invalidity grounds it presented in its petition.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    Patenting Software And Computer-Implemented Inventions In Southeast Asia

    PatentNext Summary: Software and computer-implemented inventions (CII) have experienced explosive growth in recent years. This article looks at laws of jurisdictions in Southeast Asia...
    GlobalIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    PTAB Finds Artificial Intelligence (AI) Medical Device Patent Not So Obvious

    Artificial Intelligence (AI) typically involves certain common aspects such as training data and AI models trained from that training data.
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP
  • Article

    ChatGPT And Intellectual Property (IP) Related Topics

    ChatGPT is an artificial intelligence (AI) model developed by OpenAI. In particular, ChatGPT is a type of "language" model designed to respond with a natural language reply when prompted...
    United StatesIntellectual Property
    Marshall, Gerstein & Borun LLP
    Marshall, Gerstein & Borun LLP

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