#patent-law

#patent-law

"If Xerox wanted its more limited construction, it should have written the claims as it did in the substitute claim," said the CAFC.

Cancellation bears on what can be covered under the doctrine of equivalents... because a relevant artisan would understand the close basic-physics relationship of the cancelled and retained claims.

The Plant Patent Act of 1930 allows for the patenting of newly discovered and asexually reproduced plants, including cultivated sports, mutants, hybrids, and seedlings. It, however, excludes tuber propagated plants and those found in their natural state.

"We see no reason to distinguish between disclaimer by amendment and disclaimer by argument and conclude that a patentee may surrender claim scope of a design patent by its representations to the Patent Office during prosecution."

Wen Xie emphasizes the inevitability of AI's presence in every profession and technology, asserting that resistance is futile in patent drafting and prosecution.

The U.S. Supreme Court has repeatedly declined to take patent eligibility cases, creating chaos around Section 101 that threatens American innovation and economic security.

The upcoming Supreme Court petition in Lynk Labs, Inc. v. Samsung Electronics Co. presents a critical examination of the meaning of "prior art" in patent law.

Knobbe Martens seeks a Patent Scientist to contribute to patent protection for innovative technologies, requiring technical expertise in science and engineering.

"If it is repugnant for legislation to apply retroactively to destroy settled expectations, it must similarly be repugnant for a concocted common law doctrine to be applied retroactively to destroy settled expectations."

Driscoll's holds significant power in the berry market, not by growing berries directly but through licensing new varieties and enforcing strict patent rights.

Hikma's generic Vascepa, with its "skinny label," poses a challenge for patent protection, potentially undermining the incentives for innovation in the pharmaceutical industry.

"Until the panel decision, this Court had never suggested that Alice step one requires a patent to claim both (1) a new application of an established process and (2) an improvement to the technology used in that process."

In Contour IP Holding, a patented video streaming technology was initially struck down in the district courts as ineligible, only to be revived by the Federal Circuit in a rare 101 reversal.

PERA 2025 maintains that unmodified human genes in the human body are not patent eligible, but changes the previous definition of gene modification.

According to the appeals judges, the court's choice to combine all five infringement claims into a single question meant that the verdict form violated Apple's right to a jury unanimity for each claim.

"What has always drawn my attention to the ITC is that it is a fairly collaborative and yet aggressive forum for building a detailed factual record around which you can gather a host of opinions."

The large number and vast scope of the patents asserted in the district court litigation... weighs against discretionary denial, as the Board is better suited to review a large number of patents involving diverse subject matter.

In the recent iRhythm Technologies v. Welch Allyn decision, a new basis for discretionary denial emphasizes a petitioner's prior knowledge of a patent and inaction.

If there are fewer medical diagnostics there will be fewer medical devices and treatments. Real innovation is a function of risk and reward in a mathematical sense.

The U.S. Court of Appeals for the Federal Circuit determined that Recentive's AI patents were not eligible for patent protection, emphasizing they lacked inventive concepts.

"The 2024 report shows a notable surge in filings from plaintiffs who are not classified as high-volume plaintiffs, fueling a 22% increase in cases from 2023."

The USPTO evaluated the claim language without formal construction, relying solely on existing evidence about Jorgensen's technique of collimation to assess claim validity.

Olga Berson discusses her journey from science to patent law, emphasizing the importance of patent lawyers as the intellectual backbone of legal fields, especially amidst AI advancements.

"The [Federal Circuit's] decision conflates the activity of 'patent ownership' with the activities of a 'mere importer...'" - ITC petition

The Federal Circuit's opinion clarifies the limits of collateral estoppel in patent law, particularly regarding priority dates in context of provisional and non-provisional applications.

These decisions highlight the fact-intensive nature of the inquiry into a potential infringer's legitimate business and commercial intent. Without concrete proof of experimental intent, the defense is unlikely to succeed.