The Patent Trial and Appeal Board (PTAB) recently reversed obviousness rejections based on an Applicant demonstrating commercial success of an infant spoon, in Ex Parte Doug Gonterman and Jessica Lineberry. The PTAB found...more
6/21/2022
/ Commercial Success ,
Ex Parte ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Inventions ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Retail Market
The Federal Circuit, in Atlanta Gas Light Co. v. Bennett Regul. Guards, Inc., 21-1759, in an opinion by Judge STOLL, dismissed Atlanta Gas’s appeal for lack of jurisdiction. In this case, Atlanta Gas filed an IPR which was...more
NFTs are verifiable cryptographic tokens, which can act as a form of digital receipt. NFTs can also be used to evidence the authenticity, ownership, and provenance of real-world tangible items, such as artwork and real...more
NFTs are verifiable cryptographic tokens, which can act as a form of digital receipt. NFTs can also be used to evidence the authenticity, ownership, and provenance of real-world items, such as artwork and real property, or...more
4/21/2022
/ Blockchain ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Entertainment Industry ,
Financial Markets ,
Intellectual Property Protection ,
Investment Opportunities ,
Movies ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Quentin Tarantino ,
Star Wars
On February 28, 2022, in American Well Corporation v. Teladoc Health, Inc. IPR2021-00748, the PTAB denied a motion to submit supplemental information. In this matter, the Board instituted a trial of all claims and all...more
On December 14, 2021, the PTAB instituted Post-Grant Review (PGR) for certain claims of U.S. Pat. No. 10,855,671 (the ‘671 Patent) in Netskope, Inc. v. Bitglass, Inc., PGR2021-00091 while, on the same date, denying...more
In Unified Patents, LLC f/k/a Unified Patents Inc. v. Electronics and Telecommunications Research Institute (IPR2021-00827), the PTAB denied a patent owner’s request to file a motion for additional discovery into any real...more
AI is becoming ubiquitous across all industries. AI systems and services are embedded in everyday products and services, including Amazon's Alexa, Netflix streaming services, and Nest smart thermostats. AI systems are also...more
A recent case in the Northern District of Illinois addressed the issue of collateral estoppel in connection with patents that were similar to those previously cancelled by the PTAB: In Think Prods., Inc. v. Acco Brands...more
The Situation: Artificial intelligence ("AI") is being used to develop new inventions without human aid. As AI capabilities increase, patent offices around the globe are being confronted with difficult questions about whether...more
The emergence of artificial intelligence-related technology as a means of innovation has led to uncertainties for companies across industries, primarily because U.S. patent law has historically held that intellectual property...more
4/20/2020
/ Artificial Intelligence ,
Computer-Related Inventions ,
Copyright ,
Innovation ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inventors ,
Patents ,
Popular ,
Trade Secrets ,
Trademarks ,
USPTO
The Situation: Artificial intelligence ("AI") is emerging as a key driver of innovation in the biopharmaceutical industry, which uses AI in research and development ("R&D") to analyze big data.
The Result: AI is already...more
12/20/2019
/ Artificial Intelligence ,
Biopharmaceutical ,
Biotechnology ,
Clinical Trials ,
Intellectual Property Protection ,
Life Sciences ,
Machine Learning ,
Patent-Eligible Subject Matter ,
Pharmaceutical Industry ,
Popular ,
Public Comment ,
R&D ,
Research and Development ,
USPTO
The Situation: Advances in artificial intelligence ("AI") are providing the ability to automatically create and design innovations without human assistance. AI's impact on patent, copyright, trademark, trade secret, and other...more
11/26/2019
/ Artificial Intelligence ,
Authorship ,
Comment Period ,
Computer-Related Inventions ,
Copyright ,
Copyright Office ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Applications ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Public Comment ,
Trade Secrets ,
Trademarks ,
USPTO
The Situation: Artificial intelligence ("AI") is growing more powerful and gaining application in many areas. AI can now create new innovation on its own, without a human inventor—a capability that will only expand as...more
9/9/2019
/ Artificial Intelligence ,
Computer-Related Inventions ,
Corporate Counsel ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Applications ,
Patents ,
Popular ,
Public Comment ,
USPTO ,
Young Lawyers
The Situation: Artificial intelligence and machine learning ("AI/ML") play an increasingly important role in a number of industries, and those industries are seeking ways to guard their innovations by means of copyright and...more
10/25/2018
/ Artificial Intelligence ,
Computer-Related Inventions ,
EU ,
European Patent Office ,
Intellectual Property Protection ,
Patent Applications ,
Patent Examinations ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Technology
Last week, the United States Patent and Trademark Office (USPTO) hosted the annual meeting of the heads of the world’s five largest intellectual property offices, commonly referred to as the IP5 (see a related press release)....more
6/22/2018
/ Artificial Intelligence ,
EPO ,
Global Dossier ,
Intellectual Property Protection ,
JPO ,
KIPO ,
Patent Examinations ,
Patents ,
Press Releases ,
SIPO ,
USPTO
The Situation: Artificial intelligence ("AI") and big data ("BD") innovations are driving forces of the current technological revolution, dramatically changing the way we search for information, communicate, operate devices,...more
4/5/2018
/ Artificial Intelligence ,
Big Data ,
Claim Limitations ,
CLS Bank v Alice Corp ,
Computer-Related Inventions ,
Indefiniteness ,
Intellectual Property Protection ,
Litigation Strategies ,
Patents ,
Prior Art ,
Section 112 ,
Software Patents
The Situation: Artificial intelligence ("AI") and big data ("BD") innovations are a driving force of the current technological revolution, dramatically changing the way we search for information, communicate, operate devices,...more
3/15/2018
/ Artificial Intelligence ,
Big Data ,
CLS Bank v Alice Corp ,
Emerging Technology Companies ,
Intellectual Property Protection ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Software Patents ,
Technology Sector ,
USPTO
In recent years, carmakers and suppliers have significantly increased the number of patent applications they file in the United States and abroad, but patent protection may not always be the right tool. Trade secret...more
5/3/2017
/ Automotive Industry ,
Connected Cars ,
Driverless Cars ,
Innovation ,
Intellectual Property Protection ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Popular ,
Software ,
Wireless Technology