News & Analysis as of

Appeals Patent Applications Inventors

Erise IP

Eye on IPRs, April 2024: PTAB’s Analogous Art Finding Upheld by Federal Circuit, Blockchain Gemstone Identifying Process Patent...

Erise IP on

Every month, Erise’s patent attorneys review the latest inter partes review cases and news to bring you the stories that you should know about: Federal Circuit Affirms PTAB’s Analogous Art Finding - As IP Watchdog...more

McDermott Will & Emery

Who Solved the Problem? Joint Inventors, That’s Who

The US Court of Appeals for the Federal Circuit affirmed a district court’s decision to correct inventorship in a post-issuance inventorship dispute, finding that the alleged joint inventors’ contributions were significant...more

Haug Partners LLP

But I’m an Inventor! HIP v. Hormel Foods Demonstrates that a Significant Contribution Is Required to Be a Co-Inventor on a Patent

Haug Partners LLP on

On May 2, 2023, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in HIP, Inc. v. Hormel Foods Corp. that reversed a district court’s decision to grant plaintiff’s request to have their employee...more

AEON Law

Patent Poetry: US Supreme Court Declines to Consider Appeal of AI Inventor Decision

AEON Law on

The US Supreme Court has declined to hear a petition on the issue of whether artificial intelligence (AI) can be considered an inventor on a patent. As we discussed in this blog, in 2019 Stephen Thaler sought patent...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2022 #3

Hologic, Inc. v. Minerva Surgical, Inc., Appeal Nos. 2019-2054, -2081 (Fed. Cir. Aug. 11, 2022) - Our Case of the Week follows the Hologic saga as it returns to the Federal Circuit on remand from the Supreme Court’s...more

AEON Law

Patent Poetry: Federal Circuit Rules AI Can't Invent

AEON Law on

The Federal Circuit has ruled that only human beings – and not an artificial intelligence (AI) can be considered an “inventor” under US patent law. (We wrote about this issue way back in 2017, by the way…)... ...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2022 #2

PATENT CASE OF THE WEEK - Thaler v. Vidal, Appeal No. 2021-2347 (Fed. Cir. Aug. 5, 2022) - In its only precedential patent decision this week, the Federal Circuit answered a question that had long occupied the musings...more

BakerHostetler

Federal Circuit Hears Case on Whether an AI-Generated Invention Is Patentable

BakerHostetler on

On June 6, the U.S. Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications - As described in a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights Newsletter: May 2022

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Proskauer - Life Sciences

Update on Artificial Intelligence as a Patent Inventor

Our previous blog posts, Artificial Intelligence as the Inventor of Life Sciences Patents? and Update on Artificial Intelligence: Court Rules that AI Cannot Qualify As “Inventor,” discuss recent inventorship issues...more

Buckingham, Doolittle & Burroughs, LLC

Should AI be an Inventor?

We live at a time when Artificial Intelligence (AI) autonomously drives cars, carries on conversations with humans, and in many other ways engages in seemingly intelligent and increasingly even creative acts previously...more

Fenwick & West LLP

Written Description of Therapeutic Efficacy

Fenwick & West LLP on

Inventors are generally counseled to file a patent application as soon as they have a patentable invention to avoid potential forfeiture of important rights in today’s first inventor-to-file system. However,...more

McDermott Will & Emery

Mismatch Between Claims and Specification Leads to Invalidity

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) invalidity decision in an interference proceeding, finding that the written description of the patent at issue did not describe...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2019

PATENT CASE OF THE WEEK - Duncan Parking Techs., Inc. v. IPS Group, Inc. and IPS Group, Inc. v. Duncan Solutions, Inc. et al., Appeal Nos. 2018-1205, -1360 (Fed. Cir. January 31, 2019) - The Court this week provided a...more

Dechert LLP

Surgeries Conducted More Than a Year Before Patenting Found Not to Bar Patent on Surgical Method

Dechert LLP on

In an important decision impacting life sciences patentees, a divided panel of the Federal Circuit in Barry v. Medtronic, Inc., Appeal No. 2017-2463 (Fed. Cir. January 24, 2019), affirmed a jury’s finding that a doctor was...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Texas Advanced Optoelectronic Solutions, Inc. v. Renesas Electronics America, Inc., Appeal Nos. 2016-2121, -2208, -2235 (Fed. Cir. 2018)?- In an appeal from a jury trial, the Federal Circuit addressed numerous issues...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - Droplets, Inc. v. E*TRADE Bank., Appeal No. 2016-2504 (Fed. Cir. 2018)?- In an appeal from an inter partes review, the Federal Circuit affirmed a decision by the PTAB invalidating a patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re Van Os (Fed. Cir. 2017)

"Intuitive" to Combine Insufficient to Support Obviousness Rejection - The Federal Circuit recently issued a decision in an appeal from the U.S. Patent and Trademark Office Patent Trial and Appeal Board in a case...more

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