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Patent Litigation Intellectual Property Protection Technology Sector

A&O Shearman

Patent litigation defendants beware: RESTORE Patent Rights Act

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Are injunctions back as a matter of law in all patent cases? The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 aims to address a growing concern in...more

Womble Bond Dickinson

Federal Circuit Reversal in Assignment Clause Case Highlights Importance of Contract Language in Intellectual Property Ownership

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In a split opinion issued Tuesday, and based on language in an assignment clause of a contract, the Federal Circuit overturned a district court's summary judgment that Core Optical lacked standing to sue Nokia, Cisco, and...more

Fenwick & West LLP

How to Maximize Your AI-Assisted Invention’s Patentability

Fenwick & West LLP on

Artificial intelligence is rapidly reinventing the research and development process, but until recently, patentability remained a major uncertainty. That’s until the United States Patent and Trademark Office stepped in and...more

Jones Day

Patent Appendix That Was Referenced, But Not Incorporated, Is Not Prior Art

Jones Day on

In Apple Inc. v. DoDots Licensing Sols. LLC, IPR2023-00939, Paper 12 (PTAB Jan. 3, 2024) (“Decision”), the PTAB clarified what is and what is not part of the prior art, and as such what can be considered by the PTAB in an IPR...more

Dorsey & Whitney LLP

AI cannot be an inventor of a UK Patent

Dorsey & Whitney LLP on

The United Kingdom Supreme Court (the ultimate appeal level in the UK legal system) has ruled in a decision of 20 December 2023 that an artificial intelligence (“AI”) system cannot be identified in a patent application as the...more

White & Case LLP

UK Supreme Court Rules Against AI Inventorship of Patents

White & Case LLP on

On December 20, 2023, the UK Supreme Court ("Court") dismissed Dr. Stephen Thaler's appeal, unanimously affirming the decision of the Comptroller-General of Patents, Designs and Trademarks ("Comptroller") that a machine which...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Mastering the Recipe of Food Technology Intellectual Property

Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more

Erise IP

MicroLED displays are on the horizon. Here are the IP implications, including potential litigation

Erise IP on

Plasma. LCD. QLED. OLED. To anyone who has purchased a TV, phone or tablet in the past couple of decades, these terms have undoubtedly been flouted for marketing purposes, each generation of device having a display that is...more

Linda Liu & Partners

Invention-Creations Related to Work Tasks Made During the Service Period Belong to Service Invention-Creations | Dispute over...

Linda Liu & Partners on

Judgment Gist - According to the relevant provisions of the Patent Law, an invention-creation made by performing the tasks of the entity concerned or mainly using the material and technical conditions of the entity...more

JAMS

Dispute Resolution Planning for Startups in the New Age of Generative AI

JAMS on

At the time of this writing, generative artificial intelligence (AI) is taking the world by storm, and legal issues abound. Artists are suing AI art-generating companies for copyright infringement. Getty Images is suing for...more

Irwin IP LLP

Amended Complaint Gives Plaintiff a Do-Over, Not the Defendant

Irwin IP LLP on

Power Probe Grp., Inc. v. Innova Electronics Corp., 21-cv-00332 (D. Nev. Apr. 27, 2023) While it is accepted that filing an amended complaint supersedes the original complaint rendering it without legal effect, a defendant...more

Linda Liu & Partners

Current State and Emerging Challenges of SEP Licensing for Intelligent Connected Vehicles in China (II)

Linda Liu & Partners on

III. Principles and Methods Adopted by Chinese Courts for Calculating SEP Royalties in Lawsuits in the Field of Communications - 1. Regarding Justiciability of SEP License Disputes in China - Interpretation of the Supreme...more

Bennett Jones LLP

Artificial Intelligence Patenting: Top Challenges and Key Considerations

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In this blog, we consider the challenges in patenting artificial intelligence (AI) and the key considerations companies should make when drafting strong AI patent applications....more

Jones Day

Patent Owner Ordered To Produce Infringement Contentions

Jones Day on

On May 3, 2022, a panel of three PTAB administrative patent judges granted a motion for additional discovery in TCL Industries Holdings Co., Ltd. v. Parkervision, Inc., IPR2021-00985, (PTAB 2022), in which the PTAB deemed the...more

Jones Day

Claim Construction Clash Leads to Invalidity Reprieve

Jones Day on

In XR Communications, LLC v. D-Link Systems, Inc. Et. Al., a judge in the Central District of California found that certain asserted claims claiming to wireless communication technology were barred by the doctrine of...more

Fish & Richardson

Strategic IP Considerations of Batteries and Energy Storage Solutions

Fish & Richardson on

The lithium-ion battery, introduced commercially in 1991, revolutionized the consumer electronics industry. Compared with older battery technologies, the lithium-ion battery was lightweight and compact, had high energy...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights, Volume 2, Issue 22

Assignment and Recordation of Patent Ownership Rights - A patent has the attributes of intangible personal property: it can be sold or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased...more

Farella Braun + Martel LLP

Tech Companies Should Strongly Consider Monetizing Their Patent Portfolios During the Economic Downturn

The COVID-19 pandemic and widespread shelter-in-place orders have hit every corner of the country’s economy, including tech companies of all sizes. Many tech companies have traditionally maintained large patent portfolios to...more

Sheppard Mullin Richter & Hampton LLP

Intellectual Property Outlook: Cases and Trends to Follow in 2020 — Part 2

ART 2: EFFORTS TO CLARIFY PATENT ELIGIBILITY UNDER § 101 - In this four-part series, we take a look forward at the cases, legislation, and other trends that are likely to have a significant impact on intellectual property...more

Fenwick & West LLP

Developing a Patent Portfolio

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Intellectual property (IP) is the key asset for many startup companies. Patents are one of the primary tools for protecting the IP. Yet many founders view patents as a mysterious “black box” to be dealt with at a later time....more

Holland & Knight LLP

Peer-to-Peer Employment Verification Patent Directed to Unpatentable Subject Matter

Holland & Knight LLP on

Tenstreet asserted its patent against DriverReach, a recruiting company for hiring CDL drivers, in the Southern District of Indiana. DriverReach moved to dismiss the complaint, arguing that the asserted patent was directed to...more

Fenwick & West LLP

Patent Eligibility Reform in Congress: Updates on the Tillis-Coons Proposal

Fenwick & West LLP on

In April, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) proposed a draft framework for legislation reformulating the standards for determining patent eligibility under § 101 of the Patent Act. The framework largely...more

Holland & Knight LLP

Vehicle Control Patent Survives Early Eligibility Challenge

Holland & Knight LLP on

Jaguar Land Rover (JLR) asserted U.S. Patent No. RE46, 828, titled "Vehicle Control" against its competitor Bentley Motors Limited. The patent is related to electronically controlling the vehicle's subsystems (e.g., engine,...more

Foley & Lardner LLP

Automotive MarketTrends - June 2019, Issue 2

Foley & Lardner LLP on

Welcome to Foley’s Automotive MarketTrends newsletter. In each edition, we will focus on a different aspect of the automotive sector and highlight key trends in the industry. In this issue, we focus on collaboration and the...more

McDermott Will & Emery

Still Open for Discussion: Venue Based on Presence of Servers

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit elected not to decide en banc whether servers or similar equipment in third-party facilities constitute a regular and established place of business under the patent venue...more

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