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Could AI be the Largest Pharma Co.? USPTO Requests Public Comments on Patenting AI

September, 17th, 2019

By Mackenzie L. Long Earlier this year the United States Patent and Trademark Office (USPTO) released eligibility guidelines for AI-related inventions. However, there still remains multiple questions regarding the ability to patent AI inventions. Late [Read More…]

Improving Generic Drug Safety and Public Health through Private Tech

June, 5th, 2019

While many Americans rely on generic drugs as an inexpensive way to treat common ailments, common essential medications can vary in quality from manufacturer to manufacturer and even batch to batch of, especially when a drug goes [Read More…]

Stop Infringers At The Border

April, 18th, 2019

By Christopher J. Stankus Section 337 Investigations at the International Trade Commission (“ITC”) can be a vital weapon for patent owners to protect their U.S. intellectual property against infringing imports. Section 337 Investigations are resolved [Read More…]

The Art of Patent War: A Global Patent Strategy

January, 8th, 2019

By Victor P. Lin Just last year, the seven-year-long patent war between Apple and Samsung came to an end with both parties agreeing to settle the dispute over Samsung’s infringement of multiple U.S. utility and [Read More…]

Hoping 2019 Brings Clarity to Patentable Subject Matter

January, 2nd, 2019

By Christopher J. Stankus We find ourselves reflecting on 2018’s patent law developments as we welcome the New Year. One notable advancement is the USPTO’s efforts to aid examiners and clarify the law on Section [Read More…]

Making Provisional Applications Part of Your IP Strategy

August, 2nd, 2018

By Stephen F. W. Ball, Jr. & Sean E. Paquette A provisional application is a type of U.S. patent application that is “informal” in the sense that there are no requirements for acceptance. It does [Read More…]

Sec. 101 Motions: Patent Panacea or Plague?

April, 12th, 2018

By Wesley W. Whitmyer, Jr. Motions to Dismiss on grounds that patents fail to claim patent-eligible subject matter, so called 101 or Alice Motions, have proliferated like dandelions in spring.  It’s the defense du jour for alleged infringers lacking prior [Read More…]

CAFC Seemingly Expands Inequitable Conduct to Litigators

November, 14th, 2017

By Christopher J. Stankus Patent prosecution attorneys are well aware of their duty of candor to the PTO. However, in Regeneron Pharmaceuticals, Inc. v. Merus N.V., No. 2016-1346 (Fed. Cir. July 27, 2017), the Federal Circuit [Read More…]

The Great Chemical Divide: Federal Circuit Suggests the Insubstantial Differences Test for Evaluating Equivalence in Chemical Patent Cases

July, 14th, 2017

By Mackenzie L. Long In 1950 the Supreme Court outlined the two tests for evaluating the doctrine of equivalents in the case, Graver Tank & Mfg. Co. v. Linde Air Products Co., 339 U.S. 605, [Read More…]

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