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Fifteenth Anniversary Update: Annotated Local Patent Rules For The Northern District Of Illinois

Jones Day

Almost 15 years ago, in an effort to create greater predictability for patent litigation in the Northern District of Illinois, the District enacted Local Patent Rules ("LPR").

The Pleading Standard For Complex Technology? It's Complex.

Axinn Veltrop & Harkrider

Can a patentee really just take a pass on alleging that an accused product meets a limitation in an asserted claim, even where the case involves complex technology?...

To Patent, Or Not To Patent: Patenting Vs. Trade Secret Protection

Romano Law

In the realm of innovation and entrepreneurship, safeguarding intellectual property (IP) is paramount.

Common Mistakes To Avoid In Provisional Patent Applications

NovoTech Patent Firm

Navigating the world of patents can be daunting, especially for first-time inventors and entrepreneurs. One common route is filing a provisional patent application.

IPRS And Co-Pending Patent Litigation: How To Navigate Them Successfully

Vorys Sater Seymour & Pease

Bill Oldach, a partner in the Vorys Washington, D.C. office, and Lauren Kickel, an associate in the Vorys Houston office, co-authored an article for For the Defense...

Gen AI And IP - Highlights From The USPTO/Copyright Office Public Symposium

Vorys Sater Seymour & Pease

U.S. Patent and Trademark Office (USPTO) and Copyright Office (USCO) personnel, practitioners and other stakeholders gathered yesterday at Loyola Law School in Los Angeles...

U.S. Patent Office Issues Additional Guidance On Use Of AI Tools

Buchanan Ingersoll & Rooney PC

On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.

Federal Circuit Affirms Summary Judgment In Precedential Opinion On Patent Claims Directed To Targeting Advertisements As Ineligible Subject Matter Under 35 U.S.C. § 101

Akin Gump Strauss Hauer & Feld LLP

The Federal Circuit recently affirmed summary judgment that patent claims directed to identifying advertisements based on search results are patent ineligible subject matter under 35 U.S.C. § 101.

IPR And PGR Statistics For Final Written Decisions Issued In February 2024

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

In February, the PTAB cancelled 397 (71.27%) instituted claims across 32 IPR and PGR Final Written Decisions, including decisions issued following remand from the Federal Circuit.

USPTO Publishes Notice Of Proposed Rulemaking For Director Review

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

The U.S. Patent and Trademark Office ("USPTO") published a Notice of Proposed Rulemaking, which, if implemented...

MDL Panel Grants Transfer Of Aflibercept BPCIA Case

Goodwin Procter LLP

As we previously reported, on January 11, 2024, Regeneron Pharmaceuticals, Inc. ("Regeneron") moved to establish a multi-district litigation ("MDL") for its aflibercept BPCIA litigation...

Southeast Litigation Update: February 2024

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

This is part of a series of articles discussing recent orders of interest issued in IP cases by the United States District Courts in the Southeast.

Proposed March-In Guidance Signals Funding Agencies To Actively Evaluate Government Rights Under The Bayh-Dole Act

Wolf, Greenfield & Sacks, P.C.

The Bayh-Dole Act ("Bayh-Dole") governs the rights to inventions made with federal assistance. It offers ownership rights to federal award recipients...

Federal Income Taxation Of Intellectual Property Development And Cost Recovery

Gray Reed & McGraw LLP

Intellectual property ("IP") development can cost millions of dollars so cost recovery timing can be financially material.

Revolutionizing The Patent Landscape: Navigating The USPTO's Bold Fee Overhaul For 2025

Seyfarth Shaw LLP

The United States Patent and Trademark Office (USPTO) has proposed significant changes to patent fee structures for the 2025 fiscal year.

USPTO Guidance On Use Of AI-Based Tools In Practice: How To Mitigate Risk

Wolf, Greenfield & Sacks, P.C.

Use of AI-based tools are permitted, but parties should use caution to ensure compliance with all duties and obligations...

Availability Of Document On Government Website Insufficient For Institution

Jones Day

In denying inter partes review in OBM, Inc. & Cholla Energy LLC v. Lancium LLC, the PTAB again made clear that "technical availability" of a reference is not enough to establish ...

Petition Denied For Lacking Section 112(f) Construction And Fintiv

Jones Day

On March 7, 2024, the PTAB denied institution in 10x Genomics, Inc. v. President and Fellows of Harvard College, IPR2023-01299, Paper 15 (PTAB Mar. 7, 2024) ("Decision").

Navigating The AI Intellectual Property Maze - Key Points From Congressional Hearing

Crowell & Moring LLP

On April 10, 2024, the U.S. House of Representatives, Judiciary Committee Subcommittee on Intellectual Property convened Part III to an ongoing discussion and exploration of artificial intelligence...

Vanda Swings For The Fences And Asks The Supreme Court To Heighten The Standard For Obviousness

Axinn Veltrop & Harkrider

Among the most established standards in patent law is that obviousness requires a motivation to combine the prior art with "a reasonable expectation of success."

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