The September 2023 PTAB Review begins with an analysis of recent trends in sanctions practice at the Patent Trial and Appeal Board (PTAB). Legal professionals working at corporations and law firms may find this analysis of particular relevance, as the enforcement and interpretation of these sanctions have noticeable implications on the daily proceedings of the…
As a stalwart in the tech industry, Microsoft has embarked on a strategy to tackle copyright-infringement risks to foster the adoption of its generative AI tool. The company pledged last Thursday to guard its commercial customers against infringement lawsuits. In addition, the tech giant has assured its clientele that it will shoulder any ensuing costs…
In a recent legal update, the Broad Institute, jointly with Harvard University and MIT, (referred to as “Broad”) handed in their reply brief relating to the cross-appeal of Interference No. 106,115. This marks another chapter in the ongoing legal framework surrounding CRISPR-mediated gene editing patent rights, with Broad contesting a decision from the Patent Trial…
In a rapidly digitizing world, the intersection of artificial intelligence and patent law is increasingly crucial. Recognizing this, Partners Martin Zoltick (“Marty”) and Brian Rosenbloom will be sharing their insights and experiences in a masterclass, titled “Practical Masterclass in Patenting AI at the EPO and USPTO“. The webinar is co-organized in conjunction with Haseltine Lake…
In a recent ruling, the U.S. Court of Appeals for the Federal Circuit has placed the burden on patent owners to disclaim patent terms, or otherwise risk facing allegations of double-patenting. The ruling came on August 28, 2023, in the case of In re Cellect, Appeal No. 2022-1293. The Court evaluated for the first time…
The UK legal scene has seen some significant activity over the past week, as several high-stakes litigations have made headlines. Notably, Axiom has taken its former boss to court, accusing him of misappropriating funds. These allegations, if substantiated, could have serious implications for the involved parties. Law360 provides more details. In litigation related to the…
In a recent precedential opinion, the Federal Circuit reviewed the case of VOLVO PENTA v. BRUNSWICK CORP, casting a spotlight on the importance of balanced and fair arguments when it comes to defending patent owner’s rights. The court’s decision can contribute significantly in shaping the patent domain’s future landscape. The Court, with judges Moore, Lourie,…
Yesterday, California Governor Gavin Newsom issued an executive order directing focus towards generative artificial intelligence (“GenAI”). The order reflects California’s continually growing stance as a global figurehead in the field of GenAI innovation. According to the executive order, California houses 35 of the world’s top 50 artificial intelligence companies and accounts for a quarter of…
In a crucial first-time judgement, the United States Court of Appeals for the Federal Circuit addresses how patent term adjustments (PTAs) interact with obviousness-type double patenting (ODP). The court concluded that, within a patent family encompassing different expiration dates owing to PTAs, the earlier expiring family members can be utilized as a basis for an…
In a fascinating recent development, US Patent & Trademark Office (PTO) Director Kathi Vidal vacated and remanded a Patent Trial & Appeal Board decision. This decision revolved around the denial of an institution of an inter partes review (IPR). The cause for this action was rooted in the fact that the Board failed to rightly…
In a recent ruling, the Federal Circuit took a novel stance that has jolted the patent law landscape, specifically the strategy surrounding terminal disclaimers. In the case titled In re Cellect, a series of patents were invalidated based on obviousness-type double-patenting (ODP). The ruling found that term-adjusted patents (PTA) in the same family are invalid…
In an era where the cannabis industry is rapidly expanding, protecting cannabis trademarks stands out as a significant challenge. Despite marked shifts in social and political attitudes, the legal landscape for cannabis is still fluctuating, making the process of securing trademarks particularly nuanced. According to a recent report by JDSupra, one of the pivotal steps…
On August 24, 2023, the U.S. Court of Appeals for the Federal Circuit made a substantial clarification regarding the evaluation of patent obviousness. In the case of Volvo Penta of the Ams. LLC v. Brunswick Corp., bearing Case No. 22-1765, the Court vacated a Final Written Decision from the Patent Trial and Appeal Board (PTAB),…
In a fiercely competitive business environment, corporations cling to every viable advantage, including their patent strategies. One of these strategies that has emerged is the use of what are often referred to as “picture” claims. Defining and understanding this method can provide invaluable insights into possible approaches to patent application. A “picture” claim refers to…
In a cutting-edge development within the industry, hydrogen technology appears to be driving substantial later-stage investments. Findings from a recent report jointly published by the International Energy Agency (IEA) and the European Patent Office (EPO) shed light on this intriguing dynamic. The report accentuates a significant surge in patent filings within the hydrogen sector. An…
Two bills, recently introduced in Congress, are poised to reshape the current landscape of patent litigation. The bipartisan initiatives, called the Patent Eligibility Restoration Act (PERA) of 2023 and the Promoting and Respecting Economically Vital American Innovation Leadership Act, otherwise known as the PREVAIL Act, both hold significant implications for corporations and law firms worldwide…
The US Patent and Trademark Office (USPTO) has initiated a new trademark applicant address verification process. This development is part of a larger move by the USPTO aimed towards improving and maintaining the accuracy of the Trademark Register, and to safeguard against trademark scams and bot-filed trademark applications. The new procedures for reviewing domicile addresses…
September has brought some important updates from the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office (USPTO). Their recently published Oral Hearing Guide on August 31, 2023, brings changes that could shift the way hearings are handled at this high-level litigation forum. The notable advancement comes in the form…
The Canadian Minister of Health has announced the appointment of Anie Perrault as Vice Chairperson of the Patented Medicine Prices Review Board (PMPRB). The appointment, made on August 15, 2023, will instate Perrault for a five-year term. Perrault brings a wealth of experience to her new role, with a career spanning over three decades in…
This month witnessed an array of federal court cases; however, one that stands out prominently pertains to Cellect, LLC in Appeal Nos. 2022-1293, -1294, -1295, -1296 (Fed. Cir. Aug. 28, 2023). The appeal arose from ex parte reexamination proceedings before the Patent Trial and Appeal Board. A significant point of contention in this appeal concerned…
The European Commission (EC) has recently proposed a regulation that may have significant implications for standards organizations and their members, specifically in relation to the handling of Standard Essential Patents. The proposal, officially titled as the Regulation of the European Parliament and of the Council on Standard Essential Patents COM(2023) 232 final, was released on…
The past week saw significant legal developments in the field of patent law, especially as it pertains to tech giants and their ongoing battles in the court system. A particular case of note involved Cellect, LLC and Samsung, a dispute that provided new insights into tricky areas of patent law. In the case of In…
Legal professionals, especially patent practitioners, should be alerted to a recent decision by the U.S. Federal Circuit in In Re Cellect. This decision could have a profound impact on a range of activities, including strategies in patent portfolio management, patent prosecution, patent litigation, as well as transactions involving patent assets. The ruling primarily aims to…
In a noteworthy legal events, the Federal Circuit has vacated and remanded a ruling by the Patent Trial and Appeal Board (PTAB) in the Volvo Penta patent case. The PTAB had previously found all claims of a Volvo Penta patent to be unpatentable due to perceived obviousness. The relevant patent, registered as US Patent 9,630,692,…
MarkIt to Market®’s latest edition reveals a forthcoming addition to the U.S. Patent and Trademark Office (USPTO) practice. In early August 2023, the USPTO disclosed its plan to issue a “Welcome Letter” to applicants or their legal representatives who have lodged new trademark applications. The reveal for the welcome letters came from Sterne, Kessler, Goldstein…