Rethinking In re Cellect and Its Consequences
Patent Docs » BioTech
by Patent Docs
5d ago
By Kevin E. Noonan -- The Federal Circuit's In re Cellect decision has caused a great deal of commentary and proposals to avoid its consequences, including changing prosecution strategies and filing prospective, precautionary terminal disclaimers (see "Overcoming the Consequences of In re Cellect") to reimbue predictability regarding patent term to patent portfolio prosecution (as well as there being a pending certiorari petition before the Supreme Court). While understandable reactions, the reality (provided it is appreciated) may be much simpler: a proper understanding and resulting applicat ..read more
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The New York Times Case against OpenAI is Different. Here's Why.
Patent Docs » BioTech
by Patent Docs
1w ago
By Michael Borella -- On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright infringement, contributory copyright infringement, violation of the Digital Millennium Copyright Act (DMCA), unfair competition, and trademark dilution (complaint). Unlike other high profile copyright actions brought against OpenAI (e.g., by the Author's Guild, Julian Sancton et al., Michael Chabon et al., Sarah Silverman et al., Paul Tremblay and Mona Awa ..read more
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RegenxBio Inc. v. Sarepta Therapeutics, Inc. (D. Del. 2024)
Patent Docs » BioTech
by Patent Docs
1w ago
By Kevin E. Noonan -- A consequence (predominantly negative) of the Supreme Court's recent foray into defining (however inadequately) the contours of patent-eligible subject matter is to give the district courts (and to a somewhat lesser extent, the Patent and Trademark Office) free rein to apply any Supreme Court precedent (no matter how archaic, ill-defined or incoherently reasoned) in invalidating claims on Section 101 grounds. This tendency was exhibited in the district court invalidation of the Sequenom patent portfolio (Ariosa Inc. v. Sequenom, Inc.), and has arisen, phoenix-like in a de ..read more
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USPTO Issues Guidance about Inventorship of AI-assisted Inventions
Patent Docs » BioTech
by Patent Docs
2w ago
By Aaron Gin and Michael Borella -- On February 12, 2024, the U.S. Patent and Trademark Office released detailed guidance regarding inventorship of inventions created with the assistance of artificial intelligence (AI). The guidance, signed by Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, is scheduled to be published in the Federal Register on February 13, 2024. The guidance focuses on how inventorship should be determined in U.S. patents and patent applications when AI, including generative AI, plays a role in the conception and/or reduction to ..read more
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United Therapeutics Corp. v. Liquidia Technologies, Inc. (Fed. Cir. 2023)
Patent Docs » BioTech
by Patent Docs
3w ago
By Kevin E. Noonan -- One of the most notable consequences (intended or not, for good or ill) of the Leahy-Smith America Invents Act (AIA) has been the possibility (now likelihood, if only in frequency) that the decisions of the Patent Trial and Appeal Board and district courts will be different (typically to the detriment of patent holders). This outcome Is at least in part the result of differences in the burdens of proof between the two fora, specifically the preponderance of the evidence before the Board and the clear and convincing evidence in court. These circumstances have raised concer ..read more
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Malvern Panalytical Inc. v. TA Instruments-Waters LLC (Fed. Cir. 2023)
Patent Docs » BioTech
by Patent Docs
1M ago
By Kevin E. Noonan -- One of the characteristics of patent infringement litigation in the aftermath of the Supreme Court's decision in Markman v. Westview Instruments, Inc. (holding that claim construction was a matter of law to be reviewed de novo by the Federal Circuit; but see Teva Pharma. USA, Inc. v. Sandoz, Inc.) was that an inordinate proportion of claim construction decisions were overturned in whole or part. Those proclivities have been attenuated in the years following the Cybor v. FAS Technologies* opinion, but the Court's recent decision in Malvern Panalytical Inc. v. TA Instrument ..read more
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USPTO Contributes Patent and Trademark Data to Help Launch National AI Research Resource Pilot Program
Patent Docs » BioTech
by Patent Docs
1M ago
By Aaron Gin -- This week, the U.S. National Science Foundation (NSF) alongside public and private sector collaborators launched the National Artificial Intelligence Research Resource (NAIRR) pilot program. NAIRR seeks to advance AI discovery and innovation by making resources available from 11 different federal agencies and over 25 private companies. The pilot program was formed as a direct reaction to President Biden's 2023 AI Executive Order (specifically section 5.2(a)(i)) and targets several of the EO's broad topics including "Ensuring Responsible and Effective Government Use of AI" and ..read more
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Top Four Stories of 2023
Patent Docs » BioTech
by Patent Docs
1M ago
By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 17th annual list of top patent stories. For 2023, we identified ten stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and applicants. On Monday and Wednesday last week, we counted down stories #10 to #8 and stories #7 to #5, and today we count down the top four stories of 2023. As with our other lists (2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013,...        ..read more
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USPTO Further Transitions to DOCX Format
Patent Docs » BioTech
by Patent Docs
1M ago
By Donald Zuhn -- In an email News Brief distributed today, the U.S. Patent and Trademark Office reminded stakeholders that starting at 12:01 am (ET) on January 17, the filing of new, non-provisional utility patent applications with specification, claims, and abstract in a non-DOCX filing format will incur a surcharge of up to $400. The Office noted that an Applicant will still have the option of providing a backup (or auxiliary) PDF version of a newly filed application with the DOCX version, and that there would be no fee associated with providing the backup PDF. The Office indicated that the ..read more
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Top Stories of 2023: #8 to #10
Patent Docs » BioTech
by Patent Docs
1M ago
By Donald Zuhn –- After reflecting upon the events of the past twelve months, Patent Docs presents its 17th annual list of top patent stories. For 2023, we identified ten stories that were covered on Patent Docs last year that we believe had (or are likely to have) a significant impact on patent practitioners and applicants. Today, we count down stories #10 to #8, and later this week we will count down the remaining top stories of 2023. As with our other lists (2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, and 2007),...       ..read more
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