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District courts generally have broad discretion in determining what materials may be presented during trial, with evidentiary rulings reviewed for abuse of discretion. Consistent with this principle, the Federal Circuit has repeatedly confirmed that district courts’ discretion extends to the admissibility of evidence relating to post-grant proceedings before the Patent Trial and Appeal Board (PTAB). See, e.g., K-Tec, Inc. v. Vita-Mix Corp., 696 F.3d 1364, 1376 (Fed. Cir. 2012) (affirming district court’s decision to allow parties to discuss the extent to which Patent Office had considered a reference as within “the province of the district court”); Callaway Golf Co. v. Acushnet Co., 576 F.3d 1331, 1342–43 (Fed. Cir. 2009) (affirming district court’s exclusion of evidence of non-final reexamination determinations based on risk of jury confusion).
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By James W. Soong
For the foreseeable future, patent applications involving artificial intelligence technologies will increase with the continued proliferation of such technologies. However, subject matter eligibility can be a significant challenge in securing patents on artificial intelligence and machine learning.
By John Bowler and Kristie Butler
Nearly a century after endorsing the doctrine of assignor estoppel, the Court concluded that it applies “when, but only when, the assignor’s claim of invalidity contradicts explicit or implicit representations he made in assigning the patent.”
By Eric Alan Stone and Catherine Nyarady
The Supreme Court is considering a petition in a §101 case, in which the Federal Circuit split six-to-six in denying rehearing en banc, and in which the Supreme Court recently called for the views of the Solicitor General.
By Andrei Iancu and David J. Kappos
For the U.S. to maintain its technological edge, it must encourage Americans to make more discoveries in AI and other emerging technologies. This in turn requires providing strong IP rights to incentivize and protect the huge investments required to make those discoveries.