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Features
The U.S. Court of Appeals for the Federal Circuit recently addressed the usage of the doctrine of collateral estoppel in patent infringement cases. Specifically, the court considered whether a finding of invalidity of claims by the PTAB at an inter partes review could be used to estop a patent holder from asserting patent infringement of different claims of the same patent in district court litigation.
Features
The Supreme Court’s unanimous 2023 decision in Amgen v. Sanofi reshaped enablement analysis for broad genus patent claims. In the wake of Amgen, broad functional claims have been scrutinized rigorously for sufficient disclosure. This article summarizes key post-Amgen decisions, which illustrate how patent drafters and litigators must navigate the fine line between claim breadth and disclosure depth in the post-Amgen era.
Features
Last month, a flood of whimsical, dreamlike portraits in the style of Studio Ghibli (the Japanese animation studio) swept across social media. What began as a playful social trend quickly raised legal concerns. Within days, users began reporting that OpenAI had restricted prompts referencing specific artistic styles. This trend offers a live case study of how generative AI may implicate core doctrines of copyright law, including derivative works, substantial similarity, and fair use.
Columns & Departments
Federal Circuit Examines Written Description Requirements for U.S. Patent Application Publications Used as Prior Art Under Pre-AIAFederal Circuit Denies Preliminary Injunction In a Biologics Price Competition and Innovation Act Case
Features
The D.C. Circuit affirmed that AI cannot be the sole author on a copyright-registered work, but left questions about the future of AI authorship in copyright for Congress to resolve.
Features
Many patent applicants currently face difficulty in obtaining antibody claims because of written description and enablement rejections under 35 U.S.C. §112(a). The USPTO routinely rejects claims as too broad, arguing that such claims cover more antibodies than the specification discloses, or that undue experimentation would be needed to determine whether an antibody reads on the claims. These heightened disclosure requirements increase laboratory costs to generate sufficient data for a §112(a)-proof specification.
Features
For the last several years, I’ve become obsessed with a particular legal, technological, and philosophical question: Can a robot invent on its own?
Features
In the latest action part of a recent whirlwind of PTAB policy and procedural change around the use of so-called “discretionary denial” to refuse to a challenge to the validity of a granted patent, the Acting Director of the USPTO has issued a memorandum creating a new “bifurcated” pretrial procedure to be used for deciding whether or not to proceed with a trial in response to a petition for inter partes review or post grant review of a granted patent.
Features
As artificial intelligence continues to drive innovation at an unprecedented pace, it has also become a battleground for litigation, particularly concerning intellectual property misappropriation, data scraping and model transparency.
Features
A Q&A with conference speaker Ryan Phelan, a partner at Marshall, Gerstein & Borun and founder and moderator of legal blog PatentNext, to discuss how courts and jurisdictions are handling novel technologies, the copyrightability of AI-assisted art, and more.