Features
Artificial Intelligence and Subject Matter Eligibility In U.S. Patent Office Appeals
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.
Features
U.S. Supreme Court Narrows Assignor Estoppel Doctrine In Continuation Patent Case
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."
Features
Supreme Court Looking to Resolve Federal Circuit Split In Patent Act §101 Case
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.
Features
U.S. IP Reform Needed to Prepare for AI Era
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.
Columns & Departments
IP News
Federal Circuit, Citing Forum-Shopping, Transfers Patent Cases to California
Features
Second Circuit Examines Factors for 'Future Injury' from Personal Information Disclosure
The U.S. Court of Appeals for the Second Circuit recently took that issue up as an "issue of first impression," explaining what factors courts in the Second Circuit should consider when determining whether an individual has adequately plead a cognizable "future injury" as a result of the unauthorized disclosure of their personal information.
Features
U.S. Supreme Court Largely Upholds IPR Proceedings In 'Arthrex'
In a decision authored by Chief Justice Roberts, the Supreme Court ruled that the statutory scheme appointing PTAB administrative patent judges (APJs) to adjudicate IPRs violates the appointments clause of the U.S. Constitution.
Features
Third Circuit Hears Case On Interaction of Publicity Rights and the CDA
Likening his client's claim to that of an athlete with a monetizable image, an attorney representing TV reporter Karen Hepp, who is suing social media websites over misuse of her likeness, recently argued to the U.S. Court of Appeals for the Third Circuit that the case should fit a narrow exception to a federal law that bars suits against online content providers.
Features
DOJ Looking to Develop New SEP Policies
The Justice Department has confirmed it is looking to develop new policies surrounding how standard-essential patents might be used as tools for anticompetitive practices. The change in policy will mean big business for law firms that can combine highly technical IP advice with their antitrust and litigation practices.
Columns & Departments
IP News
Federal Circuit Rejects Theory of Infringement Based on Oversimplified Claim Interpretation and Finds That the ITC Correctly Required Proof of Substantial Non-infringing Use Based on Real-World Evidence Federal Circuit Reverses District Court's Decision Dismissing a Declaratory Judgment Action for Lack of Personal Jurisdiction Because the Patent Owner Directed Extensive Communications to the Judicial District
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