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.
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.
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.
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.
United States v. Arthrex, Inc.
Proving that even the driest of constitutional issues can have significant practical effect, the U.S. Supreme Court recently heard argument in United States v. Arthrex. Before the Court was whether administrative judges of the PTAB have been appointed unconstitutionally.
As intellectual property continues to influence business operations, more companies are considering defensive patent pools as a strategic measure to guard against threats that can stifle innovation and growth for both businesses and industries.
The audit clause itself is not something to be feared. It is a necessary means for the licensor to protect its interests and to guard against unscrupulous licensees. But it is a mistake to think that the clause is there solely to prevent malfeasance.
Brandon Leahy Susanna Lichter and Eva Yin
The legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.
Joshua R. Stein and Jeff Ginsberg
Federal Circuit: Post-Employment Assignment Clause Void Under California Law
Federal Circuit No New Trial for Improper “Pennies on the Dollar” Rhetoric
A patentee should consider patent marking issues when negotiating a patent license, as well as during the term of the license. Otherwise, the patentee may find that its damages for patent infringement are limited due to its licensee’s failure to mark.