• The Intellectual Property Strategist

    A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions

    Amir Kashani, Xuechen (Rebecca) Ding and Aseet Patel

    Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective

    Part Two of a Two-Part Article

    In Part One of this article we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM’s patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we analyze the claims made in the Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.

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  • The Intellectual Property Strategist

    IP News

    Jeffrey S. Ginsberg and Joyce L. Nadipuram

    Federal Circuit Clarifies Motivation to Combine to Achieve the Claimed Invention and Holds IPR Petitioner Must Be Given Opportunity to Reply Where Patent Owner First Proposes Claim Construction In a Response

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  • The Intellectual Property Strategist

    A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions

    Xuechen (Rebecca) Ding and Aseet Patel

    Takeaways from 'IBM v. Zillow' from A Patent Drafting Perspective

    Part One of a Two-Part Article

    This two-part article sheds light on several important aspects of patents on AI technology. In Part One, we provide a general overview of the IBM v. Zillow lawsuit and discuss strategies to diversify patent portfolios to maximize protection on AI-related technology.

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  • The Intellectual Property Strategist

    IP News

    Jeff Ginsberg and J. Jay Cho

    Federal Circuit Examines the Analogous Art Test
    Federal Circuit Affirms PTAB’s Finding of Prior Invention

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  • The Intellectual Property Strategist

    Generative AI and Patent Considerations

    James W. Soong

    A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments.

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  • The Intellectual Property Strategist

    IP News

    Jeff Ginsberg and Zhiqiang Liu

    Federal Circuit Affirms the Board’s Finding of Anticipation Because Prior Art Patent and References Incorporated Therein Inherently Meet the Disputed Claim Limitations
    Federal Circuit Affirms a Finding of Infringement Because the District Court Correctly Construed “a” and “said” and Rejects Anticipation Argument on Waiver Grounds
    Federal Circuit Vacates Judgment of Non-Infringement Because the Underlying Stipulation Failed to Provide Sufficient Detail for the Court to Resolve Certain Claim Construction Issues

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  • The Intellectual Property Strategist

    IP News

    Matthew Weiss

    Federal Circuit: Prosecution Laches Applies to Patent Claiming 1987 Priority Date
    Federal Circuit: Appellate Court Lacks Jurisdiction Over Interlocutory Appeal of Protective Order Dispute

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  • The Intellectual Property Strategist

    IP News

    Howard Shire and Stephanie Remy

    Patent Infringement and Trade Dress In the Ninth Circuit

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  • The Intellectual Property Strategist

    IP News

    Jeff Ginsberg and Ryan J. Sheehan

    Federal Circuit: Unpatentability Ruling In First IPR Estops Patentee In Second IPR of Related Patent
    Federal Circuit: A Disclaimer Made In a Pending IPR Is Not Binding In That Proceeding, But Is Binding In a Subsequent One

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  • The Intellectual Property Strategist

    IP News

    Jeff Ginsberg and George Soussou

    Federal Circuit: No Patent Term Adjustments When Claims Change
    Federal Circuit: Proceeding Need Not Be Terminated Upon Request

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