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SCOTUS: “The More a Party Claims for Itself the More it Must Enable”

Intellectual Property Law Blog

After a nine-year saga, beginning when Amgen sued Sanofi for allegedly infringing two of its patents in 2014, the Supreme Court held that Amgen’s asserted patents failed to satisfy the enablement requirement under 35 U.S.C. § 112(a), and are thus invalid. In re Wands , 858 F.2d 2d at 737, 8 USPQ2d at 1404 (Fed.

Invention 246
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Docketing Nightmare: CPA Global wins Despite their Docketing Error; Law Firm still on the hook for Missed Deadline

Patently-O

By Dennis Crouch In a recent unpublished decision, the Georgia Court of Appeals affirmed summary judgment in favor of CPA Global Support Services, LLC (“CPA”) (now part of Clarivate) against a claim of negligent misrepresentation brought by inventor James C. and his patent holding company (Spectrum Spine). Robinson, M.D.

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Discerning Signal from Noise: Navigating the Flood of AI-Generated Prior Art

Patently-O

Services like All Prior Art are using AI to churn out and ‘publish’ many millions of generated texts, hoping some will preempt future patent applications. See my 2014 post. That claim requires too much follow-on research work and so does not sufficiently disclose the invention.

Art 109
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US Supreme Court to Deal with the Patent Enablement Standard

IPilogue

For the first time in decades, the US Supreme Court will engage with enablement in patent applications. The requirement of enablement in US patent law is codified in 35 USC s. 112 , which requires that the specification of a patent application “enable any person skilled in the art…to make and use” the invention in question.

Patent 101
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Federal Circuit Continues to Apply Strict Obviousness-Type Double Patenting Analysis

Patently-O

The PTO responsive brief is due December 14, 2023. = = = The Federal Circuit recently affirmed a PTAB rejecting claims in a patent application filed by Institut Pasteur on the ground of obviousness-type double patenting. The policy goal is to prevent unjustified timewise extension of exclusive patent rights.

Patent 51
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Tesla’s Lasers on Vehicle Patent

TraskBritt Intellectual Property

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” The Tesla laser patent application also considers using the technology to clean debris from photovoltaic solar panels. Steps to Obtain a Patent. Solvay S.A.

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Empowering Innovation: Women in Patent Filing

Intepat

While historically, the field of patent filing has been dominated by men, an inspiring shift is taking place. Women inventors are making significant strides, leaving an indelible mark on the world of innovation and intellectual property. She had invented a Process for weaving straw with silk or thread.