LexBlog IP

SEPTEMBER 5, 2023

The Federal Circuit recently upheld the Patent Office’s decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP). Unless overturned, this decision will significantly affect patent families that have patents with different expiration dates.

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LexBlog IP

APRIL 11, 2023

There has been pervasive use of Generative AI over the past few months, to create essays, works of art, music, and even source code for computer programs, as well as to take standardized examinations such as the LSAT, classroom exams, and even bar exams. A sample of this new eGrant patent is available here. ’’ 35 U.S.C. §

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LexBlog IP

JUNE 20, 2023

For example, the agency cannot require Article III standing for an AIA petition (rejected in legislative history), give deference to previous reexaminations/decisions of the courts (explicitly addressed in AIA estoppel statutes), or foreclose otherwise viable agency options by forced stipulations (explicitly addressed in various AIA statutes).

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Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

Information and statements” may include, among other items, information that “refutes, or is inconsistent with, a position that the applicant takes in” either “opposing an argument of unpatentability relied on by the Office” or “asserting an argument of patentability.”. the party has a duty to submit the information to the USPTO.”.

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Larson & Larson

JUNE 1, 2021

It can make you want to tear your hair out if your patent gets rejected, but that won’t help you achieve your dreams. Another step is asking for an interview with the patent examiner to get an explanation. . Some common reasons for rejection include obviousness, lack of novelty, and a lack of patentability.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

10 YEARS AFTER THE AMERICA INVENTS ACT (AIA), THE PATENT TRIAL AND APPEAL BOARD (PTAB) ENDURES. 1] Nevertheless, the PTAB remains the most active forum for patent disputes nationwide, handling significantly more matters in 2021 than both the Eastern and Western Districts of Texas and the District of Delaware. [2]. 1970 (2021).

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LexBlog IP

SEPTEMBER 9, 2022

On July 29th, 2022, the current director of the United States Patent and Trademark Office (USPTO), Katherine Vidal, published a notice in the federal register regarding the duty of disclosure before the patent office. For reexamination proceedings, “each individual” associated with the patent owner has a duty of disclosure.

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Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 7, 2021

In the August 2021 edition of our monthly Texas Patent Litigation Monthly Wrap-Up, we cover a case concerning the doctrine of prosecution laches. 2021), the Personalized Media court held that the asserted patent U.S. 8,191,091 (the “’091 Patent”) is unenforceable under the doctrine of prosecution laches. Patent Nos.

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LexBlog IP

JANUARY 5, 2022

We will start with patents and copyrights because they have constitutional grounding in Article 1, Section 8 : [The Congress shall have power t]o promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. 2d 480 (Fed.

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LexBlog IP

APRIL 24, 2023

Patent Owner disclosure on relationships for 314(a) consideration? The Patent Owner disclosure requirement to argue 314(a) will not be popular. That said, if you are trying to argue district court litigation is better for patent policy than the PTAB, you should put all of your cards on the table. Separate 314(a) briefing?

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