IP Watchdog

AUGUST 5, 2022

Vidal that an artificial intelligence (AI) machine does not qualify as an inventor under the Patent Act. Court of Appeals for the Federal Circuit (CAFC) ruled today in Thaler v. The decision is the latest in a series of rulings around the world considering the topic, most of which have found similarly.

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Inventor Patent Patent Prosecution Technology 134

IP Watchdog

JULY 12, 2022

Neapco just a few days earlier, inventor David Tropp on July 5 again asked the Court to unravel U.S. patent eligibility law. 101, as interpreted in Alice Corporation Pty v. 101, as interpreted in Alice Corporation Pty v. CLS Bank International, 573 U.S. 208 (2014).”.

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IP Watchdog

DECEMBER 20, 2023

Unsurprisingly, the UK Supreme Court today ruled that Stephen Thaler’s AI Machine, DABUS, cannot be granted patents for inventions it autonomously created.

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JD Supra Law

FEBRUARY 20, 2024

Artificial intelligence (AI) cannot be the inventor or co-inventor on a patent but can be used as a tool. Patent and Trademark Office’s (USPTO) recently released Inventorship Guidance for AI-Assisted Inventions. That is the gist of the U.S. By: McGuireWoods LLP

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IP Watchdog

SEPTEMBER 7, 2021

District Court for the Eastern District of Virginia issued a decision granting a Motion for Summary Judgment for the United States Patent and Trademark Office (USPTO) and upholding the Office’s view that AI algorithms cannot be listed as inventors on U.S.

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IP Watchdog

FEBRUARY 2, 2023

The inventor of a novel jump rope system (the Revolution Rope), Molly Metz, argued in a reply brief to the U.S. Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S.

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The IPKat

DECEMBER 13, 2021

One question that has recently been in the headlines around the world, thanks to the Artificial Inventor Project, is whether or not an AI system can be regarded as an inventor. Setting aside issues of statutory interpretation, Abbott’s proposal (and hence the Thaler litigation) rests on two prongs, both deeply flawed.

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LexBlog IP

JANUARY 8, 2024

On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. 10,526,617 (the ’617 Patent; licensed to REGENXBIO) is invalid as being directed to ineligible subject matter. A separate, related patent lawsuit filed by REGENXBIO and Penn against Sarepta and Catalent, Inc.

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IP Intelligence

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. While the Patent Act does not define “individual,” the Circuit relied on a previous U.S.

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IP Law 360

APRIL 12, 2024

Groups representing inventors, startups and medical technology companies are putting pressure on U.S. senators to pass bills that would prospectively limit the ability of courts to throw out patent lawsuits, a month after tech industry groups argued the legislation would trigger an onslaught of patent litigation.

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LexBlog IP

AUGUST 9, 2022

Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark Office (USPTO) and Eastern District of Virginia rulings. While the Patent Act does not define “individual,” the Circuit relied on a previous U.S.

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Inventor Invention Patent Patent Application 52

LexBlog IP

NOVEMBER 9, 2023

Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). 9,980,498 (the “’498 Patent”). The ‘498 Patent is directed to a two-step process for cooking bacon pieces.

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IP Law 360

JANUARY 11, 2022

Mylan, relying on inventor testimony to invalidate patent claims for lack of written description, illustrates one of several ways in which such testimony can be used to persuade fact-finders in close cases and uncover game-changing evidence, says Jeremy Edwards at Maddox Edwards. The recent Federal Circuit decision in Biogen v.

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IPilogue

DECEMBER 20, 2022

In Rovi Guides Inc v Videotron Ltd , the Federal Court of Canada invalided patents for interactive program guide (“IPG”) technology and clarified a reasonable royalty as the appropriate remedy had the patents been found valid and infringed. Rovi claimed that Videotron infringed four patents, which Videotron counterclaimed were invalid.

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Litigation Invention Inventor Licensing 119

IP Watchdog

APRIL 8, 2024

Patent and Trademark Office (USPTO) Director Kathi Vidal vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB) on Friday that had denied institution of an inter partes review (IPR) requested by auto parts manufacturer, Mahle Behr Charleston, Inc.

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Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

In Thaler , the Court confronted, analyzed and answered the question of “can an artificial intelligence machine be an ‘inventor’ under the Patent Act?” After analyzing the plain statutory language of the Patent Act and the Federal Circuit authority, the Court held that the “clear answer is no.” at *17-18.

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Inventor Patent Intellectual Property Patent Law 91

IP Watchdog

SEPTEMBER 26, 2023

On September 25, independent inventor Carolyn Hafeman filed a reply brief arguing that efforts by consumer tech giant LG Electronics to prejudice Hafeman’s legal claims in front of a Western Texas jury require the court to grant a new patent infringement trial in the case.

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Inventor Patent Infringement Patent Litigation 64

JD Supra Law

NOVEMBER 2, 2023

In this episode, IMS Senior Client Success Advisor Adam Bloomberg is joined by Professor Ian Cullimore, expert witness and patent inventor, and IMS Trial Consulting Lead Dan Martin to explain how to simplify sophisticated intellectual property into compelling presentations that judges, juries, and tribunals can comprehend.

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IP Law 360

MARCH 25, 2024

A patent litigation outfit that has been filing suits for more than a decade over "blade server" technology has landed nearly $18 million from a jury in Waco, Texas, against a Taiwanese computer manufacturer that tried to refute the technology's importance by relying on testimony from the inventor of the USB drive.

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IP Watchdog

MAY 2, 2022

patent system is currently in a state of growing crisis. federal government to address patent quality, abusive litigation and forum shopping. The post offers several suggestions, each sanctioned by Google, as to steps that can be taken in all three branches of the U.S. Indeed, any informed observer of the U.S.

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IP Close Up

MAY 16, 2023

Inventors who are adept at identifying new and potentially disruptive products are increasingly sought after by leading technology players who may wish to dissuade or Continue reading

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IP Watchdog

JANUARY 21, 2024

As reported on IPWatchdog, the UK Supreme court recently ruled that a trained neural network (an Artificial Intelligence known as DABUS) could not be listed as the inventor on two patent applications filed by Dr. Stephen Thaler at the UK Intellectual Property Office (UKIPO).

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IP Watchdog

JANUARY 27, 2022

On January 21, inventor Martin David Hoyle and his company B.E. Patent and Trademark Office (USPTO), a pair of officials at the Patent Trial and Appeal Board (PTAB) and three administrative patent judges (APJs) who sat on PTAB panels invalidating Hoyle’s patent claims. Lee, former Director of the U.S.

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Inventor Technology Patent Trademark 105

Patently-O

MAY 10, 2022

Ryan Abbott is set to argue on behalf of the patent owner (and AI creator) Stephen Thaler. ” But, Thaler refused to name himself as inventor. But, the PTO refused to issue the patent without a human listed inventor. ” Abbott and Barghaan litigated the case below as well. ” 35 U.S.C.

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IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. The neutering of software, e-commerce and algorithm patents are at least partly responsible but, amazingly, software-related patents represent almost two-thirds of U.S.

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IP Tech Blog

JANUARY 3, 2024

The grounds for the court’s decision was the definition of “inventor” under the Patents Act 1977 (the Act ) which requires the inventor of a patent to be a natural person. So for the moment, the position under the UK patent system is that AI is very much a tool rather than an autonomous agent in its own right.

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Patent Application Inventor Patent Invention 62

JD Supra Law

AUGUST 9, 2022

Following certain adverse patent eligibility rulings in the District of Delaware, plaintiff voluntarily dismissed its Delaware litigation and rebooted the same litigation by filing new. Affirming district court decisions regarding award of attorneys’ fees pursuant to inherent equitable powers. By: WilmerHale

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The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. A new prohibition on double patenting?

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Litigation Law Patent Invention 82

LexBlog IP

AUGUST 9, 2022

The Court’s denial of opportunities to clarify this issue has caused American inventors to unreasonably weigh the risk of disclosing their inventions against the uncertainty of acquiring a patent. In that case, the Federal Circuit affirmed that American Axle’s patent claim was patent ineligible as it violated 35 U.S.C. §

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Inventor Invention Patent Prosecution Law 52

JD Supra Law

APRIL 13, 2022

In two related inter partes review proceedings, the Patent Trial and Appeal Board granted a petitioner’s motion to exclude the declaration of an inventor because the patent owner failed to make him available for cross-examination in the IPR.

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Inventor Litigation Patent 52

IP Watchdog

NOVEMBER 30, 2022

What began as a patent infringement case has swerved into judicial ethics waters, due to the ruling of the Federal Circuit Court of Appeals. Patent and Trademark Office (USPTO).

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Patent Infringement Patent Inventor Litigation 81

IP Close Up

JANUARY 6, 2022

In the latest episode of ‘Understanding IP Matters’, which dropped today on leading podcast platforms, award-winning inventor Dan Brown says that the patent winds have shifted and are blowing Continue reading.

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Inventor IP Patent Licensing 62

IP Close Up

MARCH 21, 2023

When it comes to declining respect for intellectual property rights inventors and content creators, such as photographers, musicians and writers, as well as some trademark Continue reading

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Inventor Intellectual Property IP Trademark 76

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

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IP Watchdog

OCTOBER 18, 2022

Systemic-level studies and data regarding impact on investment and innovation, as detailed in Part II of this series, are not the only way to demonstrate the substantial harm that the current state of patent eligibility has inflicted on the U.S. innovation ecosystem.

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IP Tech Blog

MARCH 5, 2024

The Guidance clarifies that AI-assisted inventions can receive patent protection if a human being plays a significant role in the invention’s conception. The Guidance acknowledges the importance of human inventors in AI-assisted inventions, so that the patent system can continue to incentivize and reward human ingenuity.

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IPilogue

MAY 31, 2022

Google’s contribution to the US patent system. Healthy patent systems can sometimes be described as a way to incentivize creative inventions, encourage building on existing ideas, and avoid frivolous litigation. Concern with the US patent system. Google also helped discover the License on Transfer Network. Source: RPX.

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