In Warner Chappel Music, Inc., v. Sherman Nealy, [22–1078] (May 9, 2024), the Supreme Court finally clarified copyright’s 3-year statute of limitations (17 U. S. C. §507(b)), holding that a copyright plaintiff who timely brings a copyright infringement claim, can recover
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What Foreign [And U.S.] Patent Practitioners Need To Know About Means-Plus-Function Claim Interpretation In the U.S. – Understanding 35 U.S.C. § 112(f)
Introduction
We’ve all seen it. Patent attorneys love making up words. For example, instead of claiming a pipe, a hose, or a tube, we draft patent claims reciting “a fluid delivery system” or “a fluid conduit.”
Why do we do
Routine Optimization Does Not Necessarily Require a Disclosure of Ranges Under the Results-effective Variable Doctrine – Pfizer v. Sanofi, No. 19-1871 (Fed Cir 2024)
The results-effective variable doctrine is a caselaw principle where prior art disclosing the “general conditions of a claim” invokes a presumption of obviousness if the particular workable ranges are identifiable through routine experimentation. The presumption can be rebutted with evidence
USPTO Releases Inventorship Guidance for AI-assisted Inventions
The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir.
USPTO Guidelines on Enablement Requirement published 10 January 2024
In view of the recent Supreme Court decision in Amgen Inc. et al. v. Sanofi et al., 143 S. Ct. 1243 (2023)(hereinafter Amgen), the USPTO has published guidelines for determining enablement requirement (35 U.S.C. § 112(a)) compliance among all utility
“Five Ways to Make Your Global Patent Prosecution Strategies More Efficient,” Today’s General Counsel
In an article published on December 7, 2023, Harness IP Principal Chris K. Miller provides guidance to legal departments that are responsible for maintaining a global patent portfolio.
Summarized in five tips for in-house counsel, Miller looks at ways to
Unlocking The Power Of Intellectual Property Of Mid-Size Companies
Podcast with Bryan K. Wheelock and Joseph E. Walsh
You can’t “trademark your copyright,” but you can protect your brands and innovations with intellectual property rights.
St. Louis based Principals Bryan Wheelock and Joe Walsh recently spoke with Doug Farren
Have a Seat Over There — Petitioner Has No Standing to Appeal PTAB Decision
In Allgenesis Biotherapeutics Inc., v. Cloudbreak Therapeutics, LLC, [2022-1706] (November 7, 2023), the Federal Circuit dismissed the appeal of the PTAB’s final written decision that claims 4 and 5 of U.S. Patent No. 10,149,820 had not been shown to be unpatentable,
Extrinsic Evidence Needed to Construe Numerical Limitation in the Claims
Actelion Pharmaceuticals Ltd, v. Mylan Pharmaceuticals Inc., [2022-1889] (November 6, 2023), the Federal Circuit vacated the district court’s claim construction order with respect to the term “a pH of 13 or higher” in U.S. Patent Nos. 8,318,802 and 8,598,227 and
Co-owned, but Unrelated Application Cited in IDS Does not Inform the Meaning of the Claims
In Malvern Panalytical Inc., v. TA Instruments-Waters LLC, [2022-1439] (November 1, 2023), because the district court erred in construing “pipette guiding mechanism,” the Federal Circuit vacated the stipulated judgment of non-infringement of U.S. Patent Nos. 8,827,549 (“the ’549 patent”) and