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IP Intelligence: Insight on Intellectual Property Blog

Articles: 1-10 of 338

Federal Circuit Affirms Lack of Enablement of Functional Antibody Claims

USA - September 26 2023 In its recent decision in Baxalta Inc. v. Genentech, Inc., No. 2022-1461, 2023 WL 6135930 (Fed. Cir. Sept. 20, 2023), the Federal Circuit applied the…

Everyone Should Pay Attention to the USCO’s AI NOI

USA - September 20 2023 There will be no special rules for your industry. What gets decided in the next six months to a year about artificial intelligence (AI) legislation…

Are Your Granted Patents in Danger of a Post-Grant Double Patenting Challenge? Time To Update Your Playbook in the Wake of In re Cellect

USA - September 12 2023 Here’s a familiar scenario. An applicant files a first patent application with medium-to-narrow claim coverage. The first patent application issues…

Current Patent Litigation Trends

USA - August 22 2023 According to Docket Navigator, 2022 was the first year since 2019 that the annual number of new patent cases fell below 5,300. Before 2019, the…

Copyright and AI-Generated Content: Establishing Scope Requires More Than Registration

USA - August 15 2023 U.S. copyright law protects human-authored expression, not works generated purely by generative AI. When a human author uses generative AI tools to…

Method of Treatment Claims Are Not Invalid for Lacking Written Description or Enablement Simply Because the Treatment Is Not Safe or Efficacious in Some Patients

USA - July 26 2023 The Federal Circuit’s recent decision in United Therapeutics Corp. v. Liquidia Techs., Inc., No. 2022-2217, 2023 WL 4695903 (Fed. Cir. July 24, 2023)…

Extraterritorial Reach of the Lanham Act

USA - July 13 2023 The Supreme Court recently ruled in Abitron Austria GmbH v. Hetronic International, Inc. that Lanham Act (Act) remedies for trademark infringement do…

Congress Seeks to Eliminate the Judicial Exceptions to Patent Eligibility

USA - June 28 2023 On June 22, Senator Thom Tillis (R - NC) and Senator Chris Coons (D - DE) introduced the Patent Eligibility Restoration Act of 2023, which seeks to…

Watch Out for Common Law Users in Online Enforcement

USA - June 20 2023 Many consumer product brands seek to enroll in online enforcement programs, for example, Amazon Brand Registry and eBay VeRO. These consumer product…

What Goldsmith Means to AI Trainers

USA - June 7 2023 The House IP Subcommittee’s “Artificial Intelligence and Intellectual Property: Part I—Interoperability of AI and Copyright Law” hearing has two…