Marshall Gerstein & Borun LLP

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“The Emerging Blockchain Patent Landscape”

March 10 2017 Prior to filing a patent application, it can be very useful to conduct a search of existing filed patents and patent applications that may be related…

Artificial Intelligence & the Intellectual Property Landscape

September 14 2019 Artificial Intelligence (AI) technology is exploding, and if you think your industry is just starting to see this technology take hold, be sure to…

Teaching Away for Dummies

April 13 2017 In Meiresonne v. Google, Inc., No. 2016-1755 (Fed. Cir. Mar. 7, 2017), the Federal Circuit affirmed the PTAB’s Final Written Decision in…

“New EPO Requirements Regarding Patent Assignments”

December 2 2016 As of November 1, 2016, new European Patent Office (EPO) guidelines require that the signatures of not only the assignor(s), but also the assignee(s)…

Rejection of Claims Containing Functional Language and a Negative Limitation Affirmed by Federal Circuit

September 8 2017 The Federal Circuit’s recent decision in In re Chudik, Appeal 2016-2673 (Fed. Cir. August 25, 2017) (non-prec.), offers patent practitioners a…

Artificial Intelligence & the Intellectual Property Landscape

September 14 2019 Artificial Intelligence (AI) technology is exploding, and if you think your industry is just starting to see this technology take hold, be sure to…

Federal Circuit Affirms Obviousness Decision by Board, Finds No APA Violation Based on New Characterization of Passage Providing Motivation to Combine

September 9 2019 In Smith & Nephew, Inc. v. Arthrocare Corp., Appeal No. IPR2016-00918 (Fed. Cir. Aug. 21, 2019), the Federal Circuit affirmed the Patent Trial and…

Federal Circuit Addresses Constitutional Issue Supreme Court Left Open

August 12 2019 In consolidated appeals of a trio of Board decisions canceling pre-AIA patents in inter partes reviews (IPR), the Federal Circuit held “that the…

A Reference is Publicly Accessible if a Person of Ordinary Skill in the Art Could Access the Reference

August 5 2019 In a recent decision vacating the PTAB’s finding that a draft standard for video coding emailed to a listserv was not publicly accessible, the…

Corroboration Required to Prove Earlier Invention Date

July 29 2019 As we have discussed (here and here), owners of pre-AIA patents may be able to “swear behind” alleged prior art references by providing evidence of…