Marshall Gerstein & Borun LLP

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Artificial Intelligence & the Intellectual Property Landscape

Global, USA - 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

Patent Agent Privilege Recognized in Final Rulemaking Issued by USPTO

USA - November 14 2017 On November 7, 2017, the USPTO issued a Final Rule recognizing that communications between U.S. and foreign patent practitioners and their clients

Contour of Soup Can Saves Gravity Feed Display Design Patent

USA - July 9 2018 Next trip to the grocery store, stop in the canned soup aisle and take a closer look at how the canned soups are displayed on the shelves. You may

USPTO to Patent Owners - Don’t Forget About Reexams and Reissues

USA - July 1 2019 Recently updated statistics from the USPTO provide little comfort for patent owners seeking to amend claims during an IPR proceeding. The Motion to

How the PTAB Reviews Software Inventions Under the 2019 Revised Subject Matter Eligibility Guidance

USA - March 11 2019 The United States Patent and Trademark Office (USPTO)’s 2019 Revised Patent Subject Matter Eligibility Guidance provides a useful, and effective

Artificial Intelligence & the Intellectual Property Landscape

Global, USA - 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

USA - 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

USA - 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

USA - 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

USA - 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