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Dedicated to Excellence in Intellectual Property Law Marshall, Gerstein & Borun provides sophisticated intellectual property advice and legal services…
Marshall Gerstein & Borun LLP | Global, USA | 14 Sep 2019
Artificial Intelligence & the Intellectual Property Landscape
Artificial Intelligence (AI) technology is exploding, and if you think your industry is just starting to see this technology take hold, be sure to…
Marshall Gerstein & Borun LLP | USA | 9 Sep 2019
Federal Circuit Affirms Obviousness Decision by Board, Finds No APA Violation Based on New Characterization of Passage Providing Motivation to Combine
In Smith & Nephew, Inc. v. Arthrocare Corp., Appeal No. IPR2016-00918 (Fed. Cir. Aug. 21, 2019), the Federal Circuit affirmed the Patent Trial and…
Marshall Gerstein & Borun LLP | USA | 12 Aug 2019
Federal Circuit Addresses Constitutional Issue Supreme Court Left Open
In consolidated appeals of a trio of Board decisions canceling pre-AIA patents in inter partes reviews (IPR), the Federal Circuit held “that the…
Marshall Gerstein & Borun LLP | USA | 5 Aug 2019
A Reference is Publicly Accessible if a Person of Ordinary Skill in the Art Could Access the Reference
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…
Marshall Gerstein & Borun LLP | USA | 29 Jul 2019
Corroboration Required to Prove Earlier Invention Date
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…
Marshall Gerstein & Borun LLP | USA | 22 Jul 2019
Federal Circuit Upholds Patent Ineligibility of Dice Game
The Federal Circuit recently issued a decision in In re Marco Guldenaar Holding B.V., ruling the claims at issue were directed to the abstract idea…
Marshall Gerstein & Borun LLP | USA | 16 Jul 2019
Is the Written Description Requirement a Nose of Wax?
In re Global IP Holdings LLC, Appeal 2018-1426 (Fed. Cir. July 5,2019), concerns patent law’s written description requirement, under 35 USC § 112…
Marshall Gerstein & Borun LLP | USA | 15 Jul 2019
Four Decisions to Know regarding the PTAB’s Treatment of the new 2019 Patent Eligibility Guidelines
PTABWatch Takeaway: The Patent Trial and Appeal Board (PTAB) designated as “informative” four decisions applying the Patent Office’s 2019 patent…
Marshall Gerstein & Borun LLP | USA | 8 Jul 2019
PTAB Precedential Decisions on Discretion to Institute Inter Partes Review
In May 2019, the PTAB designated precedential two IPR decisions related to its discretion to institute inter partes review. In Valve Corp. v…
