The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While the Report is comprehensive, it does not recommend any new action to address IP issues with NFTs.Continue Reading The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

Generative artificial intelligence (AI) may change how we invent: many envision a collaborative approach between human inventors and AI systems that develop novel solutions to problems together. Such AI-assisted inventions present a new set of legal issues under patent law.Continue Reading AI-Assisted Inventions: Are They Patentable? Who is the Inventor?

The Biden administration recently determined that it has the right to seize patents covering certain high-priced medicines, in an apparent effort to take a more aggressive approach to lowering drug prices. See Targeting costly meds, Biden admin asserts authority to seize certain drug patents – POLITICO. Pursuant to this plan, the Commerce Department announced it plans to issue a framework that lists the factors the government should consider in determining whether to seize drug patents. Id. The department will seek public feedback and comment on the framework. Id.Continue Reading Pharmaceutical Companies Have Rights if the Federal Government Seized their Patents

In Baxalta Incorporated v. Genentech, Inc. 2022-1461 (Fed. Cir. September 20, 2023), this case addresses the enablement requirement in view of the Supreme Court’s recent decision in Amgen Inc. v. Sanofi, 598 U.S. 594 (2023).Continue Reading Enabling the “Full Scope” of Claims in View of the Supreme Court’s Decision in Amgen

In Volvo Penta of the Americas, LLC, v. Brunswick Corporation No. 2022-1765, pending cite (Fed. Cir. August 24, 2023), Brunswick petitioned for an inter partes review of Volvo’s U.S. Patent No. 9,630,692 patent (“the ’692 patent”) challenging all claims as obvious. Brunswick filed its challenge on the same day as the launch of its competing product – the Bravo Four S. The ’692 patent relates to a stern-mounted motor design with forward, bow-facing propellers. It was undisputed that both Volvo and Brunswick have competing products that embody the ’692 patent.Continue Reading Speed Kills or can at Least Provide a Motivation to Combine

Since being appointed to the bench in 2018, Judge Alan Albright in Waco Texas has had one of the busiest patent dockets in the nation, rivaling that of Delaware and the Eastern District of Texas. He quickly gained a reputation as providing a quick trial schedule and moving a case forward. Judge Albright has stated that he aims to get to trial within 24 months of a complaint being filed.Continue Reading How Quickly are Judge Albright Patent Cases Going to Trial?

On June 22, 2023, Senators Chris Coons (D-DE) and Thom Tillis (R-NC) introduced the Patent Eligibility Restoration Act of 2023, which seeks to clarify the jurisprudence surrounding 35 U.S.C. § 101. The current patent eligibility requirements under Section 101 have been evolving by judicially-created exceptions stemming from the Supreme Court’s rulings in Alice and Mayo, and numerous Federal Circuit decisions that have interpreted the Alice and Mayo framework. Those opinions have, on occasion, appeared to provide inconsistent guidance that has led to continued confusion regarding section 101’s application.Continue Reading Senators Propose New Legislation to Clarify Patent Eligibility Under 35 U.S.C. § 101