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Fresh From the Bench: Latest Precedential Patent Case

CASE OF THE WEEK Ironburg Inventions Ltd. v. Valve Corp., Appeal Nos. 2021-2296, 2021-2297, 2022-1070 (Fed. Cir. April 3, 2023) In this week’s Case of the Week, the Federal Circuit provided new...

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US Supreme Court Denies Certiorari in AI Inventorship Case

The Supreme Court is the highest court in the United States, and its decisions have a significant impact on the country's legal system. Every year, the Court receives thousands of petitions asking it...

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Patexia Insight 176: Chinese Trademark Filings Decline After a Decade

Tomorrow marks the release of our third annual Trademark Intelligence Report, which focuses on trademark filings made between January 1, 2018, and December 31, 2022. A total of 2,939,200 trademarks...

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AI & the FDA

Written by: Raina Patel The use of artificial intelligence (AI) in healthcare has been growing rapidly in recent years, and AI-enabled medical devices are playing a larger role in patient care. Such...

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Supreme Court Issues Stay in Mifepristone Case, Preserving Status Quo for Now

Written by: Alistair J. McIntyre & Jane Dai, Ph.D.  On April 21, 2023, the Supreme Court granted a stay in Alliance for Hippocratic Medicine v. FDA, a case concerning the Food and Drug...

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Exhibit Combustion: Disavowing Contradictory Statements Contained in...

Written by: Morgan Robertson & Douglas B. Wentzel HEALTHIER CHOICES MANAGEMENT CORP. V. PHILIP MORRIS USA, INC. Before Taranto, Stoll, and Cunningham. Appeal from the United States District Court...

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The Patent Ineligibility of Digital Imaging Processing Method Claims

Written by: Douglas B. Wentzel SANDERLING MANAGEMENT LTD. v. SNAP INC. Before Chen, Cunningham, and Stark.  Appeal from the United States District Court for the Central District of California....

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Textron Inc. Awarded $279 Million Verdict Against DJI Technology in Drone...

After a week-long trial in Waco, Texas, a US federal jury has ruled in favor of aerospace company Textron Inc. and awarded them a $279 million verdict against Chinese drone manufacturer DJI...

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Claimed Ranges Overlapping the Prior Art Can Lead To Short Patent Shelf-Life

Written by: Matthew S. Whitehead & Douglas B. Wentzel UCB, INC.  v. ACTAVIS LABORATORIES UT, INC. Before Moore, Chen, and Stoll.  Appeal from the U.S. District Court for the District of Delaware....

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Pannu Factors Help Hormel Bring Home the Bacon

Written by: Kemarie Jorgensen & Karen Cassidy Selvaggio HIP, INC v. HORMEL FOODS CORPORATION Before Lourie, Clevenger, and Taranto.  Appeal from the United States District Court for the District...

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Security Defense Systems Sues Athenahealth and ConnectiveRx

Written by: Mengmeng Du On April 26, 2023, Security Defense Systems, LLC sued Athenahealth, Inc. in the Western District of Texas.  The lawsuit alleges that Athenahealth’s Epocrates application and...

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Patexia Insight 177: Post-Pandemic Decline: Domestic Trademark Filings Return...

Last week, we published our third annual Trademark Intelligence Report, which analyzes the latest trends in the trademark landscape. The report covers trademark prosecution data from filings made...

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Trademark Registration Process: A Step-by-Step Guide

Securing a trademark is an essential step for businesses and individuals looking to protect their brand identity and distinguish their products or services from competitors. The United States Patent...

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Stipulated Dismissal Undercuts Bid for Attorneys’ Fees

Written by: Jeremy Anapol UNITED CANNABIS CORPORATION V. PURE HEMP COLLECTIVE INC. Before Lourie, Cunningham, and Stark.  Appeal from the United States District Court for the District of Colorado....

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Potential Claim Construction Error Is Harmless When Not Relied Upon by the Board

Written by: Ashley C. Morales & Hans L. Mayer BOT M8 LLC v. SONY INTERACTIVE ENTERTAINMENT LLC Before Prost, Reyna, and Cunningham. Appeal from the Patent Trial and Appeal Board. Summary: A party...

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Ensuring a Reference Is Analogous Art to a Challenged Patent, Not to Another...

SANOFI-AVENTIS DEUTSCHLAND GMBH V. MYLAN PHARMACEUTICALS INC. Before Reyna, Mayer, and Cunningham. Appeal from Patent Trial and Appeal Board. Summary: When arguing that a reference is analogous prior...

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Implications of the Proposed EU Pharmaceutical Law Reform Overhaul

Written by:Nima Zargari, Ph.D.  & Joseph Mallon, Ph.D. On April 26, 2023, the European Commission proposed a pharmaceutical law reform directed to replacing the existing pharmaceutical...

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Patexia Insight 178: Companies with Major Patent Growth or Decline in 2022

In March, our fifth annual Patent Prosecution Intelligence Report was released, providing comprehensive coverage of the patent prosecution landscape over a five-year span, from January 1, 2018, to...

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