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News, information and analysis from the Federal Circuit, district courts and the Patent Trial and Appeal Board.
By Allison Dunn | January 25, 2024
A judge granted a joint motion to stay the case—which was set for closing arguments Wednesday—for 30 days for the parties to execute a formal settlement agreement.
3 minute read
By Alex Anteau | January 24, 2024
If user inputs are used to train models such as ChatGPT, can lawyers input their clients confidential information when generating motions, briefs or patent applications? How does scraped data used to train AI co-exist with the right to be forgotten? And when it comes to filing patents and copyrights for works produced by AI, who owns it?
4 minute read
By Rob Maier | January 23, 2024
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls"—the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits—against filing cases in Delaware going forward.
8 minute read
By Ross Todd | January 19, 2024
Since 2020, Desmarais LLP partner Kerri-Ann Limbeek has represented prenatal testing client Ravgen in eight patent cases in district court and at the Patent Trial and Appeal Board. This week, in her first time as lead counsel at trial, she won a $57 million infringement verdict for the company.
7 minute read
By Adolfo Pesquera | January 17, 2024
"The fact that the jury awarded only a small fraction of Ravgen's damages claim—less than 15%—and rejected their willfulness claim is an indication that the jury correctly viewed Ravgen's case as a huge overreach," lead defense attorney Michael Summersgill said.
3 minute read
By Mark Liang. Paige Hardy and Grace McFee | January 16, 2024
Part One of a Two-Part Article Under the current Alice framework, those attempting to patent AI innovations face an uphill battle. But, as the caselaw demonstrates, inventors and patent drafters can take steps to reduce the risk of AI patent claims being invalidated as abstract ideas.
18 minute read
By Allison Dunn | January 8, 2024
"First, defendant Google LLC has access to a vast quantity of its users' personal data. It is almost certain that many, if not all, members of the venire are current users of Google's products and services. Although Google's counsel has stated unequivocally that it will not use its users' data for litigation advantage, nonetheless the potential for unwarranted (and asymmetrical) invasion of jurors' privacy is sufficiently substantial that an order prohibiting such conduct is warranted," Saylor wrote.
4 minute read
By Ching-Lee Fukuda, Aimee Fagan and Irene Yang | January 4, 2024
Ching-Lee Fukuda, Aimee Fagan and Irene Yang, the co-leaders of the IP litigation practice at Sidley Austin, write that the current landscape for patent litigation likely makes trade secret enforcement an attractive avenue for companies looking to protect their intellectual property.
9 minute read
By ALM Staff | January 2, 2024
"It's OK to not have all the answers. It's OK to have insecurities. Rather than let those things become stumbling blocks, use them to boost yourself up and reach your ambitions."
9 minute read
By Jennifer Bush | December 22, 2023
Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director Reviews to correct procedural defects in the way that administrative patent judges are appointed to the PTAB.
11 minute read
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We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...
MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS