The Bayh-Dole Act, 35 U.S.C. §§ 200-212[1], creates a program that, ostensibly, encourages the practical use of inventions that are supported by federally funded research. As stated in Bayh-Dole, Congress seeks “to use the patent system to promote
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Website and Press Releases Created Plausible Claim of Inducement of Infringement by a Skinny Labelled Generic Product
In Amarin Pharma, Inc. v. Hikma Pharmaceuticals USA, Inc., [2023-1169] (June 25, 2024), the Federal Circuit reversed the dismissal of Amarin’s complaint for failure to state a claim for induced infringement.
Less than a month after Hikma launched its
Plaintiff Failed to Show It was Entitled to a Preliminary Injunction to Protect its Trade Secrets
In Insulet Corp. v. Eoflow, Co, Ltd., [2024-1137] (June 17, 2024), the Federal Circuit reversed a preliminary injunction against manufacturing, marketing, or selling any product that was designed, developed, or manufactured, in whole or in part, using or relying on
Supreme Court Affirms 100+ Year Period for Copyright Damages
In Warner Chappel Music, Inc., v. Sherman Nealy, [22–1078] (May 9, 2024), the Supreme Court finally clarified copyright’s 3-year statute of limitations (17 U. S. C. §507(b)), holding that a copyright plaintiff who timely brings a copyright infringement claim, can recover
What Foreign [And U.S.] Patent Practitioners Need To Know About Means-Plus-Function Claim Interpretation In the U.S. – Understanding 35 U.S.C. § 112(f)
Introduction
We’ve all seen it. Patent attorneys love making up words. For example, instead of claiming a pipe, a hose, or a tube, we draft patent claims reciting “a fluid delivery system” or “a fluid conduit.”
Why do we do
Routine Optimization Does Not Necessarily Require a Disclosure of Ranges Under the Results-effective Variable Doctrine – Pfizer v. Sanofi, No. 19-1871 (Fed Cir 2024)
The results-effective variable doctrine is a caselaw principle where prior art disclosing the “general conditions of a claim” invokes a presumption of obviousness if the particular workable ranges are identifiable through routine experimentation. The presumption can be rebutted with evidence
USPTO Releases Inventorship Guidance for AI-assisted Inventions
The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir.
USPTO Guidelines on Enablement Requirement published 10 January 2024
In view of the recent Supreme Court decision in Amgen Inc. et al. v. Sanofi et al., 143 S. Ct. 1243 (2023)(hereinafter Amgen), the USPTO has published guidelines for determining enablement requirement (35 U.S.C. § 112(a)) compliance among all utility
“Five Ways to Make Your Global Patent Prosecution Strategies More Efficient,” Today’s General Counsel
In an article published on December 7, 2023, Harness IP Principal Chris K. Miller provides guidance to legal departments that are responsible for maintaining a global patent portfolio.
Summarized in five tips for in-house counsel, Miller looks at ways to
Unlocking The Power Of Intellectual Property Of Mid-Size Companies
Podcast with Bryan K. Wheelock and Joseph E. Walsh
You can’t “trademark your copyright,” but you can protect your brands and innovations with intellectual property rights.
St. Louis based Principals Bryan Wheelock and Joe Walsh recently spoke with Doug Farren