On June 30th, the Federal Circuit granted a petition for re-hearing en banc in LKQ Corp. v. GM Global Tech. Operations LLC.[1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s
Marshall, Gerstein & Borun LLP
Latest from Marshall, Gerstein & Borun LLP - Page 2
Petitioners’ Replies May Respond to Newly Raised Claim Constructions
Can a petitioner’s reply in an IPR proceeding present new arguments and evidence responding to a proposed claim construction first raised in the patent owner’s response? In Axonics, Inc. v. Medtronic, Inc., Nos. 2022-1532, 2022-1533 (Fed. Cir. Aug. 7,…
PTAB Updates and Expands the Director Review Process and Offers Transparency in Ex Parte Appeals
After the Supreme Court’s decision in United States v. Arthrex, Inc., the Patent Office implemented an interim process for the Director to review Patent Trial and Appeal Board decisions in AIA trials. The Office sought public feedback on the…
Patent Interferences May Not Involve Pure AIA Patent
The Patent Office is not supposed to issue separate patents for the same invention to competing inventors. Several statutory provisions empower the Office to reject pre-AIA patent application claims of the later inventor. But sometimes it’s not clear who is…
Artificial Intelligence, Reel Talent: AI’s Growing Role in Multimedia
In an era where the boundary between man and machine continues to blur, entertainment media fans are finding themselves at the frontier of a fascinating phenomenon – the production of new media featuring their favorite artists, courtesy of artificial intelligence…
Petitioner’s Analogous Art Argument was not so Obvious when Reversing the PTAB
In Sanofi-Aventis Deutschland GMBH v. Mylan Pharms, Inc., No. 21-1981 (Fed. Cir. May 9, 2023), the Federal Circuit reversed the PTAB’s finding that Sanofi’s patent claims were obvious, determining the PTAB used the wrong test for deciding whether an existing…
Announcing AIPLA article on Augmented Reality(AR) / Virtual Reality(VR): IP Aspects of Augmented Reality and Virtual Reality Technologies
I am excited to announce the publication of the American Intellectual Property Law Association (AIPLA)’s article on “IP Aspects of Augmented Reality and Virtual Reality Technologies.” …
Do you have to list an Artificial Intelligence (AI) system as an inventor or joint inventor on a Patent Application?
Generative artificial intelligence (AI) systems, such as ChatGPT, can output new content based on user input. If such new content forms part of a new “invention” (i.e., part of a patent claim), does the AI system need to be listed…
Bittersweet Symphony: The AI-Generated Song that Stirred Up Copyright Chaos
Summary: Artificial Intelligence (AI)-generated music has the potential to reshape the music landscape, offering exciting opportunities for creativity while also presenting challenges in terms of copyright, monetization, and ethical considerations. Both artists and listeners will need to navigate this evolving…
The Future of AI Inventorship Following Denial of Stephen Thaler’s Petition
In his petition for certiorari, Stephen Thaler had asked the U.S. Supreme Court to reverse the Federal Circuit decision in which the court ruled that artificial intelligence (AI) could not be listed as the sole inventor. However, the Supreme Court…