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IP Intelligence
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IP Intelligence
Now What? The Supreme Court Addresses Enablement
By Ron Kern
What do telegraphic communications, incandescent lamps, wood veneering glues, and antibodies have in common? Nothing. That is of course, until May 18, 2023, when the Supreme Court ruled that Amgen’s…
IP Intelligence
Federal Circuit Inventorship Decision Literally Saves the Appellant’s Bacon – and Reiterates the Framework for Assigning and Analyzing Inventorship
In HIP, Inc. v. Hormel Foods Corporation (May 5, 2023), Judges Lourie, Clevenger and Taranto of the U.S. Court of Appeals for the Federal Circuit addressed a claim of joint…
IP Intelligence
The Judicial Response to Eligibility Post-Hantz
On March 20, the United States Court of Appeals for the Federal Circuit issued a short non-precedential opinion that, among other things, found that a motion to dismiss based on…
IP Intelligence
World IP Day
We celebrate World IP Day this year on April 26, commemorating 53 years of the World Intellectual Property Organization (WIPO) Convention’s implementation. This year’s theme is “Women and IP: Accelerating…
IP Intelligence
The Other ‘Maybe’ Authors: Copyright Ownership for AI Trainers
Discussions held over the past several months regarding authorship of AI-generated works have suffered from at least two things—1) an outsized focus on whether the users of commercially available generative…
IP Intelligence
Incorporated References Can Be Used in an Anticipation Rejection
By Ron Kern
A claim is said to be anticipated when a single prior art reference discloses, either expressly or inherently, each and every limitation of the claim. But what happens when a…
IP Intelligence
No, the Federal Circuit Did Not Just Kill Off Software Copyrights – Knock It Off
Many people were disappointed when the most-watched copyright case of the past 10 years, Oracle’s lawsuit against Google over Google’s copying Java application programming interface (API) code, failed to yield…
IP Intelligence
PTAB Rulings Highlight the Importance of a Claimed Agent’s Stated Function
The PTAB recently handed down two consequential inter partes review decisions that emphasize the importance of the stated function for an agent specified in the claims. In particular, the PTAB…
IP Intelligence
The Scope of Eligibility
Following the Supreme Court’s Alice Corp. Pty. v. CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion…
IP Intelligence
Generative AI Tools Can Present IP Risks, But They’re Manageable
By Theresa Weisenberger, Rita Hechmer
The sudden increase in news coverage of generative artificial intelligence (AI) tools like ChatGPT and Midjourney has employees excited to discover how these accessible tools can make their jobs easier.…