The situation is familiar: an employee leaves one company to go work for another, or perhaps to found her own start-up. She may be working on the same problems that she faced at her former workplace, and in the same
The Patent Playbook
Key Insights on Trends and Legal Developments in Patent Law
The Patent Playbook, published by Proskauer Rose LLP, focuses on issues related to patent law and intellectual property strategy. It covers topics such as patent litigation, inter partes review (IPR) proceedings, patent validity and enforceability, inventorship especially in the context of AI-assisted inventions, venue considerations in patent disputes, and the alignment of patent claims with regulatory approvals. The blog also addresses emerging technologies including artificial intelligence and blockchain, and their impact on patent eligibility and innovation policies. It provides analysis of recent court decisions, government initiatives, and regulatory guidance affecting patent prosecution and enforcement strategies.
Latest from The Patent Playbook - Page 7
Prior Art Showing An Invention To Be “At Least Possible” Found Sufficient To Invalidate Surgical Device Patent
On August 23rd, the Federal Circuit upheld in part and reversed in part a decision from the Patent Trial and Appeal Board’s (PTAB or Board) concerning Ethicon’s patent on a robotic surgical tool, holding that the Board’s finding of no…
GSK v. Teva: Federal Circuit Issues New Opinion Analyzing Induced Infringement
On August 5, 2021, the Federal Circuit withdrew its October 2020 opinion in GSK v. Teva, summarized in this post on induced infringement of method-of-treatment claims, and issued an opinion that reiterated the prior holding but sought to clarify its…
Artificial Intelligence as the Inventor of Life Sciences Patents?
The question whether an artificial intelligence (“AI”) system can be named as an inventor in a patent application has obvious implications for the life science community, where AI’s presence is now well established and growing. For example, AI is currently…
Why Obviousness-type Double Patent Analysis Isn’t Obvious
Over the last seven years there has been commotion in Obviousness-type Double Patenting (“ODP”) practice. One of the latest cases to spur a considerable amount of interest is Mitsubishi Tanabe Corp. v. Sandoz, Inc., which is currently on appeal…
President Biden’s Executive Order on Competition Signals Potential Changes Affecting Patents in the Healthcare Sector
On July 9, 2021, President Biden issued “Executive Order on Promoting Competition in the American Economy” (the “Executive Order”). The Executive Order was billed by the White House as “historic” and comparable to Teddy Roosevelt’s trust-busting and Franklin Roosevelt’s “supercharged…
Federal Circuit Invalidates Device Patent As Directed to an Abstract Idea
Nearly seven years after the landmark Supreme Court decision in Alice Corp. v. CLS Bank Int’l, subject matter eligibility for patent claims under 35 U.S.C § 101 remains a moving target. In Alice, the Court found claims for a…
“Commercially Reasonable Efforts” Clauses in Drug Development Deals: What Level of Protection Do They Really Provide?
Pharmaceutical drug development is expensive. One recent study estimates that the median cost to develop a new drug is $985 million, while the average is $1.3 billion. And those figures appear to be on the low end of a…
A Guiding Light for the Research Safe Harbor and “Research Tools”?
Allele v. Pfizer – The Basics. On April 23, 2021, Pfizer, Inc., BioNTechSE, and BioNTech US, Inc. (“Pfizer and BioNTech”) filed a joint reply supporting of their previously filed motion to dismiss a patent infringement complaint filed by Allele Biotechnology…