Newsletters

03.14.23

Final Rule: Patent Office Clarifies Date of Receipt for Electronic Submissions

The United States Patent Office issued a final rule on the receipt date of patent correspondence officially submitted electronically using the Patent Office electronic filing system.


02.28.23

First NCAA NIL-Related Enforcement Resolution Signals What’s to Come

The NCAA issued a strong signal Friday on how NIL and recruitment-related violations will be investigated and sanctioned in the “NIL era.”


02.28.23

A New Dawn for Copyright? USCO Recognizes Some Protections for AI-Generated Work But Rejects Others

What’s the difference between artificial intelligence (AI) and a monkey (or, more accurately, a crested macaque named Naruto)?


02.21.23

Error in Prior Art Did Not Render Invention Obvious

In LG Electronics Inc. v. Immervision, Inc.,the Federal Circuit held that an obvious error in a prior art reference was not considered a teaching.


01.10.23

Reissue Error Does Not Include Amending Claims to Overcome Patent Eligibility Rejection

In In re McDonald, the Federal Circuit held that the recapture rule prevented reissue claims from including features deliberately relinquished in response to a patent eligibility rejection.


12.06.22

Patent Owner Warning: Statements/Amendments During Examination Will Be Scrutinized During Litigation

In Genuine Enabling Technology LLC v. Nintendo Co., Ltd.,the Federal Circuit held that statements made during prosecution—to distinguish the prior art on the ground that it taught slow-varying signals whereas the invention utilized audio or higher-frequency signals—only clearly ...


11.15.22

Inventor’s Own Provisional Application Invalidated Invention When Priority Denied

In Konda v. Flex Logix Technologies, Inc., the Federal Circuit held that a provisional application incorporated by reference in a Patent Cooperation Treaty application was prior art against the later filed claims of the U.S. patent application when the provisional application failed to provide ...


10.18.22

Updated Guidance on Discretionary Denial of Inter Partes Review Proceedings

The U.S. Patent and Trademark Office issued updated interim guidance on when the Patent Trial and Appeal Board may deny review of patents based on parallel litigation.


09.29.22

Inter Partes Review: Updated Guidance on Use of Applicant Admitted Prior Art

The U.S. Patent and Trademark Office issued updated guidance on acceptable uses of applicant admitted prior art in inter partes review proceedings under 35 U.S.C. § 311.


08.16.22

‘Processor’ and ‘Storage’ Interpreted Broadly and Not Means-Plus-Function Element

In VDPP LLC v. Vizio, Inc., the Federal Circuit held that the claim terms “processor” and “storage” were not considered to be drafted in means-plus-function format and, therefore, were not subject to interpretation under 35 U.S.C. § 112(f).