Thought Leadership

Discretionary Denial Requires Compelling Analysis Only After Fintiv Factors Support Denial

In Commscope Techs. LLC v. Dali Wireless, Inc.1 the Director of the U.S. Patent Office issued a precedential decision that discretionary denial requires the Patent Trial and Appeal Board (PTAB) to perform the compelling merits analysis that at least one claim is unpatentable only after first determining that Fintiv factors 1–5 support denial of institution.

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HIPAA Enforcer Updates Guidelines on Online Tracking Amid Calls for Clarity: Key Takeaways

On March 18, 2024, the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services (HHS) updated its December 2022 guidance for HIPAA-regulated entities regarding the use of online tracking technologies on websites and apps.

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There’s Nothing Weak About the SEC’s “Weakened” Climate Disclosure Mandate

The Securities and Exchange Commission (SEC) released its long-awaited climate disclosure mandate for publicly traded companies (Final Rule).

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The FDA and the Future of AI Oversight

In January 2024, the U.S. Government Accountability Office (GAO) issued a report highlighting current obstacles to the U.S. Food and Drug Administration’s (FDA) timely and effective regulation of artificial intelligence (AI) and machine learning (ML) in medical devices and other emerging health care technologies (GAO...

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AI Implemented Invention Tips Following USPTO Guidance

The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application since each inventor must be a human being.

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Double Trouble for Double Patenting or When Does My Patent Expire?

The Federal Circuit recently clarified the interplay between obvious-type double patenting (ODP) and patent term adjustments (PTA) granted pursuant to 35 U.S.C. § 154(b).

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Manatt Ventures VC Market Update – August 2023

The Manatt Ventures team constantly evaluates changes in the market, both for our clients and for the Manatt Venture Fund, our internal venture capital (VC) fund. Below are some of the more interesting data points and perspectives we have come across lately that have helped inform our perspectives.

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Advancing Women’s Reproductive Health Access: Medicaid Should Be a Part of Your Growth Strategy

Medicaid is a critical source of health care coverage for women in their childbearing years, covering 1 in 5, or 13 million, women of reproductive age.

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FTC and HHS Send Letter Warning of Risks From Online Tracking Technologies

On July 20, 2023, the OCR at the HHS and the FTC sent a joint letter to approximately 130 hospital systems and telehealth providers to alert them to the “serious privacy and security risks” stemming from the use of online tracking technologies integrated into their websites and mobile apps.

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Five Takeaways From the U.S. Senate Subcommittee on Intellectual Property’s AI and Copyright Hearing

On July 12, 2023, the U.S. Senate Committee on the Judiciary’s Subcommittee on Intellectual Property held its second hearing on artificial intelligence (AI) and intellectual property (IP).

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