Patent law has its own version of “close enough,” called the Doctrine of Equivalents (DOE). It says that even if a product or method doesn’t match the exact words of…
Every so often, Washington cooks up an idea so outside the bounds of good patent policy that you have to check the calendar to make sure it’s not April 1st.…
Nearly two decades ago, the Supreme Court’s decision in eBay v. MercExchange quietly reshaped the patent landscape — and not necessarily for the better. The ruling rejected the idea that winning a patent…
Dr. Stephen Thaler has lost another case to have his DABUS AI system recognized as a patent holder—this time before the Canadian Patent Appeal Board. Every loss cites essentially the…
In the world of patent law, “enablement” is a critical concept. But what many don’t realize is that how much enabling detail is required depends heavily on what you're trying…
In a decision that could ripple through the pharmaceutical industry, the Federal Circuit recently ruled on Jazz Pharmaceuticals, Inc. v. Avadel CNS Pharmaceuticals, LLC, clarifying the limits of injunctive relief…
This is a very weird case interpreting “consisting of”. The Federal Circuit recently affirmed a ruling of non-infringement in Azurity Pharmaceuticals v. Alkem Laboratories. Azurity had sued Alkem for allegedly…
Preliminary stuffMeans-plus-function claiming is a way of writing a patent that describes what something does, not how it does it. For example, describing a machine that opens a jar, rather…
For centuries, governments have tried to encourage innovation by offering inventors something valuable in return: ownership. The earliest forms of state-recognized intellectual property—like patents—were meant to reward people for coming…
A Patent’s Value Means Little Without the Means to Defend ItValuing a patent isn’t simple—methods like the cost, market, and income approaches are commonly used—but even a high-value patent may…