Why Inventors Should Care About the Blue Buffalo Decision If you’re an inventor thinking about filing a patent, here’s a recent Federal Circuit decision you
The Federal Circuit Clarifies: Only Humans Can Be Inventors For a while there, it looked like we had some rules. Back in 2022, the Federal
Wow, the Federal Circuit seriously narrowed the scope of some patent assignments. Continuation-in-Part Applications Not Covered in Assignments The Federal Circuit held that a 2007
When politicians get involved in patent law, things usually get messy — and the latest spat between the Trump Administration and Harvard over the Bayh-Dole
Previously, courts required trade secret plaintiffs to identify their trade secrets with particularity. That requirement applied before defendants had to respond to discovery. In practice,
What Is the Doctrine of Equivalents in U.S. Patent Law? The Doctrine of Equivalents is a legal principle in U.S. patent law that allows a court
Picture source: https://boredapeyachtclub.com/ When Trademark Law Meets Web3 and Cartoon Apes If you’ve ever wondered whether the law treats an NFT like a Beanie Baby,
The Doctrine of Equivalents: When Literal Infringement Isn’t Required Patent law has its own version of “close enough,” called the Doctrine of Equivalents (DOE). It
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
The DABUS Litigation Is a Personhood Fight Disguised as a Patent Fight Dr. Stephen Thaler has lost another case trying to have his DABUS AI
Enablement Depends on Context In patent law, “enablement” is critical. However, the required detail varies depending on your goal—getting a patent or invalidating one. This
Federal Circuit Draws New Limits on Injunctions and Orange Book Listings In a decision likely to affect the pharmaceutical industry, the Federal Circuit ruled in
China’s Two Patent Model Types There are two types of patent protection in China: invention and utility model patents. Invention patents are similar to the
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
What Is Means-Plus-Function Claiming? Means-plus-function claiming is a way of writing a patent that describes what something does, not how it does it. For example,
A Patent’s Value Means Little Without the Means to Defend It Valuing a patent isn’t simple. Methods like the cost, market, and income approaches are
Generic Drug Labels and Inducement to Patent Infringement In the ever-evolving world of pharmaceutical patent law, a recent Federal Circuit decision offers guidance on when
In a closely watched decision, the Federal Circuit delivered a clear message. Simply applying machine learning to a new domain is not enough. Unless the
The rule book and the black box The Use of the Inter Partes Review in Infringement Accusations You’re facing an infringement suit. A common defensive
Federal Circuit Limits Cross-Family Prosecution Disclaimer In Maquet Cardiovascular LLC v. Abiomed Inc., the Federal Circuit clarified prosecution history disclaimer across related patents. The court
The Federal Circuit has issued a significant ruling in US Synthetic Corp. v. Int’l Trade Comm’n. It reversed the ITC’s controversial decision that had invalidated
Overview of BearBox LLC v. Lancium LLC Plaintiffs often prefer federal courts because cases typically move faster than in state courts. But speed can work
Understanding System and Method Claims System claims describe the overall arrangement and interaction of different components within a system. They protect the “what” and “how
We have recently added another video to our FishFAQ video series on patents. This one covers a brief history and development of patents. You can
We have uploaded a new FishFAQ™ video to YouTube. This video covers how various related patent applications can make up what is called a ‘patent
We have a new FishFAQ™ video explaining the term “patent pending”, when it can be used, and some considerations to keep in mind when using
Source: https://www.federalregister.gov/documents/2024/07/17/2024-15377/2024-guidance-update-on-patent-subject-matter-eligibility-including-on-artificial-intelligence The US Patent Office continues to issue guidance on subject matter eligibility under 35 U.S.C. § 101. This latest July guidance addresses AI-assisted
The recent case, Zimmer Biomet Holding v Insall, resulted in a judgment requiring the licensee to continue paying royalties after patent expiration. The holding conflicts
Federal Circuit Decision on Amazon APEX (May 2024) In May 2024, the Federal Circuit issued a decision concerning a patentee’s use of Amazon’s patent enforcement
Overview of Cellect v. Vidal The U.S. Supreme Court is currently considering Cellect v. Vidal, a case with potential impact on many patents. Cellect is