Who Is the Inventor When AI Is Involved? USPTO Issues New Guidance on AI-Assisted Inventions

Revised Inventorship Guidance for AI-Assisted Inventions Authored by: Jeremy J. Gustrowsky The United States Patent and Trademark Office (USPTO) recently released revised guidance clarifying how inventorship should be determined for inventions created with the help of artificial intelligence (AI). This…

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Court Finds “Optimal” and “Best” Patent Claims Too Vague for Enforcement

Akamai Techs., Inc. v. Mediapointe, Inc. Authored by: Jeremy J. Gustrowsky A recent decision highlights the importance of clear and objective language in patent claims, especially when using terms of degree like “optimal” or “best.” In a dispute between Akamai…

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Court Sanctions Patent Owner for Frivolous Lawsuit Against Google

EscapeX IP, LLC v. Google LLC Authored by: Jeremy J. Gustrowsky A recent decision highlights the risks for patent owners who file lawsuits without a solid basis. EscapeX IP, LLC brought a patent infringement suit against Google, claiming that Google’s…

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Federal Circuit Clarifies Patent Claim Construction in Railroad Car Dispute

Nat’l Steel Car Ltd. v. Greenbrier-Concarril LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit affirmed a district court’s ruling that Greenbrier-Concarril LLC did not infringe two patents owned by National Steel Car Ltd. (NSC) related…

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Patent Invalidated: Federal Circuit Reverses $39 Million Hair Loss Drug Verdict Over Written Description

Duke Univ. v. Sandoz Inc Authored by: Jeremy J. Gustrowsky In a major decision for pharmaceutical patents, the Federal Circuit reversed a $39 million jury verdict in favor of Duke University and Allergan Sales, LLC, finding that claim 30 of…

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Federal Circuit Clarifies “Transparency” in Design Patents and Limits Doctrine of Equivalents for Integrated Frames

Smartrend Mfg. Grp. (SMG), Inc. v. Opti-Luxx Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit addressed important issues of claim construction and patent infringement in Smartrend Mfg. Grp. (SMG), Inc. v. Opti-Luxx Inc. The case…

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Federal Circuit Corrects Obvious Patent Typo, Saving Claims from Indefiniteness

Canatex Completion Sols., Inc. v. Wellmatics, LLC Authored by: Jeremy J. Gustrowsky In a recent patent dispute in the oil and gas industry, the Federal Circuit stepped in to fix a clear drafting mistake in a patent claim, overturning a…

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Patent Office’s Discretion in IPR Decisions Upheld: No Mandamus Relief for Motorola

In re Motorola Sols., Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit denied Motorola Solutions, Inc.’s attempt to overturn the Patent Office’s (USPTO) decision to end several inter partes review (IPR) proceedings involving patents challenged…

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Who Counts as an Inventor? Federal Circuit Clarifies “By Another” Prior Art Rule in Merck v. Hopewell

Merck Serono S.A. v. Hopewell Pharma Ventures, Inc Authored by: Jeremy J. Gustrowsky The Federal Circuit recently clarified when a prior publication counts as “prior art” against a patent with overlapping inventors. In Merck Serono S.A. v. Hopewell Pharma Ventures,…

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Federal Circuit Clarifies Patent Terms for Heart Valve Devices in Key Infringement Ruling

Aortic Innovations LLC v. Edwards Lifesciences Corp Authored by: Jeremy J. Gustrowsky In a recent decision, the U.S. Court of Appeals for the Federal Circuit addressed a patent dispute between Aortic Innovations LLC and Edwards Lifesciences over innovative devices used…

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Patent Board Faulted for Failing to Explain Its Reasoning in Network Security Patent Challenge

Palo Alto Networks, Inc. v. Centripetal Networks, LLC Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit vacated and remanded a Patent Trial and Appeal Board (PTAB) ruling after finding that the Board failed to adequately explain…

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Patent Board Must Consider Evidence of Copying, Says Federal Circuit in Centripetal v. Palo Alto Networks

Centripetal Networks, LLC v. Palo Alto Networks, Inc Authored by: Jeremy J. Gustrowsky In a recent decision, the Federal Circuit vacated a Patent Trial and Appeal Board (PTAB) ruling in the dispute between Centripetal Networks, LLC and Palo Alto Networks,…

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