OSS delivers flexibility, scalability, and speed that few proprietary stacks can match. But the benefits outweigh the risks only if the risks are actively managed. The core lesson is structural. OSS copyright compliance is indispensable but incomplete. Patent exposure can attach even where distribution is lawful and good faith is undisputed, and contributor-based patent grants, even when well drafted, do not eliminate third-party assertion risk.
Federal Circuit: Issue Preclusion Precludes the Board from Reaching the Opposite Conclusion on PatentabilityFederal Circuit: Result-Oriented Claims that Fail to Disclose How the Alleged Goal is Achieve are Unpatentable
Federal Circuit: “Complete Identity of Inventive Entity” Required to Remove Prior Art as Not By “Another” Under Pre-AIA LawFederal Circuit: No Trade Secret Misappropriation By Goodyear nor Correction of Inventorship Warranted Because of Coda’s Failure to Show Specificity, Secrecy, or Evidence of Use
Generative AI is not an extinction-level event for patent prosecutors. It’s a force multiplier — an amplifier of legal analysis, not a replacement for it. If anything, it will allow practitioners to spend more time doing what clients value the most.
As electronic discovery continues to evolve, pharmaceutical and technology companies — particularly those navigating the complexities of patent litigation — face a rapidly changing technological landscape that is increasingly influenced by AI tools.
Federal Circuit Holds That Patentee’s Disavowal of Claim Construction Warrants Reversal of Summary JudgmentFederal Circuit Concludes That Two Organizations Lack Associational Standing to Challenge USPTO’s Denial of Petition for Rulemaking
The landscape for discretionary denials at PTAB is evolving quickly; both patent challengers and owners must adapt their strategies to ensure they are not left behind by the USPTO’s new approach.
Most days, preparing and prosecuting patent applications follows a familiar rhythm. Talk with the inventors. Draft the application. Wait for the Patent Office. Argue a few times. Secure the patent. Repeat. But every so often, a case reminds us that our work can mean much more — especially when something has gone wrong, and someone needs an advocate to make it right.
In Ex parte Michalek, the PTAB evaluated an invention involving medical health technology and artificial intelligence. While this case involved medical health technology, the implicated issues inform patent strategies for AI enabled inventions across all industries.
Only a few district courts have addressed the failure to mark in recent years — but they’ve reached directly opposing conclusions. This article analyzes the conflicting authorities and their reasoning, and it provides guidance to litigants on best practices given the conflict between district courts.
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