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Amgen v. Sanofi: Implications for the Enablement Standard
In 2014, Amgen Inc. sued Sanofi and others for infringement of multiple patents covering technology related to monoclonal antibody therapies for treating high cholesterol. Sanofi et al. argued noninfringement because the claims were not enabled…
Read MorePatent Your AI, Don’t AI Your Patents
The release of ChatGPT in late 2022 created a tsunami of interest. That tsunami has spawned countless articles about the impending doom of knowledge-based professions extending from teachers to lawyers and doctors to accountants. It…
Read MoreNew Upcoming Supreme Court Trademark Case
On June 5th, the Supreme Court granted certiorari in Vidal v. Elster, No. 22-704, to address the constitutionality of a refusal to register a trademark under 15 U.S.C. § 1052(c). Although the case arises from a…
Read MorePatenting Chemical Compositions Containing Natural Products
The Supreme Court has identified the patenting of natural products as a judicial exception to patentability. Claims directed to nothing more than abstract ideas (such as mathematical algorithms), natural phenomena, and laws of nature are…
Read MoreArtificial Intelligence: Technical Primer & Patenting Tips
Artificial Intelligence (AI) has emerged as an important area of innovation and development for a variety of clients, whether they develop underlying AI technology, or utilize AI models to enhance their product offerings. AI is…
Read MoreEnforcement of the California Consumer Privacy Act – Sephora’s Settlement
The California Consumer Privacy Act (“CCPA”) is changing the landscape for data privacy and protection in the United States. Not only is understanding the basics of this law important to compliance, but understanding how it…
Read MoreCopyright Lessons from Taylor Swift
In 2017, Sean Hall and Nathan Butler filed a copyright infringement lawsuit against Taylor Swift, alleging that Swift’s 2014 song Shake It Off includes lyrics from Hall and Butler’s 2001 song Playas Gon’ Play. Specifically,…
Read MoreConsiderations for Legal Arguments in Patent Prosecution
Patent prosecution is often performed by addressing the technical merits of the art cited by the Examiner in the response. This may include submitting arguments about the teachings of a particular reference. However, patent prosecution…
Read MoreThe Written Description Requirement for Negative Claim Limitations
A “negative claim limitation” is language recited in a patent claim that speaks to the absence of a feature, as opposed to a positive claim limitation that recites the presence of a feature. Key phrases…
Read MoreParis Convention Pitfalls When Filing Follow-on Patent Applications
The United States and most countries around the world are party to the Paris Convention for the Protection of Industrial Property (“Paris Convention”), signed in Paris, France on March 20, 1883. The treaty establishes common…
Read MoreBlockchains: A Brief Primer
Since publication of the Bitcoin blockchain in 2009, blockchains and cryptocurrencies have garnered much public attention. A blockchain contains a secure and tamper-resistant ledger of transactions. Additional blockchain characteristics include the lack of a central…
Read More§101 Applied to Mechanical Claims
The 2019 Patent Eligibility Guidance (PEG) provided by the United States Patent Office (USPTO) has helped, to some degree, calm the § 101 storm as between patent examiners and stakeholders. The Federal Circuit, however, is…
Read MorePrimer for Patenting Methods of Treatment
Under ideal circumstances an applicant generally tries to obtain a patent that claims the underlying invention as a substantive and definitive object or composition. In doing so, the claims extend protection from the invention itself…
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