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Supreme Court Unanimously Affirms Amgen Repatha® Antibody Patents Invalid for Lack of Enablement
May 25, 2023 | Blog | By Joe Rutkowski, Peter Cuomo, Thomas Wintner, Adam Samansky, Terri Shieh-Newton
Intellectual Property for the Metaverse
May 24, 2023 | Blog | By Frank Gerratana, Amritaa Ganguly
EXCLUSIVE RIGHTS: Intellectual Property — Avoiding Pitfalls: IP “Dos and Don’ts” for High-Tech Start-Ups
May 11, 2023 | Podcast | By Daniel Weinger, Frank Gerratana, Greg Penoyer
In this latest episode of EXCLUSIVE RIGHTS, Members Daniel Weinger and Frank Gerratana, along with Associate Greg Penoyer, explore how high-tech start-ups can set themselves up for IP success. The podcast covers the dos and don’ts related to founding documents, provisional patent applications and strategy, trademarks, open source considerations, and more.
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Nothing for free – the real costs of ChatGPT
May 11, 2023 | Blog | By Michael Renaud, Marguerite McConihe, Nana Liu
Making Bacon Still Requires a Significant Contribution for Joint Inventorship
May 10, 2023 | Blog | By Peter Cuomo, Hannah Edge
I Spy a Trade Secret: Conducting Proper Trade Secret Asset Management Review to Avoid Sufficiency Failure in Litigation
April 5, 2023 | Blog | By Nicholas Armington, Michael Renaud, Jonathan Engler
Successful defense of trade secrets in litigation begins with evaluating valuable confidential information and steps taken to safeguard it before any disputes arise. Trade secret asset management allows companies to effectively frame misappropriation or theft claims and advance arguments at every stage of a trade secrets dispute.
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Benefits and Legal Risks of Embracing Generative AI Applications
April 5, 2023 | Blog | By Jeremy Glaser, Lorena Niebla
Generative artificial intelligence creates content and work efficiencies but also comes with legal pitfalls. Mintz Venture Capital & Emerging Companies Practice Co-chair Jeremy Glaser and Associate Lorena Niebla look at the technology's potential uses as well as risks related to data privacy, intellectual property, and more.
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Federal Circuit Affirms Delisting of REMS System Patent from FDA Orange Book
March 6, 2023 | Blog | By Peter Cuomo, Adam Samansky, Peter McFadden
Avoiding Pitfalls: IP “Dos and Don’ts” for High-Tech Start Ups
February 27, 2023 | Blog | By Daniel Weinger, Frank Gerratana, Greg Penoyer
Lensa: Are AI Art Generators Copyright Infringers?
February 15, 2023 | Blog | By Frank Gerratana, Michael Graif, Sebastian Navarro
Federal Circuit Resolves District Court Split, Holds Foreign Defendant Cannot Defeat Rule 4(k)(2) Personal Jurisdiction by Unilateral Post-suit Consent to Jurisdiction in Alternative Forum
January 23, 2023 | Blog | By Joe Rutkowski, Adam Samansky, Peter Cuomo
The New European Patent System: Unitary Patents & Unified Patent Court
January 18, 2023 | Webinar | By Pedro Suarez, Michael Van Loy
Year in Review: The Most Popular IP Posts of 2022
January 5, 2023 | Blog | By Christina Sperry
The Prevailing Winds of Public Interest: Tailoring Injunctive Relief in Patent Litigation Through Carve Outs
December 7, 2022 | Blog | By Andrew DeVoogd, Gabriella Flick, Serge Subach
Apple’s Hold-out Strategy Nears End & Appears to Backfire in UK
November 9, 2022 | Blog | By Michael Renaud, Daniel Weinger, James Thomson
The UK has again demonstrated the ongoing trend against hold-out, approving an order forcing Apple to commit to take a license on FRAND terms, to be determined by the court, or face an injunction. This ruling is the latest in a line of decisions favorable to SEP holders across Europe and the United States that seem to be retilting SEP licensing towards more balance between innovators (patent owners) and implementers (alleged infringers). While there is more progress to be made, and the recognition of hold-out as a real problem continues to gain traction, this new UK decision reinforces basic principles of patent law: injunctions for SEPs are a real possibility.
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Artificial Intelligence (AI) Takes a Role in USPTO Patent Searches
November 8, 2022 | Blog | By Christina Sperry
In 2021 the U.S. Patent and Trademark Office (USPTO) developed an Artificial Intelligence (AI) based prototype search system for use by examiners during examination of patent applications. The USPTO found searching success with the prototype, for the USPTO just launched an AI-based “Similarity Search” in the Patents End-to-End (PE2E) prior art search suite for patents examiners.
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Eastern District of Texas Holds Willful Infringement Knowledge Requirement May Be Satisfied by Informing Non-Party of Infringement Claims Before Adding That Party as a Defendant
October 19, 2022 | Blog | By Adam Samansky, Peter Cuomo, Joe Rutkowski
On October 5, 2022, U.S. Magistrate Judge Roy S. Payne of the Eastern District of Texas recommended denying-in-part a motion for summary judgment of no willful infringement, holding that requisite knowledge of the asserted patent and alleged infringement of that patent could be satisfied by notice of the lawsuit before the moving defendant was added as a party.
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An Emerging Split on the Applicability of the Inevitable Disclosure Doctrine Under the DTSA
October 10, 2022 | Blog | By Oliver Ennis, Nicholas Armington, Adam Samansky
Energy & Sustainability IP Updates — August 2022
August 8, 2022 | Article | By Brad M Scheller
Lost Profits – Who’s Sale is it Anyway?
August 1, 2022 | Blog | By Brad M Scheller, Robert Sweeney
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