Intellectual Property

Answers To AI Patent Questions May Be Found In Biotech

In patenting innovations involving artificial intelligence, there is uncertainty on issues like inventorship, adequacy of disclosure, assessment of nonobviousness, and patent eligibility. The field of biotechnology once faced similar challenges, say Enrica Bruno and Brian Cash of Steinfl & Bruno.

Opinion

Jury Trials Are In Decline For Good Reason

A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

The PTAB's New, Narrow Avenue For Filing Late IPR

The Patent Trial and Appeal Board's decision in Proppant Express v. Oren provides one example of permissible self-joinder for inter partes review petitioners after the one-year bar. Though limited, the ruling may apply to several other circumstances, say Stephen Zinda and James Hall of Blank Rome.

Biologic Manufacturers Should Expect Antitrust Scrutiny

Recently filed class actions against AbbVie and various biosimilar manufacturers, alleging that the U.S. Supreme Court's Actavis decision should be applied to supposedly anti-competitive biologic/biosimilar settlement agreements, indicate that the biologic space may be the next hotbed of pharmaceutical antitrust activity, say James Kovacs and Ankur Kapoor of Constantine Cannon.

Series

Why I Became A Lawyer: A Circuitous Path To The Law

Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

A Major Shift For EU Copyright Protection Online

A recently adopted European copyright directive contains two controversial changes that are likely to alter the internet status quo by holding online content-sharing service providers liable for users' copyright violations, say Andrew Avsec and Tracey Starck of Brinks Gilson.

Employer Considerations When Using Garden Leave Clauses

Excerpt from Lexis Practice Advisor

Garden leave — when a departing employee remains on company payroll and cannot compete with the employer — is an attractive alternative to regular noncompetes. Elisaveta Dolghih of Lewis Brisbois discusses the advantages and disadvantages of garden leave provisions and provides drafting best practices.

Fee Award Highlights Patent Litigation In Claims Court

The recent U.S. Court of Federal Claims decision awarding Hitkansut more than $4 million in attorney fees explains the different fee standard for patent cases against the government, and may lead to increased interest in these types of cases, say Matthew Rizzolo and Steve Meil of Ropes & Gray.

Series

Judging A Book: Conrad Reviews 'The Jury Crisis'

In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

No Shortage Of Opinions On New USPTO Eligibility Guidance

The U.S. Patent and Trademark Office received thousands of comments on its new patent subject matter eligibility guidance. Stuart Meyer of Fenwick & West examines the many conflicting perspectives that emerged.