Posts Tagged: "Guest Contributor"

Understanding IP Matters: AI Beyond ChatGPT — How a Healthcare Investor and INDYCAR Engineer are Taming Big Data

OpenAI shocked the world when it released its spectacularly helpful, free generative AI platform, ChatGPT, on November 30, 2022. AI has existed in various forms for decades but it has never been so widely accessible or boldly efficient. No one can deny that we’ve been living in an AI world ever since. But ChatGPT is just one example of how AI is being used by businesses. To unpack why and how different forms of artificial intelligence are being adopted by businesses and their impact on intellectual property rights, Bruce Berman hosts two innovative exponents of AI on the seventh episode of the third season of his podcast “Understanding IP Matters.”

PTAB Subpoenas: Practical Guidance on How to Use This Rare but Useful Tool

The Patent Trial and Appeal Board (PTAB) remains a popular and busy venue for post-grant review of patents. These proceedings are known for being faster, and by statute, they allow for less discovery than district court patent cases. PTAB litigants therefore may not think about potential third-party subpoenas, which can take significant time and effort to obtain. It is possible, however, to obtain a subpoena in a PTAB case. In certain circumstances, a PTAB subpoena can be a useful tool to bolster your case at the PTAB, but there are specific procedures that must be followed to properly issue and enforce such a subpoena. Precise compliance with these procedures is necessary to obtain the discovery sought.

‘Where Are the Designers on This?’: Some Post-Argument Thoughts on LKQ v. GM

On February 5, 2024, the U.S. Court of Appeals for the Federal Circuit (CAFC) held its en banc oral argument to reconsider the obviousness test for design patents. Overall, the many judges’ questions indicated a hesitancy to change the current law, as they expressed concern with positions advanced by the patent challenger. Listening to the argument, it became instantly clear that the designer’s voice was missing from the arguments of both parties. The judges had deeply probing and important questions that need the input of a design professional. As an experienced design professional, I penned this article to highlight the designer’s voice by providing answers to several critical questions posed by the court during oral argument.

Since 2020, Patent Errors Have Decreased by 11.24%

In an ideal world, issued patents would not contain errors. In reality, patent drafting is tedious and time-consuming work and perfection is not an attainable goal. The patent industry seems to be steadily getting better, though. In a recent study, we uncovered an 11.24% decrease in errors per patent over the past four years. We observed this decrease by reviewing every patent issued by the U.S. Patent and Trademark Office (USPTO) since 2020 – nearly 1.4 million patents.

Patent Filings Roundup: ‘DASH’ Streaming Patents Struck Down Under 101; Samsung IPRs Fall to Fintiv; IP Edge Affiliate Kicks Off New Campaign

It was an average week for patent filings at the Patent Trial and Appeal Board (PTAB) and an above-average week in district courts, with 72 district court complaints filed and 18 new PTAB petitions—one petition for Post Grant Review (PGR), and 17 for Inter Partes Review (IPR). At the PTAB, a number of challenges were filed, including two IPRs by Tesla challenging patents owned by Iqar Inc, four IPRs by Dish challenging patents owned by Entropic Communications LLC (associated with Fortress), two IPRs by Microsoft challenging patents owned by Interdigital Patent Holdings Inc (associated with InterDigital Inc.), and two IPRs by Juniper Networks challenging patents owned by Monarch Networking Solutions LLC (associated with Acacia Research Corporation).