Posts Tagged: "Gene Quinn"

The use of Artificial Intelligence (AI) has taken center stage in popular culture thanks to the significant advances of tools like ChatGPT. Of course, the use of these new, high-powered AI tools presents real issues for businesses of all types and all sizes. Notably, Samsung employees shared confidential information with ChatGPT while using the chatbot at work. Subsequently, Samsung decided to restrict the use of generative AI tools on company-owned devices and on any device with access to internal networks. Concerned about the loss of confidential information, Apple has likewise restricted employees from using ChatGPT and other external AI tools. The actual or potential loss of confidential information is a matter of critical importance to technology companies, but it also must be of the utmost concern for all attorneys who have an ethical obligation to keep client information confidential.

One of the most intriguing, and frankly long overdue, reforms the United States Patent and Trademark Office (USPTO) needs to consider is putting an end to the practice of for-profit entities like Unified Patents and RPX filing petitions challenging a patent. This practice has recently been called into question by the USPTO through an Advance Notice of Proposed Rulemaking (ANPRM) published in the Federal Register. The ANPRM, among many other things, raises the question whether the Office should discretionarily deny post grant proceedings filed by for-profit, non-competitive entities that in essence seek to shield actual real-parties-in-interest (RPIs) and privies from the statutory estoppel provisions contained within the America Invents Act (AIA). And two recent decisions from the Office of Patent Legal Administration (OPLA) provide even more hope that the USPTO will take a reasonable approach going forward when it comes to RPIs.

The United States Patent and Trademark Office (USPTO) has published an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal Register, seeking public comment regarding a variety of issues relating to proceedings before the Patent Trial and Appeal Board (PTAB). The deadline to comment is June 20, 2023, and the USPTO has signaled that no one should anticipate any additional…

Earlier today, the United States Supreme Court issued its decision in Amgen, Inc. v. Sanofi et al. The Court held, as many feared they would, that the 26 antibody examples and detailed instructions for generating additional antibodies within the genus—which covered some 400 pages and included a CD Rom of the x-ray crystallography coordinates of Amgen’s “anchor” (or lead) antibodies 21B12 (Repatha) and 31H4—was insufficient to satisfy the enablement requirement. Unfortunately, the Supreme Court did not explain what level of detail would have been sufficient, nor did the Court provide direction to the industry on what more is expected to satisfy the enablement requirement. So, we simply learned today that the extraordinary disclosure and detail provided by Amgen was not enough.

There is little doubt that the way patent rights are viewed and protected has transformed over the last 15 to 17 years. The patent system our government has enabled over that timeframe incentivizes stealing patent rights rather than engaging in an arm’s length negotiation. This is antithetical to basic, fundamental principles embedded throughout American law, and has caused dispute resolution, licensing and enforcement to emphatically derail.

The increasingly crowded and complex biologics space is evolving faster than the ability of companies to manage sequence information to secure and protect their valuable IP assets. Missing critical sequence IP information during biologics R&D can delay progress and result in weaker patent claims, missed opportunity, and greater legal risks. Join us on Thursday, June 22, 2023, at 12:00 PM…

How much damage is Chief Judge Moore doing to the institution that is the Federal Circuit? That question is hard to answer in the present, but there is no doubt that she is causing the type of damage that will linger and perhaps ultimately lead to the downfall of the court itself. Even before the latest episode in which Chief Judge Moore has taken it upon herself to impeach Judge Newman, acting as complainant, investigator, witness and decider, it had become common for many in the industry to ask openly whether the Federal Circuit had outlived its usefulness.

In the dynamic realm of patent prosecution, both law firms and in-house patent prosecutors are bound by common obstacles such as time constraints and the relentless pursuit of predictability. These challenges are further compounded by the juxtaposition of high expectations against limited resources. To thrive in this demanding landscape, it is imperative to discern the evolving trends that patent prosecutors…

Join Dr. Tim Pohlmann, CEO and Founder of IPlytics (recently acquired by LexisNexis), on Tuesday, August 22, 2023, at 12 PM ET, for a wide-ranging conversation about who is leading the increasingly competitive 5G patent race, with geopolitical implications as companies and countries vie for technical leadership in critical technologies. Join Robert Giles, Senior Vice President, and Chief IP Counsel…

Examiner citations are recognized as a valuable resource for patent professionals, offering critical insights and clues that can be harnessed to maximize the value of intellectual property, protect inventions, stay ahead of competitors, and strengthen negotiating positions. Join us on Thursday, June 15, 2023, at 12:00 PM ET, for a conversation about the value of citation data and its role…

The European Union is reportedly considering sweeping new regulations for the licensing and litigation of standard essential patents (SEPs), which make fair-minded observers wonder whether any sane adults are in charge at the European Commission (EC). The EU’s proposed new regulatory regime is scheduled to be released on April 26 by the Directorate for the Internal Market, Industry, Entrepreneurship and SMEs (DG GROW) of the European Commission (EC). And recently leaked drafts suggest that proposal will contain sweeping new regulations that will effectively put an end to the licensing and litigation of SEPs as it exists today.

The Patent Cooperation Treaty is the best tool currently available to seek international patent protection in multiple jurisdictions. Keep up-to-date on the latest developments in the PCT system, direct from PCT experts at WIPO. Choosing the PCT route is one thing, but it is equally important to utilize the PCT in the best way possible to your and your clients’…

It is impossible to read the Supreme Court’s decision in Arthrex without realizing that the Court was saying that to salvage the unconstitutional hiring of APJs it is necessary for an officer of the United States who has been nominated by the President and confirmed by the Senate to have final decision-making authority, or by an Acting Director temporarily vested…

Is your Law Firm investing in the right technology? The process of acquiring new clients for a law firm is complex and multifaceted. Putting yourself in the right places to meet potential clients, engaging in proper interaction, and building relationships are the key first steps. But once the door is opened because of your networking and relationships, preparing a strong…

While your organization invests substantial resources in protecting its intellectual property, are you extracting the maximum possible value from these valuable assets? We invite you to join us on Thursday, June 8, 2023, at 12:00 PM ET, for an engaging webinar on best practices for patent monetization. This webinar is designed to provide insights and strategies for optimizing returns on…