Evergreening: The Backbone of Pharmaceutical Patents
This blog introduces Evergreening and its impact on the pharmaceutical industry's control of their intellectual property.
Creativity on Trial: The Broader Implications of Patents on Creative Freedom in Game Development
Video games evolve by creatively refining existing mechanics, but when should inspiration become infringement? As major companies enforce patents to protect their ideas and markets, smaller developers face new creativity challenges. Nintendo v. Pocketpair, Inc. exemplifies this tension and could reshape how the industry balances innovation with intellectual property protection.
Patenting the Machine’s Mind: Navigating the Uncertainty of § 101 Subject Matter Eligibility in the AI Era
As artificial intelligence balances on the boundary between human innovation and machine output, uncertainty under 35 U.S.C. § 101 continues to test the contours of patentable subject matter. This entry examines how evolving jurisprudence, administrative guidance, and legislative reform collectively seek to balance innovation and legal certainty.
Choosing Trade Enforcement Over Traditional Patent Litigation
Ventria Bioscience’s Strategic Use of the ITC to Halt Competing Chinese Imports
The Bayh-Dole Act: Balancing Innovation and Oversight
Has the Bayh-Dole Act created a stable environment for institutional invention, or has governmental power gone too far?
<em> Beteiro, LLC v. DraftKings Inc., et al. </em>
The Federal Circuit Court affirmed the District Court of New Jersey’s decision to dismiss a patent infringement case by determining the asserted patents patent-ineligible for containing abstract ideas and lacking innovation.
The Fight for CRISPR Patents
For over a decade, there has been a battle for the coveted patents relating to the CRISPR/Cas9 gene editing technique. Two main groups, the University of California and the Broad Institute, are litigating the rights to the patents specifically covering the editing of eukaryotic cells
Musi Inc. v. Apple Inc.: Alleged Copyright Infringement
Musi Inc. is suing Apple for removing the app from the App Store. Was Apple justified in its removal of Musi, or was Musi correctly operating within Youtube’s terms of service?
AI-Inventions, Plant Patents, and the Forever-Spinning Plum
We’ve been here before. In the 1930’s, Congress decided that plants were patentable subject matter. Since then, we’ve pushed the boundaries of what can be patentable. But now that we’re faced with AI-inventions, we have choked on the idea that an invention was created using bits and not biotics.
Senator Tillis’ Attempts to Change Patent Subject Matter Eligibility
U.S. Senate Collection
<em> Tube-Mac Indus., Inc. v. Campbell </em>
The Federal Circuit Court affirmed an Eastern District Court of Virginia’s decision to mandate a correction of inventorship of U.S. Patent 9,376,049 (the “’049 patent”) which added Gary Mackay and Dan Hewson as named inventors.
<em> Freshub, Inc. v. Amazon, Inc. </em>
The Federal Circuit rejected Amazon’s cross-appeal and affirmed the district court ruling, determining that the lower court did not abuse its discretion or make a clear error on Amazon’s inequitable conduct defense.