Posts in Holiday Posts

USPTO 2023 Year in Review: E-Filings and Rulemakings and AI, Oh My!

The U.S. Patent and Trademark Office’s (USPTO’s) 2023 has been one marked by a push towards further modernization and reduction of environmental impact, while also attempting to increase administrative efficiency. The Office has also solicited and received zealous commentary from an interested public regarding proposed changes to Patent Trial and Appeals Board (PTAB) proceedings. Lastly, in continuation of last year’s prevailing theme, the USPTO has begun generating reports, holding listening sessions, and publishing Director’s blogs regarding the topic of artificial intelligence (AI) as it pertains to both inventorship and as a subject of invention.

Evaluating Europe’s New IP Court: How the UPC is Doing So Far and What’s to Come

On June 1, 2023, the Unified Patent Court (UPC) opened, providing a new venue for patent litigation across all 17 ratifying European Union member states. The court represents a significant shift in patent litigation in the EU, which is poised to impact the global patent strategy of U.S. and multinational companies. Through the European Patent Office (EPO), inventors have long been able to obtain patent protection across most of the EU through a single application. Once the EPO grants a European Patent, inventors have the option of obtaining local patent protection in any member state that they select without the need for further examination or review. However, historically, once the EPO granted a patent, there was no single enforcement or invalidation mechanism, leaving it up to the member states to enforce patent rights.

Key U.S. District Court Cases with Implications for IP in the New Year

Although the proceedings before federal district courts may not garner as much attention as those of the U.S. Court of appeals for the Federal Circuit or the Supreme Court, they can be an important proving ground for the decisions rendered by those courts. And 2023 was no exception to that rule. As discussed below, the Zogenix v. Apotex and Teva v. Eli Lilly decisions provide a glimpse into what litigants can expect in the aftermath of the GSK v. Teva and Amgen v. Sanofi decisions, respectively. These cases will have an especially significant impact on the life sciences industry, and watching how these decisions are applied by the district courts should be a priority for practitioners in this space.

IP at the Top: What the Supreme Court’s 2023 IP Rulings Mean for Practice

In 2023, the U.S. Supreme Court decided four intellectual property cases. The cases touched all of the major fields of intellectual property—two cases interpreted the federal trademark act (Jack Daniel’s and Abitron), one case involved patent enablement (Amgen), and one case explicated the federal copyright statutes (Goldsmith). The decisions were split along party lines, with two cases finding in favor of intellectual property owners (Jack Daniel’s and Goldsmith) and two cases in favor of the accused infringers (Abitron and Amgen).

Five Golden CAFC Patent Cases of 2023

As 2023 draws to a close, here’s a gift of five golden Federal Circuit patent cases! These decisions issued by the U.S. Court of Appeals for the Federal Circuit (CAFC) significantly impact patent practitioners in several areas, including patent prosecution, litigation, and inter partes reviews (IPRs).

‘I Want to Thank You’: Who and What IP Stakeholders are Giving Thanks for This Year

With another Thanksgiving holiday upon us in the United States, we once again asked the IP community to chime in with what they have been grateful for in the realm of IP for 2023. We received comments from more than two dozen practitioners who mentioned almost as many  unique topics for which they are thankful. From movement on AI and IP protection to pending patent eligibility and Patent Trial and Appeal Board legislation, to big trademark wins this year, read on to hear what IP stakeholders are saying thanks for this year.