Protecting your company’s intellectual property (IP) is a vital business practice. IP protection ensures that the unique elements of your products and processes are protected and solidifies your standing in the industry. When it comes to patentable technology, patent claims are your first line of defense as they put the world on notice to the […]
Claims
Technical Expert Insights on Strategic Patenting
Whether you are building your portfolio with new patents, looking to enter new markets or looking to monetize, it is critical to have a well thought out strategy. Starting with some basic questions; what’s in our portfolio now? Where do we want IP protection in the future? Where are the markets going? Asking these questions, […]
The U.S. Supreme Court Rules on Case Concerning the Standard for Enablement
On May 18, 2023, the U.S. Supreme Court issued a unanimous opinion in the case of Amgen Inc. v. Sanofi and Aventisub LLC (Docket No. 21-757), holding that two U.S. patents owned by Amgen failed to satisfy the enablement requirement of 35 U.S.C. §112(a). The Court’s ruling upheld the opinion of the Federal Circuit. U.S. […]
Factors Influencing the Legal Quality of Patents
As I mentioned in a previous blog post, different aspects of patent quality are affected by different actors in the patent system. Improving patent quality requires careful examination of the various policy levers available to different actors. For instance, the US Patent and Trademark Office (USPTO) is bound by the statutes set forth by Congress. […]
The U.S. Supreme Court Hears Oral Argument Concerning the Standard for Enablement
On March 27, 2023 the U.S. Supreme Court heard oral arguments in Amgen Inc. v. Sanofi and Aventisub LLC (Docket No. 21-757), a patent dispute originally filed by Amgen in late 2014. Amgen contends that Sanofi and Aventisub’s biologic, Praluent®, infringes seven U.S. patents, including U.S. Patent Nos. 8,829,165 (“the ‘165 Patent”) and 8,859,741 (“the […]
Intellectual Property Issues in Buy/Sell Agreements
Intellectual property (IP) refers to intangible assets such as patents, trademarks, copyrights, and trade secrets. These assets increasingly represent significant, material value of businesses, and as such, they need to be properly protected and managed in buy/sell agreements. In a buy/sell agreement, the seller is often required to transfer ownership of any IP that is […]
Generative AI Technology Implications in the Intellectual Property Community
A poem about intellectual property: Intellectual property, a treasure so rare A creation of the mind, beyond compare It’s the fruit of our labor, our ideas and thoughts A source of pride and joy, that we dearly sought We pour our hearts and souls into every design And protect our works, with copyright as our […]