The USPTO released inventorship guidance on February 12, 2024, for inventions assisted by artificial intelligence (AI). The Federal Circuit previously held that an AI system cannot be listed as an inventor in Thaler v. Vidal, 43 F.4th 1207 (Fed. Cir. 2022), and this release provides guidance regarding the open question of human inventorship for
USPTO Guidelines on Enablement Requirement published 10 January 2024
In view of the recent Supreme Court decision in Amgen Inc. et al. v. Sanofi et al., 143 S. Ct. 1243 (2023)(hereinafter Amgen), the USPTO has published guidelines for determining enablement requirement (35 U.S.C. § 112(a)) compliance among all utility patent applications regardless of technology. You can access the published guidelines here.
The…
Monique Selby Selected as Unsung Legal Hero in 2023 by Michigan Lawyers Weekly
The Health Law Partners, P.C. (HLP) congratulates Monique Selby, HLP Office Manager and Executive Assistant, for her selection into the Michigan Lawyers Weekly 2023 Class of “Unsung Legal Heroes.”
The Unsung Legal Heroes program honors law firm and legal professionals who consistently go above and beyond the call of duty. Monique not only provides administrative…
“Five Ways to Make Your Global Patent Prosecution Strategies More Efficient,” Today’s General Counsel
In an article published on December 7, 2023, Harness IP Principal Chris K. Miller provides guidance to legal departments that are responsible for maintaining a global patent portfolio.
Summarized in five tips for in-house counsel, Miller looks at ways to maximize patent filings to save time and money. It begins with “universal” patent application disclosures.…
Unlocking The Power Of Intellectual Property Of Mid-Size Companies
Podcast with Bryan K. Wheelock and Joseph E. Walsh
You can’t “trademark your copyright,” but you can protect your brands and innovations with intellectual property rights.
St. Louis based Principals Bryan Wheelock and Joe Walsh recently spoke with Doug Farren at the National Center for the Middle Market, and host of The Market That Moves…
Have a Seat Over There — Petitioner Has No Standing to Appeal PTAB Decision
In Allgenesis Biotherapeutics Inc., v. Cloudbreak Therapeutics, LLC, [2022-1706] (November 7, 2023), the Federal Circuit dismissed the appeal of the PTAB’s final written decision that claims 4 and 5 of U.S. Patent No. 10,149,820 had not been shown to be unpatentable, because Allgenesis has failed to establish an injury in fact sufficient to confer…
Extrinsic Evidence Needed to Construe Numerical Limitation in the Claims
Actelion Pharmaceuticals Ltd, v. Mylan Pharmaceuticals Inc., [2022-1889] (November 6, 2023), the Federal Circuit vacated the district court’s claim construction order with respect to the term “a pH of 13 or higher” in U.S. Patent Nos. 8,318,802 and 8,598,227 and the judgment of infringement, and remand for the district court to consider the extrinsic…
Co-owned, but Unrelated Application Cited in IDS Does not Inform the Meaning of the Claims
In Malvern Panalytical Inc., v. TA Instruments-Waters LLC, [2022-1439] (November 1, 2023), because the district court erred in construing “pipette guiding mechanism,” the Federal Circuit vacated the stipulated judgment of non-infringement of U.S. Patent Nos. 8,827,549 (“the ’549 patent”) and 8,449,175 and remanded for further proceedings. These patents both disclose microcalorimeters, which are machines…
Extortion By Noncompete?
By Jason Shinn
Employee noncompete restrictions are supposed to provide a company with a means to preserve its legitimate competitive interests when an employment relationship ends. But they can also be used by unscrupulous employers to make demands that outside of the guardrails of the judicial system would resemble extortion.
This post discusses a recent example of arguably…
Jessica L. Gustafson, Robert S. Iwrey, and Clinton Mikel Named as 2023 Michigan Super Lawyers
The Health Law Partners, P.C. congratulates Jessica L. Gustafson, Esq., Robert S. Iwrey, Esq., and Clinton Mikel, Esq. on their selection as 2023 Michigan Super Lawyers in Health Care law.
Super Lawyers, part of Thomson Reuters, is an attorney rating service whose selection process includes independent research, peer nominations, and peer evaluations. Each…