Attorney:
Sameer Gokhale
December 13, 2022
In the Federal Circuit decision in Amgen Inc. v. Sanofi[1], while invalidating two of Amgen’s antibody patents, the CAFC made the following statement regarding the enablement requirement of 35 U.S.C. §112.<... Read more
Attorney:
Kurt M. Berger, Ph.D.
August 16, 2022
The Federal Circuit recently affirmed a decision in the Eastern District of Virginia holding that the Patent Act unambiguously requires an inventor to be a natural person.<... Read more
Attorney:
Yuki Onoe
April 18, 2022
Support Vector Machine-Recursive Feature Elimination (SVM-RFE) is a technology which can be used to find relevant patterns in a large data set such as the data generated in the sequencing of genomes and produce smaller subsets. In Health Discovery Corp. v. Intel Corp.[1], the patent owner HDC, in its complaint for infringement, discussed the innovative aspects of the technology:<... Read more
Attorney:
Sameer Gokhale
January 27, 2022
An ongoing discussion in the field of artificial intelligence (AI) and patent law relates to the implications of AI toward the standard for a person having ordinary skill in the art (“PHOSITA”). While the PHOSITA is a legal fiction, resolving the level of ordinary skill in the pertinent art is one of the Graham factors enunciated by the Supreme Court in the framework for determining obviousness under 35 U.S.C. §103.[1] <... Read more
Attorney:
James R. Love
November 1, 2021
Drafting claims with infringement in mind has always been a challenge. For instance, claims should be drafted to ensure that they can be infringed by a single party in order to address divided infringement issues. Similarly, it may be useful to draft claims in a way that avoids requiring end-user infringement as end-users may not be the best target when considering litigation. In the same vein, it is important to draft claims in a way that infringement is detectable, as a patent owner must have facts that provide a plausible entitlement to relief. This means that the patent owner must have some basis to allege that the patent claims are being infringed. If the claims include features that are not readably detectable, the claims may, in effect, be useless when considering infringement. This is especially true in Artificial Intelligence where many features are difficult to easily detect without intimate knowledge of the AI system. In fact, AI systems are often considered black box systems in which the inner workings are not evident to the outside and sometimes not even to the operator of the AI system.<... Read more