The Federal Circuit reversed a lost profits award in a patent infringement case, holding that the district court applied the wrong legal standard when it excluded evidence of noninfringing substitutes. The case provides guidance on when hypothetical design alternatives may reduce or eliminate lost profits damages. The Inventist Case In Inventist Inc. v. Ninebot Inc.…
DetailsIf you are a patent attorney with clients selling on Amazon, you’ve probably heard about APEX—Amazon’s Patent Evaluation eXpress program. On paper, it sounds almost too good to be true: resolve patent disputes in 30 days for just $4,000 per party. Compare that to traditional patent litigation, which can drag on for years and cost…
DetailsThe explosion of Generative AI (GAI) tools has brought the complex question of AI authorship to a head. When a machine creates an image or a complex piece of text, who owns it? While various jurisdictions have adopted nuanced positions, the fundamental legal principle remains the same: human creative contribution is the required doctrinal touchstone…
DetailsMedical device companies face a unique trap at the intersection of FDA regulation and patent law. Mandatory adverse event reports submitted to the FDA become publicly accessible and can qualify as prior art that affect patent rights. Even well-intentioned compliance with FDA requirements can eliminate a patentee’s ability to patent valuable innovations if a patent…
DetailsReceiving a Final Office Action from the USPTO (US Patent and Trademark Office) can feel like hitting a wall in the patent application process. However, “final” does not mean the end of the road. Several paths remain available to obtain patent protection, and selecting the right strategy depends on the specific circumstances and goals. What…
DetailsPatents give inventors exclusive rights to their inventions. But these rights have limits. When a patent owner tries to extend control beyond the scope of the patent, courts may find patent misuse. What Is Patent Misuse? Patent misuse is a defense to patent infringement. The doctrine prevents patent owners from using their patents in ways…
DetailsArtificial intelligence systems now generate inventions. They design new products, create novel solutions, and suggest innovations. But can an AI system appear as an inventor on a patent application? The Law Requires Human Inventors Under the Patent Act, an inventor must be an “individual.” The Federal Circuit addressed this question in Thaler v. Vidal, 43…
DetailsPatents have a standard term, but certain circumstances allow patent owners to extend that term beyond the normal expiration date. Two mechanisms accomplish this: patent term adjustment and patent term extension. Though the names sound similar, these provisions serve different purposes and address different delays. Understanding these mechanisms helps patent owners maximize the value of…
DetailsBusiness clients developing new technology frequently focus on product development, market strategy, and funding. They may overlook patent considerations until these considerations become problems. As their counsel, you can protect your clients from losing valuable patent rights by recognizing three areas where missteps occur: timing, public disclosure, and inventorship. The First-to-File System Requires Prompt Action…
DetailsPatents protect inventions. This protection gives the patent owner the right to exclude others from making, using, selling, offering for sale, or importing the claimed invention during the patent term. Understanding what qualifies as eligible for patent protection is essential for anyone seeking to protect intellectual property through the patent application process. Patent law provides…
Details