A Cure for Written Description and Enablement Headaches: Prior Art
TEVA PHARMACEUTICALS INTERNATIONAL GMBH v. ELI LILLY AND COMPANY Before Prost, Cunningham, and Andrews. Appeal from the United States District Court of the District of Massachusetts. Summary: A functionally defined...
Knobbe Martens Lawyers Analyze Schedule A Litigation Trends in E-Commerce IP Enforcement
In a recent article published in the Association of Business Trial Lawyers Report, Knobbe Martens intellectual property lawyers Jared Bunker, Marko Zoretic, and Oren Rosenberg provide an in-depth analysis of...
One Name, Two Claims—And a Settlement: Prince Estate and ’Purple Rain’ Co-Star Resolve Trademark Dispute
In an earlier post, we discussed the high-profile dispute between the estate of the late artist Prince and Patty Apollonia Kotero, over trademark rights derived from the name Apollonia, made...
Invisible but Invalidating: Undisclosed Functionality Still Triggers On-Sale Bar
DEFINITIVE HOLDINGS, LLC v. POWERTEQ LLC Before Moore, Dyk, and Cunningham. Appeal from the United States District Court for the District of Utah. Summary: A third-party sale of a product...
Factual Stipulations May Simplify Discovery, but Also Help Plaintiff Navigate Difficult Issues of Fact and Law
VLSI TECHNOLOGY LLC v. INTEL CORP. Before Moore, Chen, and Kleeh. Appeal from the United States District Court for the Northern District of California. Summary: The Federal Circuit reversed summary...
Implant Trade Secrets Are Not Protectable Due to Disclosure in Patents
INTERNATIONAL MEDICAL DEVICES, INC. v. CORNELL Before Dyk, Reyna, and Taranto. Appeal from the United States District Court for the Central District of California Summary: The Federal Circuit held under...
AI Is Going Nuclear: How Major Tech Companies Are Pursuing Nuclear Energy—And How Energy Startups Can Avoid Common Collaboration Pitfalls
Key Takeaways: As major technology companies turn to nuclear energy, early-stage nuclear companies may face heightened intellectual property (IP) risks due to asymmetric negotiations. Building and documenting strong background IP—and...
U.S. Issues Guidance for American Space Nuclear Power Initiative
Key Takeaways: A recently issued U.S. National Initiative encourages collaboration between the federal government and the private sector to accelerate the development and deployment of space-based nuclear power systems. Private...
Thaler v. Perlmutter: Human Authorship Remains a Cornerstone Requirement for Copyright Registration
Key Takeaway: The Supreme Court denied certiorari of the D.C. Circuit’s holding that works created entirely by autonomous AI systems are categorically ineligible for copyright under the Copyright Act. Thus, even...
