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...
Well-Known Genus, Novel Method: A Post-Amgen Framework for Written Description & Enablement
Key Takeaways: Recent Federal Circuit decision draws a meaningful distinction between patents that claim a broad genus as the invention itself and those that claim a novel therapeutic method using...
FDA Issues Recommendations for the Development of Individualized Therapies for Patients With Ultra-Rare Diseases
Key Takeaway: The FDA is developing a “plausible mechanism framework” to facilitate approval of individualized therapies for the treatment of rare genetic diseases that currently face approval challenges. As discussed previously...
No Do-Overs: Voluntary Dismissal Does Not Reset Deadline for Stay
ASCENDIS PHARMA A/S v. BIOMARIN PHARMACEUTICAL INC. Before Lourie, Chen, and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: A respondent in an...
Standing Still? Only if Injury-In-Fact Is Tied to the Claims at Issue
IRONSOURCE LTD. v. DIGITAL TURBINE, INC. Before Moore, Lourie, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: An appellant seeking to establish Article III standing based on...
Protaryx Receives FDA Approval for Transseptal Puncture Device
Protaryx Medical, a Maryland-based company dedicated to “minimally invasive left-heart interventional therapies,” announced that its Transseptal Puncture Device received 510(k) clearance from the FDA. Transseptal puncture is designed to enable access to...
