Blogs

At the end of October, the U.S. Patent Trial and Appeal Board (“PTAB”) issued a final written decision in PGR2023-00023, finding all claims of a patent owned by Halliburton Energy Services unpatentable under 35 U.S.C. § 101. Profrac Holding Corp and U.S. Well Services, LLC filed a petition for post grant review of all claims... Continue Reading

The Promoting and Respecting Economically Vital American Innovation Leadership (PREVAIL) Act was introduced on June 22, 2023, with the aim to reform the U.S. Patent Trial and Appeal Board (PTAB).  The PREVAIL Act serves as a supplement to the proposed STRONGER Patents Act, introduced in 2019. The drafters have identified three key goals of the... Continue Reading

The food tech industry has grown rapidly in the last ten years due to innovations in the alternative animal product space and a growing customer desire for more sustainable options.[1] With this rapid growth and an increasing number of entrants to the field comes an increased likelihood of intellectual property clashes. In this article, we... Continue Reading

On December 3, 2024, Bristol Myers Squibb announced a collaboration agreement with three-year-old startup AI Proteins.[1] According to its founder, Chris Bahl, PhD, AI Proteins uses “AI, synthetic biology, and laboratory automation to rapidly design and optimize novel miniproteins with ideal drug-like properties.”[2] The end goal of this collaboration is likely biologic products incorporating AI-generated... Continue Reading

The Federal Circuit heard oral argument on November 8, 2024, grappling with the issue of what patent claims may properly be listed in the Orange Book. In late 2023, Teva filed a complaint for patent infringement in response to Amneal’s ANDA filing seeking to make and sell a generic version of ProAir HFA (albuterol sulfate)... Continue Reading

As a firm responsible for managing global portfolios for pharmaceutical companies, we closely follow and seek to stay abreast of developments regarding patentability in various jurisdictions.  We recently reviewed the Unified Patent Court (UPC) first decision – invalidating EP Patent No. 3,666,797 B1 – and provided a summary of that case. This analysis will focus... Continue Reading

It is fairly standard language in privacy policies: “This privacy policy may be amended or updated from time to time, so please check back regularly for updates.”  It sends the message that the company can change its data practices and policies without ever notifying the end-user. It tells the end-user that the burden is on them... Continue Reading

On Oct. 30, President Joe Biden issued an executive order on safe, secure and trustworthy artificial intelligence.[1] The executive order provides a sprawling list of directives aimed at establishing standards for AI safety and security and protecting privacy. While the executive order acknowledges the executive branch’s lack of authority for any lawmaking or rulemaking, AI... Continue Reading

Following its many warnings of impending enforcement action against entities providing Artificial Intelligence (“AI”) products, the FTC has officially launched an investigation into OpenAI[1]. The FTC initiates its investigation on the heels of the Center for AI and Digital Policy’s July 10, 2023 supplement to its March 30, 2023 complaint, which requests that the FTC... Continue Reading

As an update to our post on the Corporate Transparency Act, on December 3, 2024, a federal district court issued a nationwide preliminary injunction pertaining to the Corporate Transparency Act in Texas Top Cop Shop, Inc. v. Garland. In its ruling, the court stated that “reporting companies need not comply with the CTA’s January 1,... Continue Reading

The United States Patent and Trademark Office (USPTO) announced today the finalized fee increases taking effect on January 19, 2025. While applicants can still expect significant increases in certain areas, some proposed fee increases were not implemented following pushback from public commentators. One notable example relates to terminal disclaimers. The USPTO had proposed a tiered... Continue Reading

The utilization of artificial intelligence (“AI”) is becoming ubiquitous across a wide range of industry sectors. The biotech industry is no exception. AI-driven platforms have become increasingly useful to biotech innovators in many areas including in discovering and developing drugs. For example, a 2022 article by McKinsey & Company estimated that nearly 270 companies have... Continue Reading

The Hook ’em Horns of the University of Texas earned a big win in a recent trademark opposition proceeding.  This is an interesting sports trademark case. The case, the Board of Regents of the University of Texas v. Kendall A. Beaver, was brought by UT against the owner of the following trademark application: The Applicant’s...

A trademark registration for the mark PROHEAR for audio headphones and related goods has been cancelled based on a likelihood of confusion with the mark PROTEAR for similar goods.   The trademark cancellation proceeding was filed and decided before the U.S. Trademark Trial and Appeal Board. The case, Hangzhou Zhaohu Technology Co., Ltd. v. Hangzhou Johnson...

A recent trademark opposition is a lesson in how to properly establish a likelihood of confusion for apparel goods. In Roots Corporation v. Colorful Roots LLC, the Opposer, Roots Corporation, relied on several of its trademark registrations of ROOTS and its derivatives.  The “Roots” Marks, for various apparel items and related accessories in Class 25,...

The SelectUSA Canada conference brings together Canadian investors and U.S. market entry leaders to discuss opportunities and services available to Canadian companies planning to expand in the United States. Rothwell Figg’s Fedtrade® U.S. Market Entry team recently attended the 2024 SelectUSA Canada Conference in Toronto, an annual event that provides a forum for Canadian companies... Continue Reading

America’s Seed Fund is coordinated by the Small Business Administration and funded through 11 participating federal agencies that fund innovations. America’s Seed Fund has two programs: Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR). Both programs award non-dilutive funding to qualified recipients to develop their technology and chart a path toward commercialization.... Continue Reading

Critical and Emerging Technologies (CET) are of vital importance to the U.S. government. Therefore, it has made CET funding and support a top priority. The U.S. National Security Strategy identifies expanding economic prosperity and opportunity as one of three primary goals. The following critical and emerging technology areas are deemed of critical importance to U.S.... Continue Reading