Thought Leadership - Manatt, Phelps & Phillips, LLP

Will the Federal Circuit Bring the Hammer Down on Big Damages Claims?

On September 25, 2024, for only the second time since 2018, the U.S. Court of Appeals for the Federal Circuit granted a request for en banc review of a panel decision in a patent case.

New Guidance on Use of Artificial Intelligence-Based Tools in Practice Before USPTO

The United States Patent and Trademark Office (USPTO) published guidance on the use of artificial intelligence-based tools in patent practice to inform practitioners of important issues when using Artificial Intelligence (AI) in matters before the Patent Office.

Patent Trial and Appeal Board Publishes Updated Oral Hearing Guide

The Patent Trial and Appeal Board (Board) has published an updated Oral Hearing Guide to reflect current practice before the Board.

Discretionary Denial Requires Compelling Analysis Only After Fintiv Factors Support Denial

In Commscope Techs. LLC v. Dali Wireless, Inc.¹ the Director of the U.S. Patent Office issued a precedential decision that discretionary denial requires the Patent Trial and Appeal Board (PTAB) to perform the compelling merits analysis that at least one claim is unpatentable only after first determining that Fintiv factors 1–5 support denial of institution.

AI Implemented Invention Tips Following USPTO Guidance

The United States Patent and Trademark Office (USPTO) and the Court of Appeals for the Federal Circuit have both previously held that an artificial intelligence (AI) system cannot be a sole inventor on a patent application since each inventor must be a human being.

Double Trouble for Double Patenting or When Does My Patent Expire?

The Federal Circuit recently clarified the interplay between obvious-type double patenting (ODP) and patent term adjustments (PTA) granted pursuant to 35 U.S.C. § 154(b).

Manatt Client Hello Bello Partners with Play-Doh on a Children’s Potty Training Bundle

A Manatt team led by Christopher Chatham advised Hello Bello, a baby care startup co-founded by Kristen Bell and Dax Shepard, in its collaboration with Play-Doh to develop co-branded potty training pants and accompanying online resources for adults and kids.

California Employers Face Privacy Law Requirements

Following the failure of a measure that would have delayed effectiveness of the California Privacy Rights Act, employers in California now must comply with the state’s privacy law beginning January 1, 2023.

CA Fails to Extend Privacy Exemptions for B2B and Employment Data from the CCPA into 2023

Beginning on January 1, 2023, the California Consumer Privacy Act will apply to personal information collected by companies subject to the CCPA about their employees, job applications, and individuals at actual or prospective business customers, vendors, and suppliers.

New Class of Talent: NCAA NIL Changes and Implications for Brand, College and Athlete Stakeholders

The NCAA’s new NIL rules and state laws allow college athletes to profit from legitimate brand partnerships, opening opportunities for brands to engage fresh influencer talent and for college athletes to join the ranks of digital entrepreneurs.