As 2023 begins and intellectual property (IP) strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2022. According to many readers, hot IP topics included entity size at the USPTO, expert opinions, the ITC, artificial intelligence and machine learning, and institution of inter partes reviews (IPRs).
1. Determining Entity Status Before the United States and Patent Trademark Office (USPTO): Large, Small, or Micro? – This article explores the requirements and benefits of determining the correct entity size for U.S. patent applications.
2. Expert Patent Damages Opinions Hit the Spotlight as Federal Circuit Scuttles Two Patent Infringement Verdicts Worth $1.2 Billion in One Day – This article discusses Federal Circuit decisions that erased two huge patent damages awards because the underlying expert opinion on damages was untethered to the specific facts of each case. Read more