It is well-established that the availability of a prior art reference is dependent on the "effective filing date" of a patent or patent application. Any practitioner seeking to invalidate a patent knows that the ideal references used both for prior art and for demonstrating the knowledge of a POSITA will have been made public before the effective filing date of the patent in question.
However, there is yet a question of whether references filed before but published after a patent's priority date can be used to show what would be known by a POSITA at the time of invention. In a recent decision in the Northern District of West Virginia, Chief Judge Thomas discussed exactly this issue when denying a Motion for Preliminary Injunction.
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Third Quarter 2024 Federal Circuit Law Update
Since serving as a Federal Circuit clerk, Michael Hawes has monitored that court's precedential opinions and prepares a deeply outlined index by subject matter (invalidity, infringement, claim construction, etc.) of relevant legal points - in order to assist clients seeking to identify recent law relevant to a particular problem.
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Baker Botts Named Intellectual Property Litigation Department of The Year by Texas Lawyer
Baker Botts is thrilled to be named the "Intellectual Property Department of the Year" by Texas Lawyer! Our case highlights over the past year include $1 billion in IP verdicts. Baker Botts was chosen among three finalists at ALM's Texas Legal Awards.
With sincere appreciation, we want to thank you for supporting our lawyers and trusting the Baker Botts team with your legal matters.
To see the full list of our Texas Intellectual Property partners, click here.
Rachael Lamkin Named to List of "Women Tech Law Winners" for Intellectual Property
Partner Rachael Lamkin was recognized by the California Legal Awards as a visionary Women Leader at the forefront of tech law at the award ceremony held October 15th in Los Angeles. The awards celebrate the achievements of lawyers and companies leading technology, innovation and the profession as a whole.
This Month: Our Take on AI
BIS Proposes Reporting Requirements for Advanced AI Models and Computing Clusters: The Department of Commerce's Bureau of Industry and Security (BIS) has issued a proposed rule requiring developers and owners of advanced AI models and large computing clusters to submit detailed quarterly reports to the federal government. These reports would cover developmental activities, cybersecurity measures, and outcomes from red-teaming efforts involving these models and clusters. This move follows Executive Order 14110, aiming to monitor dual-use AI technologies under the Defense Production Act. Comments on the proposed rule are open until October 11, 2024. Matthew West provides an analysis of this development here: "U.S. Government Proposes Reporting Requirements on the Development, Acquisition or Possession of Advanced AI Models and Large Computing Clusters."
OMB Issues New Guidance on AI Acquisition in the Federal Government: The Office of Management and Budget (OMB) released Memorandum M-24-18, setting new requirements for federal agencies on the responsible acquisition of AI technologies. The memorandum emphasizes cross-functional collaboration, managing AI risks and performance, and promoting a competitive AI marketplace. It builds on previous efforts like the Advancing American AI Act and Executive Order 14110, aiming to modernize government operations while mitigating potential risks associated with AI. A discussion of this guidance can be found here: "OMB Issues New Guidance on Acquisition of AI in the Federal Government."
To read more on our Team's insights on AI and the impact on our world, click here.
October 2024 Intellectual Property Report Recap
In case you missed it, here is a video recap of our September 2024 Intellectual Property Report that looked at:
- Developing IP Issues in Energy Technology and Renewables
- Surging Ex Parte Reexamination Filings Expected To Increase by 40%
- This Month: Our Take on A
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