Article · Intellectual Property

Pivotal Patent Decisions of Late 2024 and Their IP-Strategy Fallout

Type
Article
Jurisdiction
National
Date
2024-07-04
Topic
Intellectual Property

This UpLaw reference maps the patent decisions that reshaped IP strategy across late 2024 and into 2025, and translates each into concrete portfolio guidance. It explains the en banc Federal Circuit's overhaul of design-patent obviousness in LKQ v. GM, the § 289 total-profit remedy that keeps design patents dangerous, the full-scope enablement rule of Amgen v. Sanofi, and the durable Section 101 stalemate under Alice and Mayo. It reads Vidal v. Elster as a signal about how the current Supreme Court decides IP questions, tracks the USPTO's shifting guidance on AI eligibility and double patenting, and follows the volatile Fintiv discretionary-denial saga at the PTAB. It closes with the damages law's steady march toward apportionment, a docket-by-docket reader of the specific 2024 cases embodying these forces, and a strategic playbook for owners, challengers, and counsel. Throughout, it treats each development as a trajectory rather than a box score, flagging where the law has settled and where it is still moving.

Pivotal Patent Decisions of Late 2024 and Their IP-Strategy Fallout

Intellectual Property > Patent Litigation | Published 4 July 2024 - Updated 16 November 2024 | UpLaw - uplaw.us

A field guide to the patent decisions of late 2024 that changed how portfolios must be built, drafted, and defended - written for the inventor, the in-house strategist, the litigator, and the judge, with every term of art explained and every strategic consequence spelled out.

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