Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today we highlight:
- an article noting how “[s]everal U.S. senators expressed strong support at a hearing Tuesday for a bill aimed at expanding which inventions are eligible for patents, while others appeared to have reservations about the potential effect of the proposed changes on healthcare costs”;
- a blog post discussing how the Federal Circuit “reaffirmed its understanding that so-called ‘book of wisdom’ evidence can be used in estimating the hypothetical bargain the parties would have negotiated as of the date of infringement, but not to alter the terms of the bargain they would have struck in view of ex post evidence”;
- a blog post highlighting how a “unanimous opinion authored by Judge Hughes affirmed” fixing “the government’s liability for infringing . . . through a hypothetical negotiation rather than simply using the rates in the parties’ prior license”; and
- a blog post suggesting risk to patent rights created using artificial intelligence “almost never comes from the AI model’s involvement.”