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PTAB Rejects AI-Driven Medical Patent – Not for Novelty, But Eligibility

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  • 2025-05-22 05:35 event
  • 2 days ago schedule
In a recent decision with important implications for artificial intelligence (AI) driven innovation, the Patent Trial and Appeal Board (PTAB) denied a patent for an AI-based medical tool.[1] The refusal was not because the invention was not new or inventive. Rather, the refusal was because the invention did not meet a fundamental rule of U.S. patent law. In Ex parte Michalek, the PTAB specifically acknowledged that the patent claims at issue recited new information about the nexus between certain biomarkers and the development of lung cancer as facilitated by machine learning. In fact, prior to appeal, the applicant had successfully refuted all arguments raised by the patent examiner that the invention was not new or nonobvious. That said, based on U.S. Patent Office guidance and a related example from that guidance, the PTAB still determined the claims were flawed based on the legal principle of subject matter eligibility. Although the facts in this decision concern…

17. From police powers to pork: Supreme Court faces broad range of new relists

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The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here. There are 102 petitions and applications on the Supreme Court’s docket for this week’s conference. After several months of relisting cases at a slow rate, the court has picked up the pace: There are six newly relisted cases this week covering a wide range of subjects. Another commerce clause challenge to California’s Proposition 12 For the second time in as many years, the Supreme Court is once again considering a challenge to California’s Proposition 12, a voter-approved measure banning the in-state sale of pork from pigs confined in ways deemed cruel, such as cages denying them at least 24 square feet of space or the ability to turn around. In Iowa Pork Producers Association v. Bonta, pork producers argue that Proposition 12 violates the dormant commerce clause…

18. Cadwalader Thinks It’s Outsmarted Trump On Their Pro Bono Tithe. We’ll See About That.

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There’s been a lot of talk (Opens in a new window)in Biglaw circles about what, exactly, the nine firms that bent a knee (Opens in a new window)to Donald Trump — and promised nearly a billion dollars in pro bono services — will have to do in order to earn their peace(Opens in a new window) with the administration. Because the terms of the deals are constantly changing — much like Lando Calrissian’s deal with Darth Vader(Opens in a new window). MAGA types are already crowing(Opens in a new window) about how they’ll force the firms(Opens in a new window) in question to do their legal bidding: working on coal leases, negotiating trade deals, and defending police brutality cases are all on the table and probably not at all what the firms thought they’d be doing when they made the agreement.Some firms have tried to set boundaries (Opens in a new window)on the work they’ll do on behalf of Trump (we’ll see how that pans out for…

19. Guest Post: Litigation Finance (Litigation Funding)

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Sarah AbramsLitigation funding as a topic has been around for years, but it recently has been back in the headlines of the business pages. In light of the recent renewed focus on litigation funding, Sarah Abrams, Head of Claims Baleen Specialty, a division of Bowhead Specialty, explores the background regarding litigation finance and considers the implications for D&O insurers. I would like to thank Sarah for allowing me to publish her article as a guest post on this site. I welcome guest post submissions from responsible authors on topics of interest for this site’s readers. Please contact me directly if you would like to submit a guest post. Here is Sarah’s article. ***************** There has been significant press surrounding litigation finance as of late.  Particularly, litigation finance has been identified as causing a marked increase in lawsuits filed and increases in settlements in jury verdicts. To such an extent that a number of states…

20. Meet Abby Akins: Summer Law Clerk and Newest Member of the Vann Attorneys Team

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Meet Abby Akins: Summer Law Clerk and Newest Member of the Vann Attorneys TeamBy Vann Attorneys, PLLCA North Carolina Law FirmWe’re excited to welcome Abby Akins to Vann Attorneys as our Summer Law Clerk! Abby joins us from Campbell University School of Law, where she’s wrapping up her 1L year. Originally from Holly Springs, she earned her B.A. in History at UNC Chapel Hill—making her the only Tar Heel in a family full of mostly NC State fans (we won’t hold that against her). When asked what drew her to Vann Attorneys, Abby said it was the chance to get hands-on experience in a variety of legal areas and work closely with attorneys who value mentorship. She’s jumping into everything with energy and curiosity, and we’re thrilled to have her here. Abby’s already shown a natural ability for connecting with people. Her previous internships in government and public service gave her a front-row seat to the importance of serving the local…

21. New Issue: Journal of International Humanitarian Legal Studies

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The latest issue of the Journal of International Humanitarian Legal Studies (Vol. 16, no. 1, 2025) is out. Contents include:Articles Aneta Peretko, States of Silence: The Growing Influence of Human Rights Courts in Interpreting International Humanitarian Law in the Absence of Opinio Juris Samuel Hartridge & Brendan Walker-Munro, Autonomous Weapons Systems and the ai Alignment Problem Mohammed R. M. Elshobake & Alaa Sakka, Forced Returns and Fragile LivesStrategies for Safeguarding Syrian Refugees and Ensuring Their Protection Caroline Sweeney, The International Response to the Humanitarian Crisis in Syria: A Socio Legal Critique Pratik Purswani & Adithi Rajesh, Beyond Bombs and Bullets: Natural Resource Management in the Indo-Naxalite Non-International Armed Conflict J. P. Vallejo, Manipur: a Genocide?      

22. Fatal Child Bicycle Accident, Hospitalized After Being Struck by Vehicle in Oakland

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A child bicycle accident in Oakland has left a young child hospitalized with severe head trauma. The collision on Monday, May 19, 2025, has raised renewed concerns about bicycle safety in the Oakland area, particularly for vulnerable young riders. Details of the Oakland Bicycle Accident According to fire department officials, the incident occurred at approximately 4:00 p.m. on Monday afternoon at the intersection of Nicol and Coolidge avenues in Oakland. Emergency crews promptly responded to the scene and transported the injured child to a nearby hospital for urgent medical care. The child sustained severe head trauma in the collision, though authorities have not yet released specific details about their current condition. It remains unclear whether the driver involved in the accident remained at the scene or if they are cooperating with the ongoing investigation. Understanding Bicycle Accident Risks for Children Children are particularly vulnerable to bicycle accidents due to…

23. In the Quest for a Draft of a Legally Binding International Instrument to Reguæate Business and Human Rights: Second and third thematic consultations (3-5 June 2025)

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 Pix credit hereOn the basis of Resolution 26/9 (2014), the Human Rights Council established an open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights. The mandate for the OEIGWG, buttressed by a cohesive and like minded group of supporters, was to elaborate an "international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises." This OEIGWG has sought to do with great vigor, in the process putting together an international network of people who, believing the necessity for legalizing a system of public mandatory human rights due diligence systems, have labored for more than a decade to produce a draft of something that appeals to them and their supporters. Having come close to something that appears to have the characteristics of a finalized draft, the OEIGWG has been engaged through a…

24. Multi-Vehicle Collision Causes Major Delays on US-101 in Mountain View

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  • andersonfranco.com language

A significant traffic collision involving multiple vehicles occurred on northbound US-101 just south of Moffett Boulevard in Mountain View on May 21, 2025, at approximately 2:34 PM. The crash involved a white box truck, a gray Tesla Model Y, a Toyota Tacoma, and another sedan, resulting in the blockage of lanes 1, 2, and 3. Emergency services were promptly dispatched to the scene to manage the situation and assist those involved. The collision led to a SigAlert being issued, with lanes 1 and 2 remaining blocked for an extended period, causing substantial traffic delays in the area. The box truck, which was carrying construction debris, sustained major front-end damage, while the other vehicles also suffered significant damage. Tow services were called to clear the vehicles from the roadway, and efforts were made to move the vehicles out of the lanes to alleviate traffic congestion. Motorists are advised to expect delays and consider alternate routes while the cleanup and…

25. When Work Becomes a Family Affair

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At first, it sounds like a dream: hiring your cousin to help with marketing, bringing your sister on as a partner, or giving your son-in-law a “small stake” in the business. It feels easy, natural, and trust-based. But working with family without clear documentation can turn a warm gesture into a legal headache. Here’s why: Misaligned Expectations Relatives might (wrongfully?) assume the workplace rules don’t apply to or that they’ll be taken care of long-term. But without a written agreement covering responsibilities, pay, equity, and termination or severance provisions, those assumptions can turn into full-blown disputes. And yes, they can sue you, even if you’re related. The Lines Between “Employee” and “Contractor” Get Blurry When a relative starts helping out, it’s easy to start casually and think that you’ll figure it out as you go along. Maybe they start as a contractor and if…

26. PTAB Rejects AI-Driven Medical Patent – Not for Novelty, But Eligibility

  • 2 days ago schedule
  • intellectualpropertylawblog.com language

In a recent decision with important implications for artificial intelligence (AI) driven innovation, the Patent Trial and Appeal Board (PTAB) denied a patent for an AI-based medical tool.[1] The refusal was not because the invention was not new or inventive. Rather, the refusal was because the invention did not meet a fundamental rule of U.S. patent law. In Ex parte Michalek, the PTAB specifically acknowledged that the patent claims at issue recited new information about the nexus between certain biomarkers and the development of lung cancer as facilitated by machine learning. In fact, prior to appeal, the applicant had successfully refuted all arguments raised by the patent examiner that the invention was not new or nonobvious. That said, based on U.S. Patent Office guidance and a related example from that guidance, the PTAB still determined the claims were flawed based on the legal principle of subject matter eligibility. Although the facts in this decision concern…

27. Who Has to Register as a Sex Offender in North Carolina—and for How Long?

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  • carolinaattorneys.com language

In North Carolina, the legal obligation to register as a sex offender does not apply to every offense that involves sexual behavior. Instead, the state defines a specific group of criminal convictions, called “reportable convictions,” that trigger mandatory registration. Understanding who must register, how the law defines qualifying offenses, and how long those obligations last is essential for anyone facing charges that might carry these consequences. This post explains the legal framework for sex offender registration in North Carolina, including how reportable convictions are defined, how aggravated status or recidivism affects the rules, and how long a person remains on the registry after registration. It also addresses related factors such as offense dates, eligibility for termination, and legal distinctions between standard and aggravated registration programs. If you’re facing serious criminal charges in Mecklenburg, Union, Iredell, Gaston, or Lincoln…

28. Regulation of Legal Services (Scotland) Bill Passed

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  • thetimeblawg.com language

The Regulation of Legal Services (Scotland) Bill was passed by the Scottish Parliament yesterday, 20 May 2025. This was following a raft of amendments being tabled at stage 3. The Law Society of Scotland issued the following statement yesterday: A decade of campaigning by the Law Society of Scotland has resulted in new legislation that... The post Regulation of Legal Services (Scotland) Bill Passed appeared first on The Time Blawg.

29. Religious Exemptions?: What the Free Exercise Clause Means

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  • law.stanford.edu language

(Originally published by Civitas Institute on April 28, 2025) Stanford Law Professor Michael McConnellWhat is the original meaning of the Free Exercise Clause? Does that original meaning support religious exemptions from generally applicable laws? Click here to download this white paper as a PDF. Three scholars who work on religious liberty issues share their electronic conversation on the topic. Michael McConnell, a former judge of the United States Court of Appeals for the Tenth Circuit, has argued for many years and with significant influence that the First Amendment’s original meaning sometimes requires religious exemptions. Vincent Phillip Muñoz, a non-resident senior fellow at Civitas and professor at the University of Notre Dame, has challenged the claim of religious exemptions on originalist grounds. ‍Andrew Koppelman—professor of law, political science, and philosophy at Northwestern University—has argued for religious exemptions on…

30. Ed Martin Pledges To Use DOJ To Harass People He Can’t Actually Prosecute

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The good news is that Ed Martin will not be the U.S. Attorney for the District of Columbia. In the end, even Republicans in the Senate had too many misgivings to hand one of the most powerful roles within the Department of Justice to a January 6 wingnut. The bad news is that the same administration that invented DOGE so they could install an idiot man-child over the entire executive branch has already worked out how to invest power in their unconfirmable stooges and shunted Martin off to the — on paper — more humble role as head of the DOJ’s “Weaponization Working Group.” Much like the Musk situation, Martin might well prove more damaging in this role. For those who have always wondered: “What if we turned the Justice Department over to a 4Chan troll?” Martin delivers, having gone on record that, when he can’t prosecute the president’s political enemies — because they’ve actually committed no crimes —…

31. The 100 Days That Put the Nail in the Coffin of Administrative Law, by Seth Frotman & Brad Lipton

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  • yalejreg.com language

It is clear now how the Trump Administration plans to handle what remains of modern administrative law while advancing its agenda. The plan is to break it. Just look at the Administration’s conduct over its first 100 days. Wacky executive orders that are no less dangerous for becoming instantly infamous. Abuses of interim final rules, direct final rules, and “good cause” rulemaking. Changing compliance dates without rulemakings. Collusive litigation. Claims that huge swathes of law simply do not apply to the Administration’s plans. And on, and on, and on. In light of everything we’ve seen, it is clear what the endgame is: break the law enough times and in enough ways that an outgunned band of attorneys general, private litigants, and nonprofits can do only so much in response. People who represent everyday Americans, not oligarchs, have finite resources and face standing and other doctrines that limit our ability to stop the deluge. At the…

32. Alignment: Self-Care That Reflects Your Values And Goals

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  • abovethelaw.com language

Ed. note: This is the latest installment in a series of posts on motherhood in the legal profession, in partnership with our friends at MothersEsquire. Welcome Sonya L. Sigler back to our pages. Click here if you’d like to donate to MothersEsquire. As I reflected upon in my last article, for a long time, I thought self-care meant squeezing in activities that made me feel better — like reading, knitting, or the occasional kick-boxing class. And while those activities do matter for my self-care, I eventually realized something deeper: True self-care is about alignment. It’s about designing a life that actually reflects what matters most to you — not what looks good on paper. Not what others expect, but what you value at your core. In the first two articles of this series, we explored the importance of noticing your energy — what fuels you and what drains you — and the critical mindshift from external expectations to…

33. [Ilya Somin] Upcoming Speaking Engagements

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  • reason.com language

[Ilya Somin's upcoming speaking engagements.] (NA)I have been remiss this semester in failing to post my usual list of upcoming speaking engagements. However, I do have some coming up in the next several weeks that I would like to list for interested readers. Unless otherwise noted, all are in person and open to the public.  I may update this post with additional events. Below, I also note some information on earlier engagements for which video or audio is available. May 27, 12-1:00 PM, Cato Institute, Washington, DC: "Tariffs, Emergencies, and Presidential Power." (panel with Cato Institute scholar Walter Olson). Virtual event. Free registration available here. May 31, 3-4 PM, Pruyne Lecture Hall, Fayerweather Hall, Amherst College, Amherst, MA: "Challenges Facing American Democracy." This event is primarily for Amherst College alumni, students, and employees (part of Amherst's 2025 alumni reunion activities). But I think members of the…

34. Stanford’s Michael McConnell on Trump Tariffs

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  • law.stanford.edu language

As of this writing, seven lawsuits have been filed challenging the legality of President Trump’s unilateral imposition of tariffs. The briefing is farthest along in V.O.S. Selections, Inc. v. Trump, pending in the Court of International Trade. That court has scheduled a hearing for May 13 on all pending motions, including a motion for a preliminary injunction. Appeals from the Court of International Trade go to the Federal Circuit. Arguably, of all the cases challenging Trump administration actions, the tariff cases have the greatest consequence for the national economy as well as the division of authority between Congress and the Executive. Stanford Law Professor Michael McConnellBoth sides agree that the President has no inherent constitutional authority to set tariffs. President Trump’s power, if it exists, must come from statute. The government relies on the International Emergency Economic Powers Act of 1977 (IEEPA). IEEPA gives the President power to take…

35. Hasday on Accuracy and Robot Judges

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Michael Hasday (Benjamin L. Crump College of Law at St. Thomas University) has posted Accuracy and the Robot Judge (25 J. App. Prac. & Process 1 (2025)) on SSRN. Here is the abstract: How can it be shown that AI-powered robot judges are more accurate than human judges? Some commentators believe that legal decision making is too indeterminate for this to be demonstrated. Even commentators who believe that this might be possible do not indicate precisely how this might be done. This article provides possible answers to this question, which to my knowledge has not been directly addressed in the burgeoning robot judge literature. I contend that there are three broad paths through which robot judges can potentially demonstrate superior accuracy over their human counterparts: the consensus path, the comparison path, and the process path. Recommended!

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