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Supreme Court on Patent Law: November 2023

Patently-O

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. 408, 417 (2005). See Artuz v.

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How does the USPTO Decide the Discretionary Aspect of Institution?

Patently-O

In the Fifth Circuit, the USPTO filed a motion to dismiss the appeal–arguing that the case arose under the patent laws and therefore should go to the Federal Circuit. Arising under the Patent Laws : A key underlying issue in the case is the extent that the patent laws require the USPTO to issue certain regulations.

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Patent Trolls: Navigating the Fine Line Between Innovation and Exploitation in India’s Legal Landscape

Intepat

Large firms sometimes monopolize obvious inventions, and in such cases, patent trolls can help small businesses fight back. Patent trolls acquire patents from smaller entities and use their resources to challenge patent infringements committed by larger corporations.

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Covenant to not sue “at any time” terminated with the license agreement

Patently-O

Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” And, even though the subject matter of the lawsuit is a patent license, that sort of case is ordinarily not seen as “arising under” the U.S.

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[Guest post] Closing the patent loophole across borders

The IPKat

Some courts in the United States have persisted, even if inconsistently, in refusing to find for infringement when infringing activities that fall under patent claims have been geographically divided. At the end of the day, whether a particular conduct falls under a particular patent claim or not is a technical test.

Patent 84
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Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

SpicyIP

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. This commercial information is invaluable to the Patent Controller in compulsory licencing proceedings.

Patent 52
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Guest Post by Prof. Contreras: HTC v. Ericsson – Ladies and Gentlemen, The Fifth Circuit Doesn’t Know What FRAND Means Either

Patently-O

In 2005 HTC released the world’s first Windows 3G smartphone (the clamshell HTC Universal) and followed in 2008 with the first smartphone running Google’s Android operating system (branded as the T-Mobile G1). However, this case did not sound in patent infringement, but in breach of contract. Background. Apportionment.