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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. Mangrove Partners Master Fund, No.

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

SpicyIP

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

Patent 52
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How does the USPTO Decide the Discretionary Aspect of Institution?

Patently-O

In the case of a discretionary denial, there is no harm to patentees because the proceeding ends and the patent rights are unaffected; the status quo is maintained. 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.

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

Patently-O

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. LEXIS 170087 (E.D.

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[Guest post] Closing the patent loophole across borders

The IPKat

Patents set themselves apart from other IP rights as inventions are often composed of multiple physical components or steps in a method, which does not necessarily have to exist or be performed at the same time and place. The traditional notion that patents are territorial rights is, however, under considerable stress.

Patent 84
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Journey Through “Marchs” on SpicyIP (2005 – Present)

SpicyIP

Without further ado, here’s what I found in the Marchs: Section 3(d), Patents, Policies, and Public Interest : Checking SpicyIP’s March pages, I chanced upon Prof. First thing first, what’s Sectio 3(d) of the Patent Act, 2000. There’s a reason why it’s only once in the life of Indian patent law that a CL was granted, check Prof.