SpicyIP

NOVEMBER 30, 2024

Recently, the Indian Patent Office rejected a patent application by UPL Ltd. for lack of sufficient disclosure mandated under Section 10(4) of the Patents Act. In the context of this order, SpicyIP intern Deepali Vashist discusses the disclosure requirement under the Patents Act and what it means for the larger patent bargain.

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Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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SpicyIP

APRIL 30, 2024

Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. This post attempts to critically analyse the relevance of difference in the purported function of the invention and prior art to determine non-obviousness in identifying the inventive step.

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Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

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SpicyIP

NOVEMBER 30, 2024

The Controller of Patents, Kolkata, on 3 rd October, 2024, rejected the patent application for an HIV drug- Dolutegravir by VIIV Healthcare and Shionogi & Co. The different pre-grant oppositions contended that the claims failed the test of Section 3(d) of the Patents Act and ought to be rejected on this ground alone.

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The IPKat

OCTOBER 31, 2021

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. 437 (2007) where the Court refused to extend the U.S. In this guest post, he summarizes his main findings.

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Patently-O

MAY 4, 2022

398 (2007). The Intuitive Surgical patent is directed to a “method for performing robotic surgery.” In 2018, Intuitive Surgical sued Auris Health for patent infringement. I suggest the Auris Health majority departs from KSR by again drawing sharp lines rather than allowing for a functional, flexible analysis.

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The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). The dispute arose between HIP, Inc. (“HIP”)

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JD Supra Law

MARCH 27, 2024

The US Patent and Trademark Office (USPTO) recently updated its guidance for patent examiners and applicants in determining obviousness under 35 USC § 103, based on the US Supreme Court’s ruling in KSR Int’l Co. 550 US 398 (2007). Teleflex Inc., By: Morgan Lewis

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The IPKat

NOVEMBER 28, 2021

The recent decision of the English High Court in Bayer v Teva [2021] EWHC 2690 (Pat) is another example in which the UK courts have found a pharmaceutical invention to be the obvious outcome of routine drug development. The SPCs for the basic patent covering sorafenib expired earlier this year.

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Patently-O

FEBRUARY 27, 2024

While these new guidelines are not legally binding, they offer important insight into how the Office plans to apply an even more flexible approach to obviousness — something Director Vidal sees as mandated by the Supreme Court’s 2007 decision in KSR Int’l Co. 398 (2007). Teleflex Inc. , 2500 words). Read the Guidance Here.

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TorrentFreak

SEPTEMBER 2, 2021

This idea is supported by a new working paper published by the US Patent and Trademark Office (USPTO). Its introduction in 2001 was sudden, the technology is ideally suited for software piracy, and it wasn’t notably interrupted during the sample period which ends in 2007. Patent and Trademark Office. What About Revenue.

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Patently-O

MARCH 7, 2023

Going forward, a patentee might avoid this particular problem with some patent attorney tricks. patents assert priority to at least one prior patent application filing. In addition to the formal paperwork, the original application must sufficiently disclose the invention as claimed in the later patent.

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IP and Legal Filings

MARCH 27, 2024

ABSTRACT The legal dispute between Bajaj and TVS Motors centers around the alleged unauthorized use of the DTSi patent. Introduction The main emphasis of the case pertains to accusations of patent infringement made by the defendant, as well as the subsequent pursuit of damages. In year 2007 the plaintiffs (Bajaj Auto Ltd.)

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Patently-O

FEBRUARY 19, 2024

Vanda sued, but lost on obviousness grounds — with the court holding that the claimed combination was obvious because it was directed to a set of known elements and a person of ordinary skill would have a “reasonable expectation of success” in reaching the resulting invention. NAPP Amicus Brief. Greenwood , 52 U.S. (11

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Patently-O

NOVEMBER 30, 2021

November 30, 2021 ), the Federal Circuit has extended that metaphor and found Biogen’s patents invalid for lack of written description. held a bench trial and concluded that the asserted claims Biogen’s MS treatment-method patent invalid for lack of written description. ‘514 patent. Biogen’s U.S.

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Patently-O

APRIL 15, 2023

In 2007, UCB invented and marketed “original Neupro,” a transdermal patch for the treatment of Parkinson’s disease containing a dispersion of amorphous rotigotine and polyvinylpyrrolidone (PVP), with the PVP functioning as a stabilizer. The patent at issue in this case, U.S. market with its reformulated Neupro in 2012.

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Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

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The IPKat

FEBRUARY 21, 2023

Much of patent prosecution and opposition at the EPO is an advanced game of spot the difference. Subtle differences between the application as filed and the claimed subject matter can be fatal to a granted European patent. The patent was granted with a priority date of 28 Nov 2007.

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Patently-O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. Prior Patently-O Patent L.J.

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LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element. § 112(a)).

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The IPKat

AUGUST 16, 2021

Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London.

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Patently-O

JANUARY 23, 2024

Vanda Pharmaceuticals recently filed a petition for writ of certiorari , asking the Supreme Court to review a May 2023 decision by the Federal Circuit that invalidated claims from four Vanda patents covering methods of treating Non-24-Hour Sleep-Wake Disorder (“Non-24”) using the drug tasimelteon (Hetlioz). 398 (2007).

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SpicyIP

OCTOBER 30, 2023

Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. Background The dispute started off as a heated battle between the parties over the plaintiff’s ‘Liquid Heating Vessels’ patent, which the plaintiff claimed was used by the defendant in its electric kettles.

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Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. The crux of the issue lies in the manner patent law decisions are typically written. 398 (2007), overrule or abrogate In re Rosen, 673 F.2d The case under scrutiny is LKQ Corp. GM Global Tech , 21-2348 (Fed.

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Patently-O

DECEMBER 27, 2023

by Dennis Crouch In a non-precedential decision, the Federal Circuit has affirmed a set of PTAB decisions canceling the claims of four patents owned by Carucel Investments L.P. The affected Carucel patents include U.S. Patent Nos. Patent Nos. That focus of the invention was quickly scrapped – likely as impractical.

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Intepat

APRIL 20, 2022

Patentable requirements. To be granted a patent, an invention by the applicant must be novel, non-obvious, and such that it can be manufactured or used in industry. For instance, the European Patent Convention only demands the enablement requirement be fulfilled ( Article 83 ). . Indian Patent Position.

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Patently-O

MARCH 25, 2024

The case centers on the proper legal standard for determining when an invention is “obvious” and therefore unpatentable under 35 U.S.C. § Teleflex (2007) , the Supreme Court stated that a “combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.”

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LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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Patently-O

FEBRUARY 6, 2023

The utility patent at issue covers a petunia plant. WinGen first obtained a plant patent (PP23,232); followed by a utility patent that was filed as a continuation-in-part (US9313959). In that Motionless Keyboard , the alleged prior use involved displaying the invention (a keyboard). Microsoft Corp., 3d 1376 (Fed.

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Patently-O

FEBRUARY 16, 2023

by Dennis Crouch Bottom line in this new Minerva case — file your patent application before bringing a new product to a trade show. Minerva’s ‘208 patent claims a device for endometrial ablation and includes a 2011 priority filing date. 2007), the Federal Circuit seemed to have ruled that public use requires use.

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LexBlog IP

FEBRUARY 2, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Teleflex , 550 U.S. Hunter Mfg., 3d 1326, 1334 (Fed. In contrast to the Rosen/Durling Standard, the U.S.

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SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. She has been working in the field of access to medicines, patents and IP for more than a decade.

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IP Intelligence

AUGUST 31, 2021

Ironburg Inventions Ltd. , For patent challengers, the Wayback Machine is a useful tool for finding prior-art printed publications that potentially invalidate asserted patents. Ironburg Inventions, Ltd. , Other district courts, in patent and non-patent cases, have been slow to embrace the Wayback Machine.

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Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. 256 to correct inventorship on an issued patent. The district court agreed, finding their contributions were significant to the conception of the claimed invention.

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LexBlog IP

DECEMBER 12, 2022

a computer scientist) find it obvious to combine these common aspects to arrive at any given AI-based invention? The Patent Trial and Appeal Board recently answered “no” in its final written decision in Intel Corporation v. Patent-at-Issue. The subject patent, U.S. ” ’959 Patent, Abstract.

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The IPKat

SEPTEMBER 24, 2021

This undertaking obliges SEP owners to be prepared to licence their patents on Fair, Reasonable and Non-Discriminatory (FRAND) terms. 5 In 2007, Qualcomm told the U.S. The second question was subject to the CJEU referral in the Nokia v Daimler (see previous posts here ), but which has so far remained unanswered in Europe.

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