The IPKat

MARCH 2, 2022

He is the author of over 60 publications on intellectual property law and is co-editor of the Research Handbook on Intellectual Property and the Life Sciences. and international patent law to postgraduate law students and he is an expert on the patent provisions of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights.

Intellectual Property 95

Intellectual Property Intellectual Property Law IP Patent Law 95

Patently-O

JANUARY 10, 2023

Read : David Boundy, What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate , 2023 Patently-O Patent Law Journal 1 (2023) ( Boundy.2021.HowToUseGuidance Prior Patently-O Patent L.J. Pre-AIAPatents ).

Journalism 56

Journalism Trademark Patent Patent Law 56

Patently-O

JANUARY 11, 2022

Teleflex (2007). The Supreme Court explained that a collection of known elements cannot be patented unless “the whole in some way exceeds the sum of its parts” — something that is usually not the case in mechanics. The Supreme Court confirmed that the patent laws did not create Federal Jurisdiction for the case.

Patent 131

Patent Invention Art Patent Infringement 131

The IP Law Blog

NOVEMBER 9, 2023

In 2007, as part of Hormel’s quest to improve its process for creating precooked bacon pieces, Hormel met with David Howard and others from Unitherm to discuss processes and Unitherm’s cooking equipment. This layer of fat prevents condensation from washing away the flavor from the bacon.

Inventor 110

Inventor Invention Art Patent 110

SpicyIP

SEPTEMBER 27, 2023

And more recently, Lokesh covered the whole rise and fall of the earlier Public Funded Research and Development (Protection, Utilisation and Regulation of Intellectual Property) Bill, 2007 (PUPFIP) – that gives some good background context, including that there’s been nearly no development on this front for a decade.

Intellectual Property 111

Intellectual Property Licensing IP Reporting 111

Patently-O

JANUARY 23, 2024

398 (2007). The Supreme Court has not addressed obviousness standards since its 2007 decision in KSR. Although obviousness has long been the central feature of patent prosecution, it has seen a tremendous resurgence in US patent law over the past decade. Teleflex, Inc.,

Art 81

Art Invention Patent Prosecution Patent 81

Patently-O

FEBRUARY 1, 2022

See Crouch, Rounding Errors in Patent Law , Patently-O (Dec 8, 2021). 2007) and Viskase Corp. AZ’s patent claim is directed to formulation that includes “0.001%” PVP K25. Now Astrazeneca has petitioned for en banc reconsideration–seeking “consistent precedent regarding significant digits.”

Patent Prosecution 78

Patent Prosecution Patent Patent Law Law 78

IP and Legal Filings

MARCH 27, 2024

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.) of violating their patents related to the development of “enhanced internal combustion engine technology”. 1903 RPC 225.

Invention 89

Invention Patent Patent Infringement Technology 89

SpicyIP

OCTOBER 30, 2023

A legal notice had been issued to the defendant on September 27, 2007 and this was subsequently followed by an interim injunction on September 10, 2009. Using this basis for 2 years (2007-09), it arrived at a total amount of INR 5 crores of the kettle (with the suit patent) sold.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

The IP Law Blog

FEBRUARY 2, 2023

Second, they must be nonobvious over the prior art (similar inventions that existed before the patent application was filed and are known to the public). 20, 2023), the Federal Circuit Court of Appeals clarified that a key Supreme Court case decided in 2007, KSR International Co. Recently, in LKQ Corp. Telflex, Inc.,

Design Patent 98

Design Patent Design Designs Patent 98

Patently-O

MAY 21, 2024

Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § 103 “applies to all types of patents” and the text does not “differentiate” between design and utility patents.

Design Patent 119

Design Patent Design Designs Patent 119

IP Intelligence

MARCH 7, 2022

application; and (d) “relevant and not related to unique aspects of foreign patent law.”[xi]. The EPC description amendment requirement is admittedly “related to unique aspects of foreign patent law” because no equivalent requirement is found in the U.S. patent laws. Shoketsu Kinzoku Kogyo Kabushiki Co. ,

Patent Law 52

Patent Law Invention Patent Application Art 52

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 GM Global Tech , 21-2348 (Fed. Does KSR International Co.

Design Patent 64

Design Patent Design Designs Patent 64

The IPKat

OCTOBER 31, 2021

437 (2007) where the Court refused to extend the U.S. Patent Act extraterritorially based on the presumption that federal statutes, including patent statutes, shall not extend to acts occurring abroad. This has more recently been reaffirmed by the United States Supreme Court in Deepsouth Packing Co. Laitram Corp , 406 U.S.

Patent 86

Patent Invention Intellectual Property Law Intellectual Property 86

Patently-O

MARCH 18, 2024

Here, the acts associated with co-inventorship occurred back in 2007. The Patent Act includes a 6-year statute of limitations, but as written it only applies to cut-off recovery for patent infringement — and does not apply to lawsuits to correct inventorship. The plaintiffs filed their lawsuit in 2019. 663 (2014).

Patent 59

Patent Inventor Patent Infringement Design 59

The IPKat

AUGUST 4, 2023

AI Kat A critical question in European patent law is therefore the evidence and disclosure requirement for a purported technical effect. The Board of Appeal found the claim to lack inventive step in view of the closest prior art, US 2007/0270774. G 2/21 and its interpretation: Beyond biotech?

Invention 98

Invention Art Patent Reporting 98

The IPKat

AUGUST 16, 2021

Violation of the exclusive right of the patentee includes any unauthorised method of introducing into civil circulation a product made using a patented utility model. In 2007, another startup, Zimride, was launched in the United States. Zingo automatically searched for the nearest taxi driver for the passenger.

Patent Troll 86

Patent Troll Marketing Marketing Patent 86

Patently-O

APRIL 16, 2024

Vanda Pharmaceuticals, which describes itself as a pharmaceutical company that “specializes in acquiring compounds that other companies failed to develop into a useful treatment and, through costly and time-consuming clinical studies, finding novel uses for them in treating patients,” filed an amicus curiae brief with the Federal Circuit in support (..)

Art 75

Art Patent Journalism Publishing 75

Patently-O

OCTOBER 6, 2023

US patent law has a long history of debate with regard to combination claims, with the Supreme Court’s most recent pronouncement in KSR reaffirming its old pronouncement that a combination of known elements is likely obvious absent some justification for deciding otherwise. 398 (2007). [I]f KSR Int’l Co.

Art 64

Art Invention Patent Patent Application 64

SpicyIP

APRIL 7, 2024

Some experts suggest that the 2014 ruling aligns Section 8 more closely with the ‘Inequitable conduct’ defence in US patent law, due to its similarities in jurisprudence. India-EFTA and Patent rules : How it hurts Section 8.

Patent 72

Patent Patent Application Intellectual Property Law 72

Patently-O

MAY 11, 2023

The “analogous arts” test is used in patent law to determine whether a particular reference is relevant for the purposes of an obviousness analysis. 2004) In its 2007 KSR v. By Chris Holman Sanofi-Aventis Deutschland GMBH v. Mylan Pharms Inc. 2023 WL 3311549, — F.4th 4th — (Fed. May 9, 2023).

Art 45

Art Patent Invention Inventor 45

Patently-O

MARCH 28, 2024

The Motivation to Combine: In patent law, the “motivation to combine” doctrine plays a central role in determining whether a claimed invention is obvious under our guiding statute, 35 U.S.C. § But it appears he didn’t have much familiarity with patent law, for sure, or with these patents, based on his deposition.

Art 59

Art Invention Patent Patent Law 59

Patently-O

MARCH 19, 2024

Obviousness is the central patent law concept and is usually the determining doctrine on whether an invention is patentable over the prior art. TCT Mobile and others petitioned for IPR, asserting that the challenged claims were obvious based on various combinations of prior art, including Samsung and Dahlman. See Pfizer, Inc.

Art 45

Art Invention Patent Patent Law 45

LexBlog IP

NOVEMBER 9, 2023

In 2007, as part of Hormel’s quest to improve its process for creating precooked bacon pieces, Hormel met with David Howard and others from Unitherm to discuss processes and Unitherm’s cooking equipment. This layer of fat prevents condensation from washing away the flavor from the bacon. ” On November 6, 2023, the U.S.

Inventor 52

Inventor Invention Art Patent 52

IIPRD

FEBRUARY 16, 2024

As trade secrets do not provide you with the inherent rights of innovations like patents do, they pose a considerable risk for IP leaks as the information could be lost or stolen. The most popular is the ‘ Spygate ‘ (2007). 18, Harvard Journal of Law & Technology.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

The IPKat

NOVEMBER 29, 2021

In 1990, Dr Llewelyn was appointed to a lectureship at the University of Central Lancashire, at Preston, which was followed in 1993 by a move to the University of Sheffield, initially as a ‘Common Law Institute for Intellectual Property (CLIP) Lecturer in Intellectual Property.’

Intellectual Property 80

Intellectual Property Intellectual Property Law IP Law 80

LexBlog IP

AUGUST 28, 2023

In view of this ruling, patent practitioners should endeavor to explain sufficiently in the written description the specific aspects of how machine learning features (and other computer-implemented invention features) operate in order to demonstrate sufficient enablement. Patent Law (specifically 35 U.S.C. § § 112(a)).

Invention 52

Invention Patent Application Art Patent 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

with a patent law concentration with intellectual property certificate, from the University of Connecticut School of Law in 2013. While there, he was a member of the IP and Technology Law Society, Military Law Society, and National Black Law Students Association. Joel received his J.D.,

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

LexBlog IP

JULY 21, 2021

Further, that same commentator has noted that: In 2007, the U.S. Patent and Trademark Office granted ownership of the word “Jesus” to Jesus Jeans, owned by a publicly traded Italian company, BasicNet, giving the company exclusive rights in America to sell clothing bearing the name “Jesus.” World Intellect.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Patently-O

DECEMBER 14, 2021

Apple has now petitioned for writ of certiorari with the following question: Whether a licensee has Article III standing to challenge the validity of a patent covered by a license agreement that covers multiple patents. 118 (2007) where the Supreme Court found standing for a licensee to challenge a patent.

Patent Law 86

Patent Law Law Patent Licensing 86

SpicyIP

JULY 20, 2024

There’s a reason why it’s only once in the life of Indian patent law that a CL was granted, check Prof. Basheer’s post discussing Bayer vs Natco where CL was granted for Bayer’s patented anti-cancer drug (Nexavar). among others. Sai Vinod’s post can get you some intellectual relief.

Cease and Desist 119

Cease and Desist Licensing IP Patent 119

SpicyIP

JANUARY 27, 2024

The issue earlier came up in 2007 during the Novartis dispute. Oh wait–speaking of health emergencies, let’s not miss Article 21 of the Indian Constitution, as Rahul Bajaj discussed Invoking the Fundamental Right to Health to Push Govt to Use Patent Law Levers during COVID-19. Tis not done. Let’s wrap the story (an ongoing one?)

IP 64

IP Licensing Copyright Blogging 64

SpicyIP

JUNE 21, 2024

Two values that guided him through the course of his academic writing, were the need for transparency and democratic participation, during the process of making the law and implementation. He was also playful in his writing, never afraid to think and communicate unconventionally.

Intellectual Property Law 49

Intellectual Property Law Intellectual Property Law Blogging 49