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.

Design Patent 119

Design Patent Design Designs Patent 119

The IP Law Blog

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).

Design Patent 98

Design Patent Design Designs Patent 98

Patently-O

OCTOBER 25, 2021

This guest post was authored by Joel Smith, a 3L at the University of Missouri School of Law, with support from the team at the Mizzou Law Veterans Clinic. Why is there a post about a veterans law case on a patent law blog? Mr. Taylor did so in early 2007. The symposium is online and free.

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Government Law Patent Blogging 119

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.

Journalism 56

Journalism Trademark Patent Patent Law 56

The IPKat

MARCH 2, 2022

While personalized medicine seems to be an essential of modern healthcare, it is also rather unclear how innovations that are developed for its purposes align with patentability requirements and, in general, the way the patent system operates. He teaches European, U.S

Intellectual Property 95

Intellectual Property Intellectual Property Law IP Patent Law 95

The IP Law Blog

NOVEMBER 9, 2023

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”). Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent. Iolab Corp.

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Inventor Invention Art Patent 110

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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Patent Invention Intellectual Property Law Intellectual Property 86

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. Does KSR International Co.

Design Patent 64

Design Patent Design Designs Patent 64

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.

Patent Troll 86

Patent Troll Marketing Marketing Patent 86

SpicyIP

SEPTEMBER 27, 2023

(It’s unclear where the mandate is coming from, as guidelines generally do not have the power of law behind them but are merely discretionary / advisory). All Indian Patents are certainly not secured by the GoI through March-in Rights, and as we saw during Covid , there was little to no inclination to bring the topic up at all.

Intellectual Property 111

Intellectual Property Licensing IP Reporting 111

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. Prathibha Sivasubramanian is a law researcher working with TWN.

Patent 72

Patent Patent Application Intellectual Property Law 72

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.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

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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Invention Patent Patent Infringement Technology 89

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. Figure 3 from the patent (above) provides an example of the confusion regarding significant figures. 3d 1371, 1377-78 (Fed.

Patent Prosecution 78

Patent Prosecution Patent Patent Law Law 78

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).

Art 81

Art Invention Patent Prosecution Patent 81

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. Here, the acts associated with co-inventorship occurred back in 2007. Tube-Mac Indus., Campbell , No.

Patent 59

Patent Inventor Patent Infringement Design 59

IP Intelligence

MARCH 7, 2022

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the description.”[i] application; and (d) “relevant and not related to unique aspects of foreign patent law.”

Patent Law 52

Patent Law Invention Patent Application Art 52

The IPKat

AUGUST 4, 2023

However, the decision of the EBA in G 2/21 , and how it is eventually interpreted by the Boards of Appeal, may effect patents in any technical field in which experimental evidence is required. AI Kat A critical question in European patent law is therefore the evidence and disclosure requirement for a purported technical effect.

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Invention Art Patent Reporting 98

Patently-O

APRIL 16, 2024

11, 2024) Human clinical trials play an essential role in the discovery, development, and regulatory approval of innovative drugs, and federal law mandates the public disclosure of these trials. The case garnered amicus curiae briefs filed by several innovative pharmaceutical companies in support of the patent owner, Salix Pharmaceuticals.

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Art Patent Journalism Publishing 75

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. However, Mylan did not use its reply to explain how de Gennes is analogous to the ‘614 patent. Mylan Pharms Inc. 4th — (Fed.

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Art Patent Invention Inventor 45

Patently-O

OCTOBER 6, 2023

The first part has to do with motivation-to-combine, with the decision offering some good language for patent prosecutors attempting to overcome weakly worded office actions. 398 (2007). [I]f ” Sisvel’s ’561 patent, owned by Sisvel, relates to improving channel coding techniques in transmitting data for radio systems.

Art 64

Art Invention Patent Patent Application 64

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. § If a person of ordinary skill can implement a predictable variation, § 103 likely bars its patentability. Teleflex Inc. ,

Art 59

Art Invention Patent Patent Law 59

LexBlog IP

NOVEMBER 9, 2023

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”). 9,980,498 (the “’498 Patent”). The ‘498 Patent is directed to a two-step process for cooking bacon pieces.

Inventor 52

Inventor Invention Art Patent 52

Patently-O

MARCH 19, 2024

Patent 8,971,279 covers a method of sending Semi-Persistent Scheduling (SPS) deactivation signals that essentially “piggyback” on existing messages. Obviousness is the central patent law concept and is usually the determining doctrine on whether an invention is patentable over the prior art. See Pfizer, Inc.

Art 45

Art Invention Patent Patent Law 45

IIPRD

FEBRUARY 16, 2024

The following article focuses on the challenges of enforcing patent rights and Trade Secrets. “ Hence, the traveling chaos of F1 is a world filled with patents, trademarks, copyrights, and Trade Secrets. It would also benefit the engineers as patents would allow them economic benefits for years. Its Lights Out and away we go”.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Court, before the U.S.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

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)). ” Id.

Invention 52

Invention Patent Application Art Patent 52

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.’

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Intellectual Property Intellectual Property Law IP Law 80

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Patently-O

DECEMBER 14, 2021

The Supreme Court has not yet granted a writ of certiorari in any patent cases this term, and has denied certiorari in several dozen cases. A handful of important petitions are pending whose outcome could be transformative to the law. by Dennis Crouch. Eligibility : American Axle & Manufacturing, Inc. Neapco Holdings LLC , No.

Patent Law 86

Patent Law Law Patent Licensing 86

SpicyIP

JULY 20, 2024

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.

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Cease and Desist Licensing IP Patent 119

SpicyIP

JANUARY 27, 2024

We have traversed through Junes , Julys , Augusts , Septembers , Octobers , and Novembers and shared some stories like 10 years of the Google Books Library Project, the Presumption of validity of patents, Corruption in IP Offices, the Serial Crisis in India, Law Making via Leaked Documents, etc. Did you miss anything? Don’t worry.

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. Kochupillai’s areas of interest range from business law, patents, plant variety protection, sustainable innovations in agriculture, and business ethics.

Intellectual Property Law 49

Intellectual Property Law Intellectual Property Law Blogging 49