LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. Operations LLC. [1]

Design Patent 52

Design Patent Design Designs Patent 52

Patently-O

JANUARY 10, 2022

Figure 1 shows the number of Federal Circuit opinions and Rule 36 summary affirmances by origin since 2010. The type of opinion paints a different picture, however: as Figure 3 shows, while around half of the opinions arising from the district courts were designated as “precedential,” only 25% of the opinions arising from the PTO were.

Design 126

Design Designs Patent 126

LexBlog IP

OCTOBER 20, 2021

Over the last 20 years, the total number of design patents issued per year in the United States has erupted. As illustrated in the graph below and further highlighted in this animated graph, in the 30 year period between the years 1971 and 2000 a total of nearly 219,000 design patents were issued by the U.S.

Design 52

Design Designs Design Patent Intellectual Property 52

SpicyIP

SEPTEMBER 15, 2023

Almost two years after the 2021 amendments to the Patent Rules 2003, the Ministry of Commerce and Industry has proposed a fresh set of amendments which, if accepted, can change the Indian Patent landscape substantially. from Jindal Global Law School, Sonipat.]

Patent 105

Patent Invention Patent Application Public Domain 105

Patently-O

APRIL 25, 2024

government by using fraudulently obtained patent rights prop up its drug prices. 280 (2010). In a case now pending before the Supreme Court, Silbersher argues that Valeant fraudulently obtained patents for its drug Apriso, allowing it to delay generic competition and charge inflated prices to the government. 3729 (a)(1)(A).

Patent 59

Patent Government Art Reporting 59

IP Tech Blog

NOVEMBER 10, 2021

District Court Judge since 2010 and held the position of Chief Judge for the District of Delaware from July 2014 to June 2021. Judge Stark presided over more than 2500 patent cases throughout his career. He oversaw a significant influx of more than 1000 patent cases to Delaware since the U.S. Judge Stark has served as a U.S.

Patent 57

Patent Blogging Brands Branding 57

The TTABlog

MAY 25, 2023

Applying the Morton-Norwich factors, and giving some weight to applicant's design patents, the Board concluded that the USPTO failed to make a prima facie case of functionality. There were no utility patents of record, nor any evidence showing that JBL touted any utilitarian advantages of this product design. Wellington).

Design 40

Design Designs Design Patent Advertising 40

CopyrightsWorld

FEBRUARY 10, 2021

When Apple sued Samsung in 2010, Google had to step in and help Samsung partly due to a ‘Mobile Application Distribution Agreement’ that gave “partial or full indemnity with regard to four patents.”. On the other hand, Apple claimed that Motorola violated its patent to certain smartphone features.

Intellectual Property 76

Intellectual Property Design Patent Design Designs 76

SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Controller of Patents where the Court emphasised the requirement of the plurality of invention in divisional applications and held that plurality should be disclosed in the claims.

IP 124

IP Copyright Trademark Intellectual Property 124

Patently-O

SEPTEMBER 6, 2022

Zachary Silbersher is a NY Patent Attorney. The allegation was that Allergan fraudulently obtained patents covering Alzheimer’s drug treatments with the result of inflated Medicare drug prices. 3730(e)(4)(A) (2010). An ex parte patent prosecution is clearly “Federal”: the PTO is an agency of the U.S. ” Id.

Patent Law 61

Patent Law Law Patent Prosecution Patent 61

Patently-O

MAY 6, 2024

by Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the printed matter doctrine — applying the doctrine only to cases where the claims recite the communicative content of information. Kevin Emerson Collins, Patent Law’s Authorship Screen , 84 U.

Patent 64

Patent Invention Design Designs 64

IP Watchdog

OCTOBER 7, 2022

Supreme Court denies cert to several patent cases but asks the U.S. Solicitor General to brief the Court on the “skinny label” issues in Teva v.

Publishing 59

Publishing Copyright Design Designs 59

SpicyIP

DECEMBER 15, 2023

Three months after scrapping the preliminary exams for the recruitment of patent and designs examiners, the Department of Promotion of Industry and Internal Trade (DPIIT) has re-notified the preliminary exams to be conducted on December 21. The whole commotion about the appointment of patent examiners isn’t new.

Higher Education 59

Higher Education Patent Design Designs 59

Patently-O

FEBRUARY 20, 2023

Constitution authorizes Congress to legislatively create a patent system. And, Congress has so since the beginning, with George Washington signing the the First Patent Act into law in 1790. As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility.

Invention 90

Invention Technology Law Patent 90

SpicyIP

MARCH 16, 2025

The petitioner then argued that the mark “TARFLEX” was deceptively similar to their prior mark “TARPEX” that they used for tarpaulin and related products since 2010.

Trademark 59

Trademark Copyright Brands Branding 59

LexBlog IP

DECEMBER 21, 2023

7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law. 122(b)(2)(B)(i), the patent application was kept under wraps, avoiding publication until patent issuance. Under 35 U.S.C.

Patent Drafting 52

Patent Drafting Patent Inventor Invention 52

Canadian Intellectual Property Blog

JANUARY 6, 2021

Many software methods are business method patents designed to make business more efficient. Software patents, historically, were not considered patentable. This changed in 2010 with the granting of the Amazon 1-click patent. This changed in 2010 with the granting of the Amazon 1-click patent.

Business 52

Business Patent Invention Intellectual Property 52

The IPKat

APRIL 4, 2024

This led to the establishment of bodies such as the Music Industry Task Team (MITT) in 2000 (p26) and the Copyright Review Commission (CRC) in 2010. Schedule III comprised the entire provision of the defunct British Copyright Act 1911 (Imperial Copyright Act). The 1916 Act was repealed by the defunct Copyright Act 42 of 1965.

Copyright 132

Copyright Music Artistic Work Contracts 132

Patentably Defined

APRIL 7, 2010

Have you ever been unsuccessful in obtaining assistance from an examiner or Supervisory Patent Examiner? The Ombudsman Pilot Program is designed to assist in getting the process back on track when there is a breakdown in the normal prosecution process. © 2010, Michael E. DC Patent Attorney. The Law Office of Michael E.

Patent 40

Patent Design Designs Law 40

Patently-O

DECEMBER 14, 2023

At the summary judgment stage, the parties filed competing summary judgment motions focusing on whether one patent being asserted (US7601740) should be held invalid based upon obviousness-type double patenting (OTDP). Because of the standard 20-year patent term calculation, both would ordinarily expire on the same day.

Patent 64

Patent Patent Application Invention Design 64

Copyright Lately

NOVEMBER 14, 2021

The UK Copyrights, Designs and Patents Act of 1988 (CDPA) does provide some protection for moral rights, including the right in certain circumstances for artists to object to the “ derogatory treatment ” of their works. But what about the United Kingdom?

Artwork 122

Artwork Moral Rights Art Social Media 122

LexBlog IP

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5] ” [8]. .”

Intellectual Property 52

Intellectual Property Design Patent Design Designs 52

Patently-O

FEBRUARY 27, 2024

This post breaks down the guidelines and walks through some potential strategies for patent applicants. For a PHOSITA, a circle within a chip-design drawing may have a particular meaning that would be meaningless to an ordinary reader. 2010) (SCT “directed us to construe the scope of analogous art broadly”); Airbus S.A.S.

Art 122

Art Invention Patent Application Patent 122

Patently-O

JULY 28, 2022

Vocalife’s patent covers an enhanced microphone system that identifies the location of a target sound source and then uses beamforming to improve sound collection from the target. Vocalife’s expert then testified that the code is designed in a way that it is operable across the various Echo devices–i.e., 3d 967 (Fed.

Patent 78

Patent Design Designs Law 78

The IPKat

MAY 5, 2023

This Kat was present as godmother during a baptismal ceremony in 2010 and another parent (not my goddaughter's) who proposed ‘Domitila’ as her daughter’s baptismal name, received several queries of “are you sure” from the priest.]

Registration 123

Registration Ownership Copyright Trademark 123

IP and Legal Filings

AUGUST 11, 2023

3d 749 (1998) (Court of Appeal (First Circuit)) (The claimant unsuccessfully argued that the design for the Rock and Roll Hall of Fame and Museum in Cleveland, Ohio – effectively the building itself – was a trade mark) as cited in Gangjee, Dev, Non-traditional Trade Marks in India , 22.1 NLSI Rev 67, 80 (2010). [3] 2010) 14 SCC 285.

Trademark 98

Trademark Registration Intellectual Property Intellectual Property Law 98

SpicyIP

MAY 14, 2024

A development that patent lawyers are surely going to find interesting, on March 13, the Delhi High Court, in Bayer Pharm Aktiengesellschaft v. The Controller General of Patents & Designs , clarified that a working example does not define the patent’s scope. What are Working Examples? Paragraph 05.03.09

Invention 59

Invention Patent Application Patent Design 59

Patentably Defined

MAY 20, 2010

The USPTO has announced a new plan to increase the availability of its patent electronic filing system, EFS-Web, by providing a new contingency option when the primary portal to EFS-Web experiences an unscheduled outage. Provisional patent applications; 2. Provisional patent applications; 2. © 2010, Michael E.

Design Patent 40

Design Patent Patent Application Design Designs 40

SpicyIP

JULY 22, 2023

It notes that despite the government initiatives to strengthen India’s IP regime, applying the ‘narrowly focused’ and ‘stringent’ patent laws toward AI applications remains challenging. Economic viability is not a metric for copyrightability, and a limited metric for patentability. It is not clear what this refers to though.

IP 98

IP Intellectual Property Reporting Government 98

IIPRD

JUNE 24, 2024

From patents to copyrights, Trade Marks to trade secrets, the Berne Convention to TRIPS, knowing these accords is critical for individuals, corporations, and policymakers navigating the complexity of ‘intellectual property’ protection in the twenty-first century. ‘The

Intellectual Property 52

Intellectual Property Artistic Work Registration Copyright 52

LexBlog IP

SEPTEMBER 30, 2021

An inventor is not required to play any active role in the filing, prosecution, or grant of a patent in the UK, so arguably there remains a question as to whether an application can be permitted to proceed even if a legally valid inventor has not been – or cannot be – named. PDF 998kB] ).

Inventor 52

Inventor Patent Law Patent Application Invention 52

The IPKat

SEPTEMBER 12, 2021

The second of these decisions, Abbott v Dexcom [2021] EWHC 2246 , concerned Abbott's latest application to expedite a patent trial revoking four of Dexcom's patents. The global litigation Both parties have a number of patents covering the CGM devices. Mr Justice Mellor dismissed the application " with some regret ".

Litigation 98

Litigation Patent Marketing Marketing 98

Indiana Intellectual Property Law

SEPTEMBER 15, 2021

Apparently due to this notoriety, Poulsen obtains patent and trademark protection for its roses throughout the world, including the United States. In 2010, J&P Park Acquisitions, Inc. Plaintiff is further claiming Defendants’ actions constitute unfair competition and false designation of origin in violation of 15 U.S.C.

Trademark 40

Trademark Brands Branding Branding 40

Above the Fold

JULY 5, 2022

The next time you would like to protect the design on a T-shirt, the pattern of design on fabric, or a jewelry design, you should consider whether your work can be copyrighted. In the event that infringement occurs, a designer must show that the infringer copied the designers copyrighted work. [5]

Intellectual Property 40

Intellectual Property Design Patent Design Designs 40

Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

Invention 59

Invention Art Patent Design 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Newly promoted principals for 2022 are: Michael Ballanco focuses his practice on all aspects of patent infringement matters at the trial and appellate level. in medicinal chemistry from the University of Michigan in 2010, and his B.S. Patent & Trademark Office. Will Freeman focuses his practice on patent litigation in U.S.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

U.S. Department of Commerce

JUNE 2, 2021

Patent and Trademark Office (USPTO). Relying on Jobs’ marketing and design skills and Wozniak’s engineering insights, the pair co-founded Apple Computers in 1976. She was awarded the Medal in 1989 for overseeing the design, construction, and operation of the TEVATRON particle accelerator. Patent and Trademark Office.

Technology 52

Technology Intellectual Property Invention Inventor 52