IP Law 360

NOVEMBER 2, 2022

Even amid increased attention to gender disparities in the legal profession, the percentage of first chair trial lawyers in patent cases who are women increased only slightly from 2010 to 2019 and remains at less than 10%, a new analysis has found.

Patent 98

Patent 98

Patently-O

AUGUST 17, 2021

Ironburg won a $4 million judgment regarding two patents (now on appeal) and the district court stayed the litigation regarding U.S. Patent Nos. Those two patents are the subject of this appeal. Valve submitted a printout of Burns and argues that it was a printed copy of an online review of a Scuf controller from 2010.

Art 124

Art Inventor Litigation Publishing 124

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 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated.

Journalism 105

Journalism Art Patent Law Invention 105

Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

Design Patent 134

Design Patent Designs Design Patent 134

Patently-O

NOVEMBER 27, 2022

The following list ranks the top 25 firms with the most registered patent law professionals. All of these firms have 100+ patent attorneys/agents. I also include a note following the firm with some information about how the numbers have changed since 2010. Fish & Richardson (Steady). Qualcomm (Some growth).

Patent 94

Patent Registration Patent Law IP 94

SpicyIP

SEPTEMBER 5, 2022

Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). The sheer size of sales and revenue coupled with patent monopolies and the immense potential of the mRNA technology, makes both these entities King-like – rich, supreme and sometimes hypocritical.

Litigation 137

Litigation Patent Technology Ownership 137

SpicyIP

JANUARY 11, 2022

We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. Section 3(i) bars the patenting of treatment processes.

Invention 119

Invention Patent Art Patent Application 119

SpicyIP

JULY 23, 2021

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Even outside of patents, the players in the pesticide industry have consistently been pushing for TRIPS+ protections such as extended data exclusivity (see here , here , and here ).

Patent 126

Patent Licensing Invention Government 126

JD Supra Law

JUNE 26, 2024

769 on December 21, 2023 to enact the Implementing Regulations of the Patent Law (Amended in 2023) (hereinafter referred to as “the Implementing Regulations (Amended in 2023)”) as of January 20, 2024. Fourteen years have passed since the last amendment of the Implementing Regulations released on January 9, 2010.

Patent Law 79

Patent Law Patent Law 79

SpicyIP

JANUARY 20, 2023

COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues Last month, the patent battle between COVID-19 mRNA vaccine manufacturers continued with BioNTech/Pfizer filing a strong defense and counter-claim to Moderna’s allegations of patent infringement. Patent no. ’127

Patent Infringement 119

Patent Infringement Patent Patent Application Intellectual Property 119

IP and Legal Filings

JULY 15, 2024

INTRODUCTION To identify the role of public funded research in the pharmaceutical industry one has to first determine the problems faced by the public in accessing these inventions and the level of patenting activities in the public funded research institutions in the pharmaceutical sector.

Patent 97

Patent Invention Licensing Journalism 97

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. This exposes some concerns about our patent laws.

Patent Infringement 115

Patent Infringement Law Patent Ownership 115

IP and Legal Filings

APRIL 20, 2022

Patent linkage is perhaps one of the most debatable aspects of patent regulation around the world. Various countries have often tried to explain different ambits of patent linkage following the situation prevailing. This way the authorities take the responsibility of a patent office to which they don’t have any expertise.

Patent 98

Patent Marketing Marketing IP 98

Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

Invention 128

Invention Patent Inventor Intellectual Property 128

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

Patent 102

Patent Intellectual Property Invention Inventor 102

JD Supra Law

MARCH 29, 2024

On December 11, 2023, the State Council of the People’s Republic of China announced its decision to amend the Implementing Regulations of the Patent Law of the People’s Republic of China (the “2023 Regulations”), marking the first update in over 13 years since the last amendment in 2010. By: Sheppard Mullin Richter & Hampton LLP

Patent Law 70

Patent Law Law Patent 70

IP Watchdog

MARCH 7, 2023

In a precedential decision published Monday, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the Patent Trial and Appeal Board’s (PTAB) decision to invalidate a pharmaceutical patent owned by the University of Minnesota. Patent 8,815,830 as unpatentable.

Patent 69

Patent Patent Application Art Publishing 69

Patently-O

SEPTEMBER 12, 2024

This post delves into these cases and what I call the ‘glove doesn’t fit’ fallacy in patent law obviousness doctrine; it also provides a discussion of how written description continues to be a risk, even in inter partes review (IPR) proceedings. Continue reading this post on Patently-O.

Patent Law 59

Patent Law Law Patent Art 59

The IPKat

JULY 22, 2022

WIPO highlighted that similar treaties are in place: the Patent Law Treaty of 2000 , the Trademark Law Treaty of 1994 and the Singapore Treaty on the Law of Trademarks of 2006. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.

Design 119

Design Designs Intellectual Property Licensing 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

Intellectual Property Law Blog

MARCH 29, 2021

Smart contracts are often mentioned in blockchain-themed patent applications and recited in claims. 593, 611 (2010)). Without detailed explanations of “smart contract” set forth in the specification, patent prosecutors may find themselves in an uphill battle against the abstract idea finding. The Situation. Kappas , 561, U.S.

Contracts 100

Contracts Patent Patent Application Invention 100

JD Supra Law

JUNE 6, 2024

In 2010, Trading Technologies International, Inc. (“TT”) TT”) filed suit against IBG LLC and its subsidiary Interactive Brokers LLC for patent infringement. The four patents in question, U.S. Patent Nos. By: Sheppard Mullin Richter & Hampton LLP

Patent Infringement 70

Patent Infringement Technology Patent 70

Patently-O

JANUARY 10, 2022

Figure 1 shows the number of Federal Circuit opinions and Rule 36 summary affirmances by origin since 2010. The average rate at which the court affirmed-in-full district courts from 2010-2021 was 69% (indicated by the purple line); last year its affirmance rate in these appeals was 79%.

Designs 126

Designs Design Patent 126

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

Likelihood of Confusion

MAY 19, 2022

Sander Gelsing, Canadian Patent and Trademark Trade Mark Lawyer, picks up on a doozy. Originally posted 2010-05-26 12:48:34. The post Talk about your business method patents! Republished by Blog Post Promoter. appeared first on LIKELIHOOD OF CONFUSION™.

Business 52

Business Patent Blogging Trademark 52

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. The traditional notion that patents are territorial rights is, however, under considerable stress.

Patent 86

Patent Invention Intellectual Property Law Intellectual Property 86

SpicyIP

SEPTEMBER 13, 2021

I covered the recommendations of the Report which includes reforming Section 3(p) of the Patents Act to incentivize TK-based innovation, creating a proper documentation mechanism to prevent misappropriation of TK, and registration of traditional knowledge as GIs. of patents were generated by research teams consisting mostly of women.

Reporting 104

Reporting Registration Trademark Registering Trademarks 104

SpicyIP

JANUARY 3, 2024

The Patent Agent Examinations are due on January 07, 2024. Choudhary about a wonderful new initiative he’s put together online, Prepare for the Patent Agent Examination (PAEP), a free for all website for the aid and assistance of the participants appearing in the Patent Agent Exam. So best wishes to the Exam Takers!

Patent 64

Patent Blogging Patent Law IP 64

Patently-O

JULY 8, 2021

593 (2010). Often, eligibility is the first substantive determination in patent litigation and it is typically decided either on a motion to dismiss (12(b)(6)) or motion on the pleadings (12(c)). In recent years, eligibility determinations have moved forward in the litigation context and become a true “threshold test.”

Litigation 107

Litigation Art Patent Law 107

IPilogue

FEBRUARY 22, 2023

Canada’s patent portfolio is incommensurate with its enviable workforce and publicly funded research. Domestically, Canadian patent filings decreased by 3% annually and 7% in the last ten years. In 2019, Canadians contributed 12% of the patents filed in Canada, whereas Americans accounted for half.

IP 105

IP Intellectual Property Reporting Marketing 105

SpicyIP

MARCH 25, 2023

And the other is whether the patent in question, titled pharmaceutical combinations of an Angiotensin Receptor Antagonist and an NEP Inhibitor (IN 414518), is a secondary patent to the recently expired Vymada patent (combination of Valsartan-Sacubitril). However, of these 8 claims, Natco alleged that Claim no.

Patent 102

Patent Patent Application Reporting Litigation 102

Patently-O

APRIL 28, 2022

The court in Ariad explained that a “a vague functional description” may be insufficient as it likely describes the unpatentable problem rather than a patentable solution. 2010) (en banc). I suggest that patent examiners are primarily focusing on Number 1, New Matter Written Description. Ariad Pharmaceuticals et al.

Inventor 105

Inventor Invention Art Litigation 105

Olartemoure Blog

AUGUST 4, 2023

Design patents allow breweries to safeguard these elements of aesthetic distinction, securing exclusive rights to their innovative designs. Some examples of beer glasses design patents in the US: BEER GLASS US D954,504 S Inventors: Nicolas Brouillac Assignee: PEUGEOT SAVEURS Date of Patent: Jun. Date of Patent: May.

Design Patent 52

Design Patent Design Designs Inventor 52

LexBlog IP

SEPTEMBER 21, 2023

The USPTO implemented the Patent Prosecution Highway (PPH) back in May of 2010. For example, for FY22 (Oct 2021 – Sept 2022), in participating patent offices with at least 100 petitions filed, [1] the average pendency in days from petition to a First Action was 144 (roughly 4.8

Patent Prosecution 52

Patent Prosecution Patent Technology Intellectual Property 52

Patently-O

JULY 7, 2021

I have been following the patent ownership lawsuit of Bio-Rad Laboratories, Inc. Some months later, after leaving and forming 10X, they completed the inventions and filed patent applications. International Trade Commission and 10X Genomics. The case is now pending on a petition for en banc rehearing before the Federal Circuit.

Invention 92

Invention Inventor Ownership Contracts 92

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

JD Supra Law

MARCH 7, 2022

Since 2010—with the exception of outlier year 2016 (with 310 new filings!)—the the number of cases filed annually in US district courts asserting US design patents has remained fairly steady: between 236 (in 2019) and 293 (in 2017). 2021 was no different with 254 new design patent cases filed.

Design Patent 52

Design Patent Design Designs Patent 52