JD Supra Law

FEBRUARY 9, 2022

On January 11, 2022, the Patented Medicine Prices Review Board (PMPRB) released a report entitled Expensive Drugs for Rare Diseases: Canadian Trends and International Comparisons, 2011-2020 as part of the National Prescription Drug Utilization Information System (NPDUIS) initiative. By: Smart & Biggar

Reporting 98

Reporting Design Designs Patent 98

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Summary Judgment : Mosaic lacked product design trade dress rights.

Art 124

Art Brands Branding Branding 124

Patently-O

OCTOBER 6, 2021

Patentee wins this one–with the Federal Circuit reversing the district court and finding the claims on patent-eligibility under Alice step-two. 2011 priority filing date). This on/off function is designed to both save power on the device and also help prevent hacking. CosmoKey’s U.S. step two.

Patent 122

Patent Invention Art Inventor 122

IPilogue

JANUARY 10, 2022

Part 1: The Four Pillars of Patentability. Part 2: A Beginner’s Guide to Patenting Software and Artificial Intelligence. Part 5: The IP Hidden Gems: Trade Secrets and Industrial Designs. CII, such as algorithms, are frequently deemed an abstract idea, and thus not suitable for patent protection.

Invention 104

Invention Patent Intellectual Property IP 104

SpicyIP

MARCH 4, 2025

The Controller of Patents & Designs ( pdf ). The case involved an appeal against the order dated March 13, 2023, which had dismissed Patent Application No. But how the court has undertaken the analysis and upheld the Controllers order for rejection of the patent is rather interesting. Okay, so Isnt Saving Time Good?

Invention 52

Invention Patent Application Patent Intellectual Property 52

SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” Understanding Why the Patent Application Went Up in Flames The patent application (no.

Invention 110

Invention Patent Patent Application Government 110

Patently-O

OCTOBER 30, 2022

These appear to be the first—and certainly the first precedential—Federal Circuit cases dealing with the merits of one of the numerous “Schedule A” design patent cases that have been filed in recent years in the NDIL. Sometimes they don’t even file the patent number publicly. That’s not how design patent infringement works.

Design Patent 98

Design Patent Designs Design Art 98

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

The IPKat

JANUARY 1, 2025

He kept readers informed about the latest developments in trade marks, designs, AI, and copyright law. EPO Case Law Updates Cohausz & Florack are offering two webinars about the case law of the European Patent Office, including procedural and substantive aspects of the recent decisions.

Ownership 64

Ownership IP Registration Intellectual Property 64

Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127. 101, 102, 103, and/or 112.”

Patent 97

Patent Patent Infringement Copying Technology 97

Patently-O

MARCH 21, 2023

Vidal ask the Supreme Court one simple question: Does the Patent Act categorically restrict the statutory term ‘inventor’ to human beings alone? In Thaler’s case, the PTO and courts short-circuited the patentability analysis because the purported inventor is a machine, and machines simply are not permitted to be inventors.

Inventor 122

Inventor Invention Patent Art 122

IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

Litigation 98

Litigation Patent Intellectual Property Brands 98

IPilogue

JUNE 16, 2022

On April 07, 2022, the Federal Court of Canada released its judgment in favour of the plaintiffs in the patent infringement action against Munchkin Inc. Angelcare owns six patents related to the diaper pail cassettes and/or its assembly with its Diaper Genie. (the and Munchkin Baby Canada Ltd. Background. Inducement.

Patent Infringement 105

Patent Infringement Patent Design Designs 105

SpicyIP

JANUARY 26, 2025

Government Urged to Invoke Section 100, Patents Act for Rare Disease Medicine MP Haris Beeran has written to the Minister of Health and Family Welfare urging the government to invoke Section 100 of the Patents Act, seeking local production of the rare disease medicine Risdiplam. Who Notices When Patents Are Revoked/Invalidated?

Trademark 59

Trademark Art Registration Business 59

The IPKat

SEPTEMBER 23, 2022

The Court of Justice of the European Union (CJEU) will soon issue its first ruling concerning the concept of “normal use” in EU design law (case C-472/21 ). In 2011, Monz Handelsgesellschaft International (design owner) registered a national design for “saddles for bicycles or motorbikes” at the German Patent and Trademark Office (DPMA).

Design 59

Design Designs Law Art 59

The IPKat

DECEMBER 27, 2021

In addition, the notion of ‘counterfeit’ was taken to refer to “ items that look identical to a genuine product with or without the official branding/logo, but are not made by the brand and may be of lower quality, for example, a handbag of identical design to a “Chanel” with or without the Chanel logo.”

Social Media 119

Social Media Reporting Advertising Advertising 119

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. Here, the basis of Silbersher claim stem from the prosecution history files of the Allergan patent applications. ” Id.

Patent Law 61

Patent Law Law Patent Prosecution Patent 61

The IPKat

FEBRUARY 28, 2023

The legal situation regarding design protection for parts of a complex product in the EU is just that-- complex. Design protection in the EU is granted for the appearance of the whole or a part of a product ( Art. 1(a) of Directive 98/71 , ‘Design Directive’). 1(b) of the Design Directive ).

Design 83

Design Designs Art Licensing 83

IP and Legal Filings

JULY 28, 2022

The company recently filed 10 applications with the US Patent and Trademark Office for the McDonald’s brand and McCafe. It was back in January 2011 when Future Enterprises had officially filed ‘Mac Coffee and Eagle device’ trademark before DOI. The trademarks are for virtual food and beverage products. Conclusion.

Trademark 97

Trademark Brands Branding Branding 97

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. See [link].

Patent Law 96

Patent Law Law Inventor Patent 96

Selvam & Selvam Blog

AUGUST 28, 2023

The legal case of Syngenta Limited vs. Controller Of Patents And Designs revolves around the interpretation of Section 16(1) of the Indian Patents Act. Background: Syngenta Limited filed an original patent application in 2005, detailing an invention concerning agrochemical concentrates.

Design 40

Design Designs Patent Invention 40

Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. b)(4)(i)(A) (2011). Factual and Procedural Background. 3d 1194 , 1196 (9th Cir.

Registration 98

Registration Blogging Copyright Design 98

Patently-O

OCTOBER 12, 2023

Ultimately the PTAB sided with the patent challenger and and that determination was affirmed on appeal in a R.36 TWC’s patent claims an “inflatable product,” such as an air mattress, that has a built-in electric pump. The recessed design keeps the pump partially hidden and out of the way when not in use.

Patent 69

Patent Invention Art Design 69

Patent Trademark Blog

AUGUST 7, 2024

Is it possible to increase your utility patent chances of success? It is common knowledge that obtaining a US utility patent is a years-long process that can cost tens of thousands. I have discussed ways to speed up the patent process. Need to get a utility patent granted? Statistics can be tricky.

Patent Application 52

Patent Application Patent Art Design Patent 52

Patently-O

NOVEMBER 14, 2024

by Dennis Crouch Sitting by designation in Delaware District Court, Federal Circuit Senior Judge William Bryson found claims 1-10 of GeoComply's U.S. The inventor, Anna Sainsbury, co-founded GeoComply in 2011 and has served as CEO for most of the past 13 years. To continue reading, become a Patently-O member. GeoComply Sols.

Patent 40

Patent Inventor Design Designs 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.”. At the same time, Motorola sued Apple, accusing the tech giant of infringing several patents, including how cellphones operated on a 3G network.

Intellectual Property 76

Intellectual Property Design Patent Design Designs 76

IPilogue

OCTOBER 19, 2022

Indeed, the court thought that inducing infringement, which to date had been considered wrong only in respect of patents, applied to all forms of intellectual property (“IP”). Thus in Sea Shepherd , while agreeing on the legal principles of joint liability, the UK Supreme Court divided on their application.

Copyright Infringement 105

Copyright Infringement Copyright IP Design 105

The IPKat

DECEMBER 5, 2021

The Ordinance came into effect back in 1997 and incorporates a substantial part of the Copyright, Designs and Patents Act 1988 of the UK. To this end, since 2006, the Government has conducted rounds of major consultations and introduced two amendment bills in 2011 and 2014 into the Legislative Council.

Copyright 124

Copyright Government Reporting IP 124

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund, No.

Patent Law 75

Patent Law Law Patent Art 75

IPilogue

JULY 9, 2021

Supreme Court recently decided that the doctrine of assignor estoppel—the judge-made law that prevents an assignor, if sued for IP infringement by the assignee, from contesting the title or validity of the IP it transferred—applies to the assignments of patents in Minerva Surgical, Inc. v Hologic, Inc., 594 US (2021). 1] The U.S.

Intellectual Property 81

Intellectual Property Editing Intellectual Property Law IP 81

Patently-O

OCTOBER 25, 2021

Why is there a post about a veterans law case on a patent law blog? Like patent office cases, when decisions of the Veterans Administration (“VA”) are appealed to the federal court system, the cases are not heard in your everyday district courts, but instead in everyone’s favorite court with nationwide jurisdiction. 428 (2011).

Government 119

Government Law Patent Blogging 119

TorrentFreak

JULY 11, 2022

The BPI says this is the first time since website blocking began in 2011 that a mobile operator has begun blocking pirate sites. Those ISPs include EE, a broadband provider that’s also the operator of the UK’s largest mobile network. So, during the past few hours, we had some tests carried out on EE’s network in the UK.

Music 144

Music Publishing Ownership Marketing 144

Patently-O

JULY 18, 2024

10,043,188 (‘188 patent) are ineligible for patent protection under 35 U.S.C. § The ‘188 patent is directed to “a web based software system for managing the process of performing pre-employment background investigations.” Regarding patent eligibility, the court applied the two-step Alice / Mayo framework.

Patent 64

Patent Invention Technology Inventor 64

Patently-O

AUGUST 19, 2022

Par had listed two patents in the Orange Book as covering its product and so, as required, Eagle’s ANDA included a Paragraph IV certification that the two patents were either (1) invalid or (2) would not be infringed. Both Par patents include a pH requirement: “wherein the unit dosage form has a pH of 3.7-3.9.”

Brands 87

Brands Branding Branding Marketing 87

IP and Legal Filings

SEPTEMBER 12, 2024

Samsung : This was a case, from 2011 to 2018, where Apple took the word against Samsung, claiming infringement of its smartphone design and utility patents. 2] Adidas vs. The lawsuit raised an understanding of the value of enduring trademarks and the perils of “knock-off” designs. Foreign Cases Apple v.

Brands 98

Brands Branding Branding Trademark 98

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. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed.

Patent 59

Patent Inventor Patent Infringement Design 59

LexBlog IP

JULY 11, 2022

To start, Patent No. Kimberly-Clark Corp (2011) is the most recently published intellectual property case on toilet paper. In conclusion, the Court held that functionality cannot be trademarked and that the diamond design on toilet paper actually performs a function—something to consider the next time you run out.

Intellectual Property 52

Intellectual Property Publishing Design Designs 52