Remove 2011 Remove Intellectual Property Law Remove Litigation Remove Patent Law
article thumbnail

HOW INTELLECTUAL PROPERTY LAW CAN SOLVE LITIGATION SURROUNDING THE HATCH-WAXMAN ACT BROUGHT BY THE COURT’S DECISION IN BRAEBURN V. FOOD & DRUG ADMINISTRATION

JIPL Online

Litigation surrounding the three-year market exclusivity provision shows us not only how inherently ambiguous the provision is but also the need for a clearly defined standard. Here, patent law can be very helpful in determining whether a generic manufacturer satisfies the novelty, usefulness, and non-obviousness standards.

article thumbnail

Amendment of German patent law: small step or giant leap for proportionality?

The IPKat

Thus, the GPA will henceforth include an explicit proportionality defense to permanent injunctions in patent law. Reportedly, several German patent judges immediately commented along similar lines [ here ]. the German report to AIPPI's Q219 (2011): "injunctive relief must be granted if the IPR is found infringed"].

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Guest Post by Prof. Hrdy & Dan Brean: The Patent Law Origins of Science Fiction

Patently-O

Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. Brean, Senior In-House Intellectual Property Counsel, Respiratory Care, Philips. Are inventions described in works of science fiction patentable? Guest post by Camilla A. See [link].

article thumbnail

Inviting Into Our Consciousness: Prosecution History in Trade Mark Infringement

SpicyIP

Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi. Eashan writes about Indian intellectual property law on his Medium page.

article thumbnail

A PORTRAIT OF AN ARTIST AS A YOUNG…CODE(R)?: Why Understanding Artificial Intelligence & Real Creativity Shouldn’t Make The Artist A Dunsel

LexBlog IP

Thaler does not appear to want to make the best argument to register his intellectual property but to make the best arguments to have AI recognized as the creator of such IP. The question of whether the application that is the subject of this appeal has a human inventor has not been explored in this litigation and remains undecided.”