LexBlog IP

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 52

Litigation Patent Intellectual Property Branding 52

Patently-O

JANUARY 20, 2023

Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

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Patent Law Law Inventor Patent 96

Patently-O

JANUARY 10, 2023

Read : David Boundy, What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate , 2023 Patently-O Patent Law Journal 1 (2023) ( Boundy.2021.HowToUseGuidance Prior Patently-O Patent L.J. Pre-AIAPatents ).

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Journalism Trademark Patent Patent Law 56

The IPKat

AUGUST 24, 2023

While the AmeriKat is still recovering from 2020, her Belgian Katfriends sum-up what was 2022 in Belgian patent litigation 'Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2023.

Litigation 52

Litigation Law Patent Invention 52

Patently-O

FEBRUARY 23, 2022

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. Most litigated design patents are not found infringed. Walter’s data preceded the passage of the Patent Act of 1952.

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Design Patent Designs Design Patent 134

Patently-O

DECEMBER 20, 2022

From a patent law standpoint, the most interesting part of the appellate decision focuses on anticipation and the basic patent-law game show question “Is it Prior Art?” ” The purported prior art to the Ridge patent is a product manufactured and sold by Mosaic at a trade show. Is it Prior Art?

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Art Branding Brands Branding 124

Patently-O

SEPTEMBER 20, 2022

Although the Patent Act does not expressly declare “inventors-must-be-humans” or “no-robots,” since 2011 it has stated that inventors are “individuals.” 100(f)/(g) (2011). Thaler has been attempting to seek patent protection for two inventions created by DABUS, his AI computer.

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Inventor Invention Patent Law Patent 81

LexBlog IP

JULY 28, 2023

Citizens, a credit union based in Peoria, Illinois, obtained a federal trademark registration in May 2011 2011 for the mark CEFCU. In January 2011, SDCCU filed a trademark application for the tagline IT’S NOT BIG BANKING, IT’S BETTER and obtained a federal registration for the mark in April 2014. .”

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Trademark Registration Law Patent Law 52

JIPL Online

APRIL 22, 2021

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.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

The IP Law Blog

NOVEMBER 9, 2023

In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement. The ‘498 Patent was issued from this application in 2018. Supreme Court denied the petition, ending this litigation, but a number of questions remain. Hormel conducted testing at Unitherm and later at Hormel.

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Inventor Invention Art Patent 110

Patently-O

FEBRUARY 29, 2024

In that appeal, the court concluded that the strict requirements of judicial estoppel were not met — thus allowing AlexSam to later argue in litigation that the covenant did not prohibit its lawsuit. = = = An interesting aspect of this case is the question of why the Federal Circuit has jurisdiction over the case. patent laws.

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IP Watchdog

SEPTEMBER 19, 2021

patent laws enacted on September 11, 2011; one relating to the U.S. changing from first-to-invent to first-to-file, the other relating to the creation of the Patent Trial and Appeal Board (PTAB) and three new procedural mechanisms to invalidate issued patents. There were two revolutionary amendments to U.S.

Invention 72

Invention Patent Art Patent Law 72

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. ” In re Brimonidine Patent Litig., 35 U.S.C. § 355(j)(2)(A)(vii)(IV). 3d 1366, 1378 (Fed.

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Branding Brands Branding Marketing 87

Patently-O

MARCH 18, 2024

Campbell filed a provisional application in 2011 and a non-provisional in 2012 that eventually issued in 2016. The Patent Act includes a 6-year statute of limitations, but as written it only applies to cut-off recovery for patent infringement — and does not apply to lawsuits to correct inventorship. 663 (2014).

Patent 59

Patent Inventor Patent Infringement Designs 59

SpicyIP

OCTOBER 1, 2024

For instance, in 2011, Médecins Sans Frontières (MSF) reported that Gilead’s agreement to license several HIV/AIDS drugs to the Medicines Patent Pool could improve patient access to medicines, but notably excluded Brazil, China, and Russia, which have large populations living with HIV.

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Patent Application Patent Licensing Reporting 115

SpicyIP

MAY 8, 2022

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. Indian trade mark law acknowledges both positions.

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Intellectual Property Intellectual Property Law Registration Law 118

Patently-O

FEBRUARY 8, 2022

That prevision bars an IPR petitioner involved in patent litigation from asserting any invalidity grounds that the petitioner had “raised or reasonably could have raised during that inter partes review.” patent laws. The scope of estoppel provided by 315(e) has been subject to substantial litigation.

Litigation 56

Litigation Art Invention Patent 56

LexBlog IP

NOVEMBER 9, 2023

In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement. The ‘498 Patent was issued from this application in 2018. .” Supreme Court denied the petition, ending this litigation, but a number of questions remain. Also, Howard was not named as an inventor.

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Inventor Invention Art Patent 52

The IP Law Blog

NOVEMBER 3, 2022

In 2011 and 2016, Moderna filed several patents on its mRNA technology and vaccines, which issued in 2020 and 2021. Pfizer and BioNTech have stated that they did not use Moderna’s patented inventions, and that they will fully defend the case. Alternatively, the case may eventually settle with the defendants taking a license.

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IP Intellectual Property Technology Publishing 52

Patently-O

OCTOBER 4, 2021

Claim Preclusion (res judicata) prevents a party from re-litigating a claim once a court has issued a final judgment on that claim. Claim preclusion is powerful, in part, because it does not require the claim to be actually litigated (just be subject to the final judgment). Eldred , 206 U.S. 285 (1907). Eldred , 206 U.S. 285 (1907).

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Litigation Patent Infringement Patent Settlement 75

LexBlog IP

JUNE 15, 2022

One need only look at a recent Australian case also involving Thaler , where he was trying to establish an AI program as an inventor entitled to recognition under the patent laws. ” Thaler is also making AI patent inventorship claims (in his opening brief and later reply ) in a US case, Thaler v. Vidal , Case No.

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Inventor Copyright Art Intellectual Property 52

The IP Law Blog

MARCH 19, 2021

Judge Wallach was confirmed in November 2011 after being nominated by President Obama, and will take senior status after spending nearly a decade at the Federal Circuit. in 2017 that expanded the bar on competitor standing to appeal decisions from the Patent Trial and Appeal Board, and, Blackbird Tech LLC v. Immunogen, Inc.

Patent Law 52

Patent Law Patent Government Litigation 52