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.

Art 126

Art Journalism Patent Law Invention 126

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

Patent Troll 124

Patent Troll Patent Litigation Inventor 124

Larson & Larson

NOVEMBER 12, 2024

Track One Patent Applications: Accelerating Your Path to Patent Protection After nearly 15 years of shepherding inventors through the patent process, I’ve seen firsthand how crucial timing can be in protecting intellectual property. Here’s what you need to know about this accelerated pathway to patent protection.

Patent Application 40

Patent Application Patent Marketing Marketing 40

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

IP Close Up

JANUARY 30, 2024

Since China became worldwide leader in patent applications in 2011, overtaking Japan, the number of its applications have soared. The question today is not so Continue reading

Patent Application 102

Patent Application Patent Licensing Intellectual Property 102

IP Intelligence

AUGUST 22, 2023

According to Docket Navigator, 2022 was the first year since 2019 that the annual number of new patent cases fell below 5,300. [1] 1] Before 2019, the annual number of new cases had not been below 4,300 since 2011. [2] 3] Compared to 2020 and 2021, last year had approximately 200 fewer new patent litigation proceedings in the U.S.

Litigation 52

Litigation Patent 52

Likelihood of Confusion

JULY 22, 2021

First posted August 7, 2011. Tech News World asked me a couple of days ago about whether it wasn’t pretty unusual to see parties to litigation. The post Best of 2011: Talking the talk appeared first on LIKELIHOOD OF CONFUSION™. The Android talk, that is.

Litigation 40

Litigation Law Patent 40

IP Watchdog

APRIL 5, 2022

Patent and Trademark Office's (USPTO's) Patent Trial and Appeal Board (PTAB) denied petitioner OpenSky Industries’ request for rehearing of an earlier decision denying institution of inter partes review (IPR) of one of two VLSI patents supporting a massive $2.2 On March 28, the U.S. billion infringement damages verdict in U.S.

Invention 116

Invention Patent Trademark Law 116

JD Supra Law

SEPTEMBER 20, 2024

After ten years of litigation, the Federal Circuit found that the district court conducted an improper collateral estoppel analysis and upheld ParkerVision’s position on each of the appealed issues.

Patent 65

Patent Litigation Technology 65

SpicyIP

OCTOBER 1, 2024

The Indian Patent Office (IPO) is set to hear objections against Gilead Sciences’ patent claims for Lenacapavir, an HIV drug. This situation highlights the ongoing struggle between patent protections and access to essential medicines. The looming threat is the pending patent applications by Gilead in India.

Patent Application 124

Patent Application Patent Licensing Reporting 124

The IPKat

FEBRUARY 22, 2025

The case highlights some interesting aspects of pharma IP strategy, particularly as related to manufacturing IP and whether this is best protected with patents or trade secrets. However, manufacturing patents bring with them a number of risks and potential pitfalls.

IP 64

IP Invention Art Designs 64

Indiana Intellectual Property Law

MARCH 21, 2023

(DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement. Since launching their website in 2011, Disintermediation has handled over one million chat messages. According to the Complaint, DSI’s software includes numerous technological improvements that were captured in a family of patent applications.

Patent Infringement 52

Patent Infringement Litigation Patent Patent Application 52

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. Deputy Controller of Patents & Anr.

Invention 52

Invention Patent Application Patent Intellectual Property 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 111

Patent Application Patent Trademark Patent Prosecution 111

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 : Ridge ‘808 patent was invalid as anticipated.

Art 124

Art Brands Branding Branding 124

Patently-O

OCTOBER 10, 2022

Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” 91, 114 (2011) (Breyer, J, concurring). Sandoz, Inc. ,

Patent Law 97

Patent Law Law Patent Invention 97

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

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 Brands 52

JD Supra Law

JULY 12, 2021

Don’t Panic - Facing an inter partes review (IPR) challenge is a new experience for many patent owners, even though IPRs have quickly become a preferred avenue for accused infringers and other interested parties to challenge the validity of an issued patent since their creation by Congress in 2011.

Patent 55

Patent Litigation 55

The IPKat

JANUARY 1, 2025

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. We appreciate all your work over the last two years and we wish you good luck with your future endeavours, Kevin!

Ownership 64

Ownership IP Registration Intellectual Property 64

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. Best mode can only be raised during prosecution and is not available as a validity defense in litigation. 282 (as amended by AIA 2011).

Inventor 105

Inventor Invention Art Litigation 105

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 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

IPilogue

AUGUST 30, 2021

The case, United States Patent and Trademark Office v. In 2011 and 2012, Booking.com applied to register “Booking.com” as a trademark associated with hotel reservation services with the U.S. In 2011 and 2012, Booking.com applied to register “Booking.com” as a trademark associated with hotel reservation services with the U.S.

Registration 105

Registration Trademark Journalism Intellectual Property 105

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

The IPKat

JULY 30, 2021

For his parting post, he returns to Germany and patent injunctions. As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ]. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

Patently-O

SEPTEMBER 15, 2021

Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. . Many of the AIA reforms strengthened our patent system. with the rest of the world.

Invention 131

Invention Intellectual Property Inventor Intellectual Property Law 131

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

Patently-O

SEPTEMBER 9, 2021

As is usual these days, ELCO turned-around and filed an inter partes review petition — challenging the patent’s validity based upon a 2011 product catalog (printed publication) that had featured the Hatteras lighting product. In the district court litigation, ELCO is seeking to use the single product to show each element.

Invention 78

Invention Art Litigation Public Use 78

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

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 biology and society from Cornell University in 2011. 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

SpicyIP

MARCH 7, 2024

This high-profile case revolves around allegations of patent infringement concerning two patents (“Suit Patents”), both relating to ‘Pertuzumab,’ a monoclonal antibody (Mab) biologic used in inhibiting tumor growth. Find it here. For example in Australian law, Rule 23.15

Patent Infringement 59

Patent Infringement Litigation IP Intellectual Property 59

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

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.

Inventor 81

Inventor Invention Patent Law Patent 81

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

The IP Law Blog

NOVEMBER 9, 2023

Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. 9,980,498 (the “’498 Patent”). Unitherm”), argued that it had rights to the patent because its president was an inventor and should be added to the patent. Iolab Corp.

Inventor 110

Inventor Invention Art Patent 110

IP Watchdog

JULY 17, 2023

Rockefeller University reversing a decision by the Patent Trial and Appeal Board (PTAB) that invalidated all claims from five SNIPR patents.

Patent 52

Patent Invention Technology Intellectual Property 52