Larson & Larson

FEBRUARY 23, 2023

On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act (“AIA”). Effective September 16, 2012, a third-party may submit prior art to the Patent Office. Among the changes created by the AIA, a new system was put into place for the submission of prior art to the Patent Office prior to patent issuance.

Art 40

Art Confidentiality Patent Application Invention 40

SpicyIP

MARCH 7, 2024

The general aim of the expert evidence, either court appointed or bench appointed, is to ‘educate the court’ and ‘assist the judge’ which in the realm of IP could be questions such as ‘invalidity of an inventive step’, ‘insufficiency of an inventive step’ or infringement etc.

Patent Infringement 58

Patent Infringement Litigation IP Intellectual Property 58

SpicyIP

JUNE 29, 2024

The core issue in these disputes is the alleged non-compliance with the stringent requirements of the Drugs and Cosmetics Rules, 1945, and the 2012 Biosimilar Guidelines. Despite these concerns, Biocon and Mylan prevailed in the legal proceedings. Keeping in mind this development, it seems like the case is far from being over.

Litigation 45

Litigation Confidentiality Marketing Marketing 45

LexBlog IP

APRIL 3, 2023

This decision indicates that an SEP owner sometimes might need to provide information to a prospective licensee (under a confidentiality agreement), although that may not be necessary for an experienced licensee who can consult existing patent licenses they have entered with others. non-discriminatory] part of FRAND).

Licensing 52

Licensing Technology Intellectual Property Patent 52

SpicyIP

FEBRUARY 23, 2025

A quick glance at last week – Madras HC accepts a US District Court’s Letter Rogatory to furnish confidential information, a look at Functional Fallacies in Thomson Reuters vs Ross Intelligence and many more. We also have the initiation of our attempt to bring IP conversations to wider audiences through multilingual writing!

Confidentiality 58

Confidentiality Trademark Copyright Infringement Music 58

SpicyIP

FEBRUARY 23, 2025

Softgel: The Errors of Comity The Madras High Court accepted a Letter Rogatory from The US District Court in Delaware directing India-based Softgel Healthcare to furnish confidential information to the US Court. The defendants argued that the plaintiffs were engaging in a fishing and roving inquiry into confidential business information.

Confidentiality 52

Confidentiality Trademark Copyright Infringement Music 52

Patently-O

OCTOBER 4, 2021

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? Stoll, Maintaining Post-Grant Review Estoppel in the America Invents Act: A Call for Legislative Restraint , 2012 Patently-O Patent Law Journal 1 ( Stoll.2012.estoppel.pdf

Art 126

Art Journalism Patent Law Invention 126

Patently-O

OCTOBER 4, 2021

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? Stoll, Maintaining Post-Grant Review Estoppel in the America Invents Act: A Call for Legislative Restraint , 2012 Patently-O Patent Law Journal 1 ( Stoll.2012.estoppel.pdf

Journalism 105

Journalism Art Patent Law Invention 105

Patently-O

JANUARY 10, 2023

Stoll, Maintaining Post-Grant Review Estoppel in the America Invents Act: A Call for Legislative Restraint , 2012 Patently-O Patent Law Journal 1 ( Stoll.2012.estoppel.pdf Paul Morgan, The Ambiguity in Section 102(a)(1) of the Leahy-Smith America Invents Act , 2011 Patently-O Patent Law Journal 29. ( Morgan.2011.AIAAmbiguities

Journalism 56

Journalism Trademark Patent Patent Law 56

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The Report and Recommendation, adopted by the court, acknowledged that the parties were “legally justified” in redacting “sensitive and confidential pre-litigation material reflecting the parties’ substantive exchanges during the non-public pretrial exchanges” under the BPCIA, among other sensitive material. (17-cv-01407, 17-cv-01407, Dkt.

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

DECEMBER 30, 2023

The Court reasoned that when the Act was amended in 2012 – internet broadcasting was not alien to India and if the Legislature intended Section 31D to apply to internet broadcasting, it would’ve done so by specifically amending the provision. Controller of Patents and Designs and Raytheon Company v. In Microsoft v.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

DECEMBER 31, 2024

Lava gave a mammoth 476 page judgement while dealing with issues related to novelty, inventive step, Section 3(k) and FRAND. Controller of Patents , issued on January 31 and April 15, respectively, provided much-needed clarity on how to perform the inventive step analysis. The judgement was passed by Justice Rajbir Sehrawat.

IP 105

IP Invention Patent Copyright 105