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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ).

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Celanese v. ITC: Can a Secret Manufacturing Process Be Patented After Sale of the Resulting Product?

Patently-O

In 2016, over a year after it began selling Ace-K, Celanese filed patent applications on its heretofore secret Ace-K process. Celanese sued Jinhe for patent infringement at the International Trade Commission (ITC). The case has major implications for the relationship between patent rights and trade secret rights.

Patent 40
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Patentability Search of Software in India

IP and Legal Filings

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

Patent 52
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Is Messenger RNA Patent-Eligible?

SpicyIP

Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Section 3 of the Patents Act, 1970 is the key section on “patent eligibility” and lists out what are not “inventions”. Is Messenger RNA Patent-Eligible? Is Messenger RNA Patent-Eligible?

Patent 78
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Trinity Info Media, LLC, fka Trinity Intel Media, LLC, v. Covalent, Inc., No. 2022-1308 (Fed. Cir. July 14, 2023) (“Opinion”)

LexBlog IP

This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § Background Trinity sued Covalent for patent infringement of U.S. Patent 9,087,321 (“the ’321 patent”) and U.S.

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Keeping up with Belgian patent litigation: Year case law review 2021

The IPKat

MYLAN BV and SANDOZ BV One of the first patent cases decided in 2021 was an SPC case between MSD and Apotex, where the Brussels Enterprise Court had to decide whether an SPC could be granted for the combination of ezetimibe and simvastatin, even if a previous SPC had already been granted for ezetimibe alone based on the same patent.

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Inventorship Correction Affirmed for Patent on Intermodal Container for Transporting Gaseous Fluids

Patently-O

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. Campbell filed a provisional application in 2011 and a non-provisional in 2012 that eventually issued in 2016.

Patent 57