Garrigues Blog

JANUARY 12, 2022

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. All of us at the Garrigues IP Blog would like to wish you a very happy new year. What is the right of prior use or “pre-use”?

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Post-grant review was introduced by the America Invents Act (AIA) as a counterpart to inter partes review. As of September 16, 2012 post-grant review became available for covered business method patents irrespective of their priority date. Final Rules for Trials before the Patent Trial and Appeal Board.

Litigation 52

Litigation Settlement Patent Public Use 52

Patently-O

MARCH 4, 2024

The “on-sale bar” was the statutory hook that prevented an inventor from commercially exploiting a secret invention for several years and then also obtaining a patent monopoly. But, the problem is that the statute expressly asks whether the invention was “on sale.” Chisum, Chisum on Patents § 6.02[5][b]

Invention 40

Invention Patent Inventor Patent Application 40

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The parties are currently engaged in supplemental expert discovery on Hospira and Pfizer’s on-sale bar and public use defenses, and the court has resolved two discovery disputes this year stemming from these issues. For example, evidence was submitted that Hospira was not required by FDA to manufacture additional batches after 2012.

Litigation 52

Litigation Settlement Marketing Marketing 52

SpicyIP

JANUARY 5, 2024

According to the NIST, the US govt invests approximately $115 billion in R&D through various universities, non-profits, and businesses. March-in rights are provisions that allow the government to require a license for inventions stemming from this investment, upon the fulfilment of certain conditions.

Invention 69

Invention Government Intellectual Property IP 69

43(B)log

AUGUST 12, 2022

A: didn’t analyze interview data through that lens, but anecdotally they seemed to take each collaboration as they came and justified whatever practice they were using in each situation. In 2012, Equinox released unauthorized biopic of Winnie Mandela and she said it was garbage and nobody went to see it. (4)

IP 72

IP Public Domain Music Copyright 72