The IP Law Blog

APRIL 27, 2023

Any person other than the patent owner may file a petition for an IPR, challenging the patentability of any claim of an issued patent. In general, a petition cannot be filed until at least nine months after the grant of the patent.

Patent 98

Patent Litigation Patent Infringement Invention 98

SpicyIP

DECEMBER 2, 2024

Other Posts Book Launch: Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law (December 4, 2024) Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law by Adarsh Ramanujan, FCIArb is being released on December 4, 2024 at the Delhi High Court. In this post by Kartikeya S.,

Invention 52

Invention Trademark Reporting Editing 52

The IP Law Blog

MARCH 16, 2023

I recently wrote about the patent infringement lawsuit filed by Moderna against Pfizer/BioNTech over the COVID-19 vaccine. In its complaint filed in federal district court in Boston last August, Moderna alleged that Pfizer/BioNTech infringed three of Moderna’s patents in developing the Pfizer/BioNTech COVID-19 vaccine.

Technology 98

Technology Licensing Patent Application Patent Infringement 98

Patently-O

DECEMBER 5, 2022

Back in 2021, Bel Power sued Monolithic for patent infringement in Waco Texas. But, patent law is different. In the late 1800s Congress created a special venue statute for patent cases that has stuck despite changes in the general law. by Dennis Crouch. In re Monolithic Power Systems, Inc. 21-cv-00655.

Business 81

Business Patent Infringement Patent Patent Law 81

SpicyIP

MAY 8, 2022

For mine, it is the treatment of prosecution history in trade mark infringement proceedings. Regular readers of these pages will doubtless be familiar with prosecution history in relation to patent law. It is pressed into service across invalidation and infringement proceedings alike.

Intellectual Property 122

Intellectual Property Intellectual Property Law Registration Law 122

IP Tech Blog

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 98

Litigation Patent Intellectual Property Brands 98

SpicyIP

MAY 4, 2024

The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! coverage Genus and species patents Coverage v. Intas Pharmaceuticals 2020 SCC OnLine Del 2765 , Boehringer v. Reviving, (and at least temporarily settling!) Hoffmann LA Roche v.

Patent 105

Patent Invention Patent Law Law 105

The IP Law Blog

SEPTEMBER 30, 2021

Court of Appeals for the Federal Circuit validated a possible framework for courts and plaintiffs in patent cases to significantly speed up the process of serving complaints on foreign defendants. Brazos alleged that OnePlus has no place of business or employees in the United States.

Law 95

Law Technology Patent Infringement Patent 95

The IP Law Blog

MAY 11, 2023

The ‘911 patent relates to “extraction of pharmaceutically active components … more particularly … botanical drug substance (B.D.S.) UCANN filed for bankruptcy in 2020, which stayed the litigation. The parties stipulated to dismiss the infringement claims with prejudice in 2021. The stipulation made no mention of attorney fees.

Litigation 98

Litigation Art Patent Application Copying 98

IP Intelligence

OCTOBER 12, 2021

This ruling is significant in the realm of design patent law because it changes course from decades of prior practice at the PTO. 3] Of the 1,513 AIA petitions filed in fiscal year 2020, just 20 were directed to design patents, and only 14% of such petitions were instituted. 30, 2020), available at [link]. [4]

Design Patent 52

Design Patent Art Design Designs 52

The IP Law Blog

NOVEMBER 3, 2022

The time from when the coronavirus’ RNA sequence, identified by China, was published on January 11, 2020 to the date that clinical trials in the U.S. began in March 2020 was 66 days. From the date the RNA sequence was published to the date that a vaccine was first administered to the public, on December 11, 2020, was 11 months.

IP 52

IP Intellectual Property Technology Publishing 52

IP and Legal Filings

JANUARY 21, 2022

Also, Huawei wants to have a strong patent portfolio in the Chinese market where all such measures are more or less beneficial for it. After nearly a year of negotiations, talks between the two companies broke down in January 2020, after which Huawei filed several infringement lawsuits against Verizon in Texas courts.

Confidentiality 52

Confidentiality Marketing Marketing Licensing 52

The IP Law Blog

NOVEMBER 18, 2021

Patent and Trademark Office (the PTO) to review and potentially cancel claims in an already-issued patent that the PTO finds to be unpatentable in light of prior art. However, a party must first file a petition to institute an IPR of a patent. An IPR functions similar to a civil litigation once instituted. Lee , 136 S.

Litigation 75

Litigation Patent Technology Invention 75

LexBlog IP

APRIL 21, 2022

Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. These four types of inventions are referred to as patent-eligible subject matter. Some things, referred to as patent-ineligible subject matter, are not patentable: laws of nature, natural phenomena, and abstract ideas.

Invention 52

Invention Patent Patent Infringement Patent Law 52

Patently-O

SEPTEMBER 13, 2021

In patent infringement cases, it is well-established that a patentee’s damages should reflect only the value of the patented features of an infringing product. Thus, in assessing damages, courts routinely “apportion” the infringer’s profits between the infringing and noninfringing features of its product.

Licensing 56

Licensing Contracts Patent Law Law 56

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

Intepat

OCTOBER 6, 2024

While most patent offices, including the United States Patent and Trademark Office (USPTO), have ruled that AI cannot be listed as an inventor, the debate continues. As AI technologies evolve, regulators and lawmakers may need to revisit patent laws to accommodate the unique challenges posed by AI innovation.

Patent 52

Patent Intellectual Property Inventor Technology 52

The IPKat

SEPTEMBER 12, 2021

A primary motivation for Abbott's expedition application was to obtain a UK court decision on the validity of four European patents in order to influence a German court considering infringement of the German EP equivalents and to prevent the problems of the "injunction gap". Libre 2 was launched in October 2020.

Litigation 98

Litigation Patent Marketing Marketing 98

IP and Legal Filings

SEPTEMBER 13, 2022

Hindustan Metal Industries [(1979) 2 SCC 511] , is a mixed question of law and fact, however, the requirement of an ‘Inventive step’ having novelty and utility still remains a basic requirement for patentability. Should you go for Patents or Copyrights? In the case of Ferid Allani v.

Patent 52

Patent Invention Inventor Technology 52

The IPKat

JUNE 26, 2021

He pointed out that Regeneron v Kymab [2020] UKSC 27, the authority relied upon by Facebook which had ruled that a range needed to be enabled across its entire scope, only concerned ranges under the Regeneron sense but not other ranges. Facebook also submitted that claim 1 was not enabled over its whole breadth.

Invention 52

Invention Art Patent Contracts 52

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Justice Prathiba M Singh’s Commentary on patents law released.

Trademark 59

Trademark Registration Copyright Patent 59

Patently-O

OCTOBER 4, 2021

Kessler Doctrine is particular to patent law and falls somewhere in-between issue and claim preclusion–allowing preclusion in instances where it would not be traditionally available. 2020); ABS Glob., 1589, 1594-95 (2020) (rejecting “defense preclusion” as a cognizable doctrine). LLC , 961 F.3d

Litigation 75

Litigation Patent Infringement Patent Settlement 75

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

From 2019 to 2020, Ashley served as a judicial law clerk to the Honorable Kimberly A. with honors from Emory University, where she was the articles editor of the Emory Law Journal. with a patent law concentration with intellectual property certificate, from the University of Connecticut School of Law in 2013.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52