JD Supra Law

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 2020-1940 (Oct. 4, 2021), the Federal Circuit reversed a decision by the USPTO’s Patent Trial and Appeal…. By: Quarles & Brady LLP

Design Patent 98

Design Patent Design Designs Patent Law 98

Intellectual Property Law Blog

OCTOBER 8, 2021

The Federal Circuit created controversy in 2020 over its application of the Supreme Court’s subject matter eligibility jurisprudence by finding a method of manufacturing an automobile propshaft ineligible for patent protection. patent law to accommodate and encourage technologies that will drive the Fourth Industrial Revolution.

Inventor 189

Inventor Patent Invention Technology 189

Patently-O

FEBRUARY 24, 2022

The Kessler Doctrine : If you want to really dig into this case, please read my article on the topic that I wrote for an Akron Law review IP symposium issue. Dennis Crouch & Homayoon Rafatijo, Resorbing Patent Law’s Kessler Cat into the General Law of Preclusion , 54 Akron Law Ref. 2022)(forthcoming).

Patent Law 95

Patent Law Law Patent Litigation 95

Patently-O

OCTOBER 4, 2021

But how much it matters depends: as the graphs below show, patent lawsuits overwhelmingly continue to feature pre-AIA patents. We estimate that ~90% of patent litigations initiated in 2020 included a patent with an effective filing date before the AIA transition date of March 16, 2013. Prior Patently-O Patent L.J.

Journalism 105

Journalism Art Patent Law Invention 105

The IPKat

JULY 13, 2021

The Belgian cat is pricking her ears to catch up on last year's patent cases Still finding it difficult to keep up with an ever-changing world in the midst of a health, environmental, social and political crisis, while keeping up with patent law? Court of Appeal of Brussel, 5 May 2020, Mylan BVBA v.

Litigation 69

Litigation Law Patent Invention 69

JD Supra Law

APRIL 4, 2024

On December 21, 2023, more than three years after the amendments to the Patent Law in 2020 (2020 Patent Law), the Implementation Regulations of the Patent Law (Rules) and the Guidelines for Patent Examination (Guidelines) were issued and came into force on January 20, 2024.

Patent Law 55

Patent Law Law Patent 55

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. After talking again with Jane, EL decided to patent the device. He initially filed a provisional patent application in June 2020. The non-provisional patent application included the following two claims: 1.

Patent Law 78

Patent Law Law Patent Patent Application 78

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. Click-To-Call Techs.,

Patent Law 75

Patent Law Law Patent Art 75

IPilogue

SEPTEMBER 28, 2021

The two creators listed DABUS as the inventor on two applications for patents for the inventions of a light beacon and a food container. United Kingdom: Thaler v The Comptroller-General of Patents, Designs and Trade Marks [2020] EWHC 2412 (Pat). The judge stated that DABUS is not the inventor and cannot be the inventor.

Technology 111

Technology Inventor Patent Patent Law 111

SpicyIP

AUGUST 12, 2021

Before his stint with Vidhi, Rahul has worked as a law clerk for Justice D. Y Chandrachud (2020-21) and is a Rhodes Scholar (2018). This is especially worrying since it is common knowledge that Indian patent law contains robust flexibilities to promote patient interest. Readers can access posts by Rahul here. .

Licensing 134

Licensing Government Reporting Patent Law 134

Patently-O

SEPTEMBER 6, 2022

The allegation was that Allergan fraudulently obtained patents covering Alzheimer’s drug treatments with the result of inflated Medicare drug prices. government since 1863 (the “Lincoln Law”) and is designed as a mechanism for catching (and thus deterring) fraud against the Federal Government. Silbersher v.

Patent Law 61

Patent Law Law Patent Prosecution Patent 61

Fish & Richardson Trademark & Copyright Thoughts

JULY 11, 2022

Put simply, the Orange Book provides a public notice function for the patents that cover FDA­ approved drugs and/or methods of uses for those drugs. The Orange Book Transparency Act of 2020, commonly called the Orange Book Act, largely codified in statute pre-existing federal regulations, although it does provide some helpful guidance.

Patent Law 90

Patent Law Patent Brands Branding 90

IP and Legal Filings

NOVEMBER 7, 2022

The goal of competition law is to ensure fair functioning of the market. [1] 1] At a glance both the laws may seem to be conflicting but Intellectual property ensures fair amount of competition in the market which is also the goal of competition law. [2] STATUTORY TUSSLE OF JURISDICTION BETWEEN PATENTS ACT AND COMPETITON ACT.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

Patently-O

AUGUST 21, 2023

By Jason Rantanen I’m getting ready to teach my Fall 2023 Patent Law class, and that means updating the granted utility patents graph that I do every few years. utility patents granted per year from 1840-2022: Data for 2023 isn’t included in the table, but as of July 25, 2023, the authority file contains just 171,556 patents.

Patent 98

Patent Patent Law Publishing Reporting 98

JD Supra Law

AUGUST 25, 2021

On May 26, 2021, the United States Patent and Trademark Office (“USPTO”) finalized the amendments to the Rules of Practice in Patent Cases as well as the rules regarding Representation of Others before the United States Patent and Trademark Office, found in the Code of Federal Regulations, 37 C.F.R. 11.1 – 11.901.

Patent Law 52

Patent Law Patent Law Trademark 52

IPilogue

MARCH 1, 2023

The appeal raised issues about (i) whether the specific claim in the patent protecting the invention at issue was invalid due to overbreadth, and (ii) whether the plaintiff was entitled to injunctive relief if the patent was held to be valid. 57 of the Patent Act is the usual remedy that upholds the bargain theory of patent law.

Intellectual Property 111

Intellectual Property Patent Troll Invention Patent Law 111

LexBlog IP

OCTOBER 6, 2021

A recent decision of the United States Court of Appeals for the Federal Circuit has fundamentally altered the law on prior art anticipation for design patent applications. 2020-1940 (Oct. There is an old maxim in patent law, which states: “That which infringes if later, anticipates if earlier.” Active Mfg.

Design Patent 52

Design Patent Design Designs Patent Law 52

Patently-O

FEBRUARY 23, 2022

So these studies can’t tell us much about what’s going on in the Federal Circuit era, unless one assumes—unreasonably—that the Federal Circuit didn’t meaningfully change design patent law. We note that our findings are consistent with what Professor Crouch found in his 2010 study of design patent examination.).

Design Patent 134

Design Patent Design Designs Patent 134

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 19, 2020

Southern California Principal William Hunter was recognized as a 2020 Leader in Law by the San Diego Business Journal. He has garnered expertise in patent prosecution, freedom to operate studies, and the intersection of patent law with other areas of intellectual property.

Journalism 40

Journalism Business Law Patent Prosecution 40

Patently-O

OCTOBER 31, 2022

George Washington University Law School Professor Dmitry Karshtedt has passed. We often had different ways of thinking about patent law, and I always hoped that some day we might have time to write something together. He joined GW Law in 2015 after a fellowship at Stanford and received tenure in 2020.

Inventor 110

Inventor Law Patent Law Publishing 110

IP and Legal Filings

OCTOBER 28, 2022

Most significantly, “the development of blockchain technology” has been accepted as a legal business activity by the Indonesian standard industrial business categorization code, which was published in 2020. 5 of 2020, dated November 16, 2020, regarding ESP in the Private Sector, as amended by MOCI Regulation No.

Non-Fungible Tokens 98

Non-Fungible Tokens Intellectual Property Registering Trademarks Trademark Law 98

Patently-O

OCTOBER 28, 2021

Gugliuzza, Professor of Law, Temple University Beasley School of Law and Jonas Anderson, Associate Dean for Scholarship and Professor of Law, American University Washington College of Law. patent litigation. In 2019, 217 patent suits were filed in Waco.

Litigation 128

Litigation Settlement Patent Law 128

The IPKat

JANUARY 17, 2023

Legal Background - Selection Inventions and subranges European patent law considers a selection of subrange from the prior art as being novel if: a) the selected subrange is narrower than the known range, and b) the end-points of the claimed range are sufficiently far removed from the individual elements disclosed in the prior art.

Invention 140

Invention Art Law Patent Law 140

The IPKat

MARCH 2, 2022

He is the author of over 60 publications on intellectual property law and is co-editor of the Research Handbook on Intellectual Property and the Life Sciences. and international patent law to postgraduate law students and he is an expert on the patent provisions of the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights.

Intellectual Property 95

Intellectual Property Intellectual Property Law IP Patent Law 95

The IP Law Blog

DECEMBER 7, 2023

billion for literal infringement of one patent and $675 million for infringement under the doctrine of equivalents of a second patent. Then, on September 2, 2020, Intel filed its motion to stay in light of the new license defense. Then, on September 2, 2020, Intel filed its motion to stay in light of the new license defense.

Licensing 117

Licensing Government Patent Litigation 117

Patently-O

JANUARY 10, 2023

Read : David Boundy, What Every Patent and Trademark Lawyer Should Understand About the MPEP, TMEP, and Other Guidance: How to Use (and Defend Against) the MPEP to be a Better Advocate , 2023 Patently-O Patent Law Journal 1 (2023) ( Boundy.2021.HowToUseGuidance Prior Patently-O Patent L.J. Pre-AIAPatents ).

Journalism 56

Journalism Trademark Patent Patent Law 56

Patently-O

AUGUST 4, 2021

It should be noted however that the ongoing patent reform in South Africa provides for training and infrastructure upgrades to accommodate a shift towards implementing SSE. Does substantive South African patent law preclude AI inventorship? 275 (2020). 1] Hay v African Gold Recovery Co 1902 TS 232 p 233. [2]

Invention 128

Invention Patent Inventor Intellectual Property 128

The IP Law Blog

FEBRUARY 24, 2022

The case was originally schedule for trial on March 23, 2020. Defendants argued that any prejudgment interest calculation should exclude the period of time that the trial was continued due to the COVID-19 pandemic.

Patent 98

Patent Patent Law Law Intellectual Property 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 IPKat

SEPTEMBER 16, 2021

The authors must have been quite busy, particularly in the past two years, diligently tracking the frequent IP law revisions (Trade Mark Law, Anti-Unfair Competition Law Revisions in 2019; Copyright Law and Patent Law Revisions in 2020) and, of course, the promulgation of the Civil Code (and the IP-related provisions therein) in 2020.

Intellectual Property Law 131

Intellectual Property Law Intellectual Property Editing Law 131

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). What should I call them now? Mosaic Brands, Inc. 4th — (Fed.

Art 124

Art Branding Brands Branding 124

SpicyIP

JANUARY 23, 2022

Online Course for Patent Agent Exam Preparation [February 5]. It is that time of the year when preparation is going on for the Patent Agent Examination. This time the examination was supposed to be held in 2020 but has now been fixed for May 2022.

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105

Patently-O

NOVEMBER 15, 2023

Even some judges on the Federal Circuit have labeled the eligibility framework as an “incoherent doctrine” [1] that might tempt district courts into “an effective coin toss,” [2] while others have openly confessed that “the nation’s lone patent court … [is] at a loss as to how to uniformly apply § 101.” [3] Mayo , 927 F.3d 3d 1333 (Fed.

Patent Law 75

Patent Law Law Patent Litigation 75

LexBlog IP

DECEMBER 21, 2023

The Court further noted that where a party does not raise any arguments with respect to any other claim limitation, or otherwise separately argue for the dependent claim, the dependent claim stands or falls together with the independent claim (citing Genentech, Inc. Hospira, Inc. , 3d 1333, 1340 (Fed.

Patent Law 52

Patent Law Patent Law Art 52

The IP Law Blog

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 98

Invention Patent Patent Law Patent Infringement 98

SpicyIP

MAY 8, 2022

Regular readers of these pages will doubtless be familiar with prosecution history in relation to patent law. Indian trade mark law acknowledges both positions. Where its understanding of prosecution history diverges from patent law is in how it is applied. Avoiding Landmines Marked ‘Generic’ or ‘Descriptive’.

Intellectual Property 122

Intellectual Property Intellectual Property Law Registration Law 122

JD Supra Law

MARCH 8, 2022

2020-2342 (Fed. 1, 2022) - The Federal Circuit issued only one precedential decision this week relating to a patent case. On this appeal—the fourth in the case—the issues were far removed from issues concerning patent law, and instead related to modifications of consent orders. DBN Holding, Inc.

Patent Law 52

Patent Law Law Patent 52