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 Designs Design Patent Law 98

Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

Patent Law 95

Patent Law Law Patent Litigation 95

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

Art 126

Art Journalism Patent Law Invention 126

Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

Design Patent 134

Design Patent Designs Design Patent 134

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. On appeal, Judge Brinkema agreed that Thaler and Abbott could not list DABUS as the inventor on a patent. Australia: Thaler v Commissioner of Patents [2021] FCA 879.

Technology 111

Technology Inventor Patent Patent Law 111

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? The issues addressed in the decisions discussed below are very diverse.

Litigation 69

Litigation Law Patent Invention 69

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. This year’s exam is very loosely based upon an interesting patent that I found associated with the Tow Whee product created by Eric Landis. After talking again with Jane, EL decided to patent the device. Question 3.

Patent Law 78

Patent Law Law Patent Patent Application 78

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

Journalism 105

Journalism Art Patent Law Invention 105

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

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. Mangrove Partners Master Fund, No.

Patent Law 75

Patent Law Law Patent Art 75

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 54

Patent Law Law Patent 54

Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

Invention 128

Invention Patent Inventor Intellectual Property 128

Fish & Richardson Trademark & Copyright Thoughts

JULY 11, 2022

A key part of the patent landscape, the Orange Book provides a reference list of therapeutics that the Food and Drug Administration (FDA) has approved, making it convenient for physicians to find generic equivalents. A key part of the patent landscape, the Orange Book provides a reference list of therapeutics that the U.S.

Patent Law 90

Patent Law Patent Branding Branding 90

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

SpicyIP

JANUARY 23, 2022

We’re pleased to inform our readers that our former blogger, Rajiv Choudhry is offering an online course for preparation for the upcoming Patent Agent exam on 5th February, 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.

Patent Drafting 105

Patent Drafting Patent Advertising Advertising 105

Patently-O

SEPTEMBER 6, 2022

Zachary Silbersher is a NY Patent Attorney. The allegation was that Allergan fraudulently obtained patents covering Alzheimer’s drug treatments with the result of inflated Medicare drug prices. Here, the basis of Silbersher claim stem from the prosecution history files of the Allergan patent applications. Silbersher v.

Patent Law 61

Patent Law Law Patent Prosecution Patent 61

Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

Design Patent 119

Design Patent Designs Design Patent 119

IP and Legal Filings

NOVEMBER 7, 2022

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. There has to be a perfect balance between patents law and competition law to provide economically meaningful monopolies. [3] Which will result into innovation in dynamic competition.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

The IP Law Blog

APRIL 27, 2023

An inter partes review (IPR) is a procedure in the Patent Trial and Appeal Board (PTAB) whereby a U.S. patent can be challenged in the Patent and Trademark Office (PTO). Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation.

Patent 98

Patent Litigation Patent Infringement Invention 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

JANUARY 10, 2022

Part 1: The Four Pillars of Patentability. Part 2: A Beginner’s Guide to Patenting Software and Artificial Intelligence. Patenting software, and inventions related to Artificial Intelligence (AI) and machine learning, known as computer-implemented inventions (CII) in patent lingo, is a complicated and evolving area.

Invention 104

Invention Patent Intellectual Property IP 104

IPilogue

SEPTEMBER 14, 2022

v Canada (Attorney General) the Federal Court has addressed a long-standing complicated issue in patent law, computer-related subject matter. The Federal Court adopted a new 3-step framework for assessing patentable subject matter in electronics and computer-implemented inventions. In the case of Benjamin Moore & Co.

Invention 105

Invention Patent Intellectual Property Inventor 105

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 Branding 98

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.” Under 35 U.S.C. §

Design Patent 52

Design Patent Designs Design Patent Law 52

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! Pic from here Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu By Shivam Kaushik A Division Bench (DB) of the Delhi High Court recently passed a judgment in Natco Pharma v.

Patent 105

Patent Invention Patent Law Law 105

IPilogue

MARCH 1, 2023

The students explored an interesting and complex moot problem about infringement of a patent protecting a novel method of using W-band frequencies for telecommunications. 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

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. But what do the numbers look like?

Litigation 128

Litigation Settlement Patent Law 128

SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. Anything we are missing out on?

Invention 52

Invention Trademark Reporting Editing 52

The IP Law Blog

DECEMBER 7, 2023

billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents. The verdict was for $1.5

Licensing 117

Licensing Government Patent Litigation 117

Patently-O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. Prior Patently-O Patent L.J.

Journalism 56

Journalism Trademark Patent Patent Law 56

The IP Law Blog

JANUARY 6, 2022

As background, on March 19, 2020, the court granted a motion to stay the instant case during the pendency of an inter partes review of one of the patents at issue. Thus, the court had to decide whether to stay the case for a second time pending review of one of the patents at issue.

Litigation 98

Litigation Patent Art Patent Law 98

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

While personalized medicine seems to be an essential of modern healthcare, it is also rather unclear how innovations that are developed for its purposes align with patentability requirements and, in general, the way the patent system operates. He teaches European, U.S

Intellectual Property 95

Intellectual Property Intellectual Property Law IP Patent Law 95

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). Summary Judgment : Ridge ‘808 patent was invalid as anticipated.

Art 124

Art Branding Branding Brands 124

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

The IPKat

JULY 16, 2024

This is a review of the twentieth edition of Terrell on the Law of Patents , which was released at the end of June 2024. Since the last edition in 2020, there have been significant developments in UK intellectual property law, although the effects of Brexit have been somewhat limited in the realm of patent law.

Law 64

Law Editing Patent Intellectual Property 64