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The UPC's first decision on infringement by equivalence (Plant-e v Bioo, UPC_CFI_239/2023)

The IPKat

In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings ( UPC_CFI_239/2023 ). Beyond this high-level guidance from Article 2 of the Protocol, the UPC faces the challenge of developing its own approach to assessing infringement by equivalence.

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Patent Law Exam 2023: Are you Smarter than a Law Student?

Patently-O

by Dennis Crouch The following is my patent law exam from this past semester. EL’s patent eventually issued in October 2023, with the claim as listed above. Question 4 : Based on these facts: Can EL make a case for patent infringement? What do you think?

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Supreme Court on Patent Law: November 2023

Patently-O

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. Realtime Data v. Fortinet, No.

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Logos Remain Relevant: Source Confusion and Design Patent Infringement

Patently-O

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. 2013) (“[The accused infringer] has in fact scrupulously avoided such confusion by choosing a starkly different logo that it prominently displays on its [products] and on all its sales and marketing literature.”).

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free speech protects allegations of patent infringement that aren't objectively baseless

43(B)log

Nu Tsai Capital LLC, 2023-1146, 2023 WL 2054370, F.4th Lite-Netics therefore could not be enjoined, using the tortious interference/defamation torts, from suggesting that HBL is a patent infringer, that HBL has copied Lite-Netics’s lights, or that HBL customers might be sued. 4th - (Fed.

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A Court Can Only Enjoin Public Accusations of Patent Infringement if They Are Objectively Baseless

LexBlog IP

Nu Tsai Capital, LLC, [2023-1146] (February 17, 2023), the Federal Circuit vacated a preliminary injunction against Lite-Netics patent-related speech, holding that the district court abused its discretion. Patent Nos. In Lite-Netics, LLC v.

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SpicyIP Weekly Review (November 25 – December 1)

SpicyIP

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?