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The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March 31, 2023. We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. Click here to read more.
As patent litigators are well-aware, the Western District of Texas and the District of Delaware, the two most popular venues for patent litigation, each issued orders regulating litigation in their districts in 2022. So as of early 2023, what effect have those orders had on patent filings? of the 269 total patent cases.
Patent and Trademark Office (USPTO) today released an official Artificial Intelligence Strategy aimed at outlining the challenges faced by the Office both internally and externally, as the reach of AI impacts all aspects of innovation and society.
The Unified Patent Court ("UPC") and the unitary patent—which came into force in June 2023—were created at the request of European industry in order to benefit from a single title (the unitary patent) covering the territory of several European Union Member States (18 states to date), and a unified jurisdiction (the UPC) competent to sanction infringement (..)
Image from here IP Court watchers will be pleased to know that the Delhi High Court’s IP Division has published the 2023-24 edition of its Annual Report ! Praharsh had written about the first report published in April 2023. A total of 1977 cases across patents, copyrights and trademarks, were received from the IPAB in 2022.
In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings ( UPC_CFI_239/2023 ). Legal background: Equivalence around Europe The Unified Patent Court Agreement (UPCA) contains no specific provisions on the doctrine of equivalence.
In June 2023, as is widely known, more than 50 years of efforts to create a pan-European patent jurisdiction were finally successful and the Unified Patent Court opened its doors.
In this decision addressing the jurisdictional reach of the UPC jurisdiction to the UK post-Brexit, the Dsseldorf Local Division found that the UPC had jurisdiction over infringement of a UK patent right ( UPC_CFI_355/2023 ). Case background The case in UPC_CFI_355/2023 concerned European patent EP 3594009 B1 , owned by Fujifilm.
The Paris Local Division of the Unified Patent Court (UPC) first substantive decision on patent validity in DexCom v Abbott ( UPC_CFI_230/2023 ), provides some interesting commentary on how much the description should be taken into account when interpreting the claims. quoting UPC_CoA_335/2023 ).
This case addresses the ability of a petitioner in an IPR to present new evidence in a reply brief, particularly where the patent owner proposes a new claim construction in its patent owner response. Medtronic”) owns multiple patents relating to transcutaneous (i.e. Background Medtronic, Inc. Axonics, Inc.
The 2024 Indicator focuses on the developments from 2023 and compares it with the figures from 2022. As the name suggests, the report features facts and figures about different types of IPRs, but this post is limited to the numbers on Patents, specifically focusing on data about the Indian patent regime. years in 2023.
The Board of Appeal decision in T 0816/22 considered whether post-published phase III clinical trial data showing lack of efficacy can invalidate a second medical use patent that appeared plausible based on the data in the application as filed.
In the autumn of 2023, a storm brewed between two tech titans. Nokia, the Finnish telecommunications stalwart, filed lawsuits across four continents, alleging that Amazons streaming servicesPrime Video and Twitchhad woven its patented video technologies into their platforms without permission.
Here's what you need to know about these cases and other major decisions in 2023. Department of Justice to investigate attorneys practicing in his court, and the Federal Circuit vacated a huge infringement verdict.
For the third consecutive month, Tesla finds itself involved in a new patent infringement lawsuit, this latest time as a defendant in an action filed by Graphite Charging Company LLC on August 4, 2023 in the Western District of Texas. In litigation news. By: Mintz - Energy & Sustainability Viewpoints
It is time to vote for your favourite intellectual property law books of 2023 in the annual IPKat Book of the Year Awards! The IPKat team continues to read and review as many brilliant IP books as possible, of which there are many, for the Kat community.
Thank you to readers who voted for the IPKat book of the year awards 2023! Here are the nominees and winners: Best Patent Law Book The nominations, in no particular order, were: • Der patentrechtliche Schutz von Daten und seine Grenzen; Landscheidt, by Fabian Landscheidt. Patent Portfolio Management, A Practical Guide, by Ho Frattasi.
Image from the Report The US Trade Representative (USTR) released the Special 301 Report for 2023 on April 26, 2023, and has placed India in the ‘Priority Watch List’, yet again. Prabhat Kumar Saha highlighting certain concerns of the USTR in the 2023 Special 301 Report and assessing the same from a public health perspective.
As we predicted in our 2023 report, 2024 was a banner year for design rights in the U.S. Court of Appeals for the Federal Circuit (CAFC) agreed to consider en banc whether the long-standing design patent obviousness test required modification. and elsewhere. In last years report, we noted that the U.S.
by Dennis Crouch In a January 22, 2025 decision, the Federal Circuit once again maintained validity of Ravgen's fetal DNA testing patent. 2023-1989 (Fed. This companion case to the recent LabCorp decision addresses similar issues regarding both patentability and procedural requirements. The Technology :The patent at issue (U.S.
Cyntec”) owns patents directed to electronic components for automobiles known as chokes. Cyntec’s patents sought to solve this issue by claiming chokes with a combination of two different magnetic powders. Chilisin”) for patent infringement, alleging that Chilisin willfully manufactured and sold infringing chokes.
Rajya Sabha MP Haris Beeran wrote to the Minister of Health and Family Welfare on December 20, 2024, urging the Central Government to invoke Section 100 (1) of the Patents Act with respect to local production of the rare disease Spinal Muscular Atrophy (SMA) treating drug Risdiplam. 72 lakhs for children (12 bottles) and Rs 1.86
2023-1841 (Fed. Belanger sued Wash World for infringement of a patent related to a spray type car wash system. The jury returned a verdict finding that Wash Worlds Razor EDGE car wash system infringed certain claims of Belangers patent and awarding Belanger $9.8 Belanger Inc., Opinion by Stark, joined by Lourie and Prost.
Merck Patent GmbH, No. 2023-1027 (Fed. CQV petitioned the Patent Trial and Appeal Board for post-grant review of a Merck patent relating to alpha-alumina flakes with particular characteristics. Opinion by Cunningham, joined by Chen and Mayer.
On 2 June 2023, the Unified Patent Court (UPC) received its first patent challenge of its existence. The UPC is a new patents court which came into force on 1 June 2023, made up of judges who are nationals of EU Member states that are participating in the UPC. What is the UPC?
The Controller had rejected a patent application by Arcturus Therapeutics for the applicants inability to file its second written submission on time. Also, what does this tell about the quality of patent grant/ rejection orders? Her previous posts can be accessed here. Well take quick look at these pressing questions in this post.
Nokia announced today that it has signed a deal with Amazon to end all patent litigation between the two companies, the terms of which are confidential.
On September 6, 2024, House Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA) introduced the Patent Eligibility Restoration Act (PERA) to Congress. Senators Thom Tillis (R-NC) and Chris Coons (D-DE) introduced an earlier version of the bill to the Senate in 2023. In a press release from Rep.
The updated EPO Guidelines for Examination will enter into force on 1 March 2023. The main updates this year are those taking account of the new sequence listing standard, the imminent arrival of the Unified Patent Court and the new Rule 56a EPC on erroneously filed parts. A draft version of the Guidelines can be previewed here.
Written comments must be received on or before June 10, 2023. On March 16, 2023, the Copyright Office launched a new artificial intelligence initiative. Patent Office also has undertaken an AI initiative. It also announced an AI Inventorship Listening Session – East Coast for APR 25, 2023 in Alexandria, VA.
As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. A special thanks to Mr. G. Nataraj, Ms.
2023-1790 (Fed. Steuben sued Shibuya for infringement of three patents relating to systems for the aseptic packaging of food products. A jury returned a verdict finding the patent claims valid and infringed and awarding damages of more than $38 million. Steuben Foods, Inc. Shibuya Hoppmann Corp.,
Patent Application No. 18/140,658, entitled “Interacting with a Language Model using External Knowledge and Feedback,” in April 2023. Microsoft is developing a way to eliminate hallucinations, or false responses, in artificial intelligence (AI) models. It filed U.S. By: Robinson+Cole Data Privacy + Security Insider
by Dennis Crouch For decades the USPTO has issued patents each and every Tuesday -- with data being released typically at 12:01 a.m. Today's release wraps up 2024 and almost breaks a record with 7,499 utility patents issued -- the second most ever in any given week. To continue reading, become a Patently-O member. Eastern time.
The case addressed longstanding questions about the jurisdiction of European courts when patent invalidity is raised as a defence in an infringement case. The CJEU found that national courts maintain jurisdiction over infringement claims against defendants domiciled in their territory, even when invalidity of foreign patents is raised.
This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § patent system from a first-to-invent system to a first-to-file system.
Belanger , attempts to clarify an important distinction between apportionment and convoyed sales in patent damages jurisprudence, dissolving nearly $2.6 2023-1841, slip op. Continue reading this post on Patently-O. million from a jury’s $9.8 million lost profits award. Wash World Inc. Belanger Inc. , at 26 (Fed.
Inter partes activity involving design patents at the Patent Trial and Appeal Board (PTAB) was relatively low in 2024. The PTAB rendered just two inter partes decisions involving design patents: Next Step Group, Inc. IPR 2023-00658, Paper 16 (PTAB Aug. Deckers Outdoor Corp., IPR2024-00525, Paper 16 (PTAB Aug.
This case addresses how Patent Term Adjustment (PTA) interacts with obviousness-type double patenting (ODP). for infringement of four patents. Subsequently, Samsung requested four ex parte reexaminations asserting that the patents were unpatentable based on ODP, which was not raised by the examiner during prosecution.
2023-1841, slip op. Court of Appeals for the Federal Circuit (Federal Circuit) issued an opinion affirming a district courts judgement of infringement while vacating and remanding the district courts damages award, finding that there was insufficient evidence to support the damages ascribed to convoyed sales. Wash World Inc. Belanger Inc.,
PatKat reviewing the year It is time once more for the IPKat patent year in review! At the very least, LLMs have substantially lessened the burden of sourcing cat-themed patent blog illustrations. This week, the UK supreme court finally rejected the appeal by Dr Thaler to have DABUS named as an inventor on a patent application.
In this decision, the Board of Appeal upheld Inhibrx's European patent EP2812443 directed to a genus of anti-CD47 antibodies defined by their epitope binding and functional characteristics, finding both sufficient disclosure and inventive step. CD47 is a cancer antigen expressed on cell surfaces with a monomeric immunoglobulin-like structure.
Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion affirming the final written decisions of the Patent Trial and Appeal Board (“PTAB”) finding that two of Centripetal Network, LLC’s (“Centripetal”) patents directed to network security are unpatentable. 2023-1654, __ F.4th Centripetal Networks, LLC v.
This case addresses the validity of two patents asserted against wireless communications technologies. Patent Nos. 7,433,698 (the “’698 patent”) and 8,364,196 (the “’196 patent”). Patent Nos. 7,433,698 (the “’698 patent”) and 8,364,196 (the “’196 patent”).
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