SpicyIP

SEPTEMBER 29, 2024

on 23 August, 2024 (Delhi High Court) Image from here The plaintiff, proprietor of “HEALTH OK” trademark, accused the defendants of selling products under the confusingly similar mark “ALL OK+.” It observed that the Controller erred in determining novelty by failing to distinguish the specific features of the invention from the prior art.

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Patently-O

FEBRUARY 12, 2024

TaylorMade Golf Company teed off a dispute over golf club design and filed a patent infringement lawsuit on January 31 st, 2024, in the Southern District of California against Costco and Southern California Design Company alleging infringement and false advertising relating to five of TaylorMade’s patents related to golf irons.

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SpicyIP

OCTOBER 14, 2024

Shoe on 23 September, 2024 (Delhi District Court) The plaintiff sought a permanent injunction against defendants for infringement and passing off. Consequently, the Court granted a permanent injunction, ordered the defendant to deliver up all seized infringing goods for destruction, and awarded the plaintiff exemplary damages.

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The IPKat

AUGUST 21, 2024

The patent at issue in T 1259/22 , although relatively old (expiring August 2024 with SPCs), nonetheless highlights some of the key challenges for cell therapy IP strategy. Stem cell replacement therapy for cancer patients The patent in T 1259/22 ( EP2371361 ) related to a cell therapy treatment for cancer patients using plerixafor.

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Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed.

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Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. 256 to correct inventorship on an issued patent. The district court agreed, finding their contributions were significant to the conception of the claimed invention.

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SpicyIP

MARCH 11, 2024

Singh’s book on Patent Law is finally out. It has been published by Thomson Reuters in two volumes and was launched on 9th March 2024 by Union Finance Minister Nirmala Sitharaman at Pragati Maidan. Having started back in 2015 , Delhi High Court judge Justice Prathiba M.

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Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127. See Phillips v.

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IP Intelligence

SEPTEMBER 23, 2024

The decision from the district court aimed to resolve a lawsuit for patent infringement under 35 U.S.C. § 271(e)(2)(A) filed by the patent owner against various defendants [5] that centered on the defendants’ Abbreviated New Drug Application filings for approval to market generic versions of Myrbetriq. [6] 18, 2024). [3]

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SpicyIP

MARCH 25, 2024

They discuss how there is little to no evidence indicating that the delay in patent examination is attributed to these oppositions, and how these amendments can reduce scrutiny given in ensuring that only deserving patents are granted. Some Concerns about the Amendment Process to Key Patent Levers: A “Captured” Patent Office?

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SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., This has allowed parties with political, ideological, and other non-technical opposition to patent applications to unduly delay the process by raising a series of pre-grant challenges.”From

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SpicyIP

MARCH 26, 2024

Image by freepik Non-literal Infringement: Clarity or Confusion? By Vishno Sudheendra The Delhi HC on 5th March 2024 pronounced an order, in SNPC Machines Private Limited & Ors. Mr Vishal Choudhary , which discusses a case of non-literal infringement of a patented brick-making machine. ‘All Adie , (paywalled).

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Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. 21, 2024) (question paraphrased). Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Columbia Sportswear N. 23-1052 (U.S.

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LexBlog IP

JANUARY 22, 2024

On January 16, 2024, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office issued a Final Written Decision in a post-grant review (PGR) (PGR2021-00030) of claims in US Patent No. 10,808,039 (“the ’039 patent”) owned by Seagen.

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Patently-O

JANUARY 4, 2024

2, 2024) (non-precedential) [ PureCircle Decision ], the Federal Circuit affirmed a district court summary judgment siding against the patentee, PureCircle. PureCircle sued SweeGen for patent infringement back in 2018, asserting U.S. Patent Nos. The patents here claim a method of making Rebaudioside X.

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Patently-O

JANUARY 29, 2024

The question reads as follows: Under the Leahy-Smith America Invents Act (“AIA”), a party may challenge the validity of a patent in an inter partes review proceeding before the Patent Trial and Appeal Board (“PTAB”) and obtain a decision regarding the patent’s validity. The questions presented are: 1.

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Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. 2022-2207 (Fed.

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Patently-O

FEBRUARY 29, 2024

Breadth of the Covenant : The Federal Circuit held that the plain language of the covenant not to sue in the License Agreement between AlexSam and MasterCard was extremely broad, covering not just potential patent infringement suits but also AlexSam’s breach of contract suit to recover unpaid royalties under the Agreement.

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Patently-O

APRIL 2, 2024

27, 2024), the Federal Circuit affirmed the dismissal of a patent infringement lawsuit, holding that the asserted claims of Rady’s US10469250 were ineligible under 35 U.S.C. § At step two, the court concluded that the claims fail to recite elements that transform the abstract idea into a patent-eligible application.

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SpicyIP

DECEMBER 17, 2023

14 [Submissions by February 29, 2024] NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) is inviting submissions for its 14th Volume. The last date for submission of entries is February 29, 2024. 1253/DEL/2006 and 4197/DEL/2015) related to computer software based on earlier guidelines of the patent office.

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SpicyIP

AUGUST 12, 2024

SpicyIP Tidbit: BHC Directs Patanjali to Pay Additional 4 Crores in a Trademark Infringement Dispute After directing Patanjali to deposit INR 50 Lakhs in a trademark dispute, the BHC has now imposed a hefty cost of INR 4 crores on Patanjali. Read a quick SpicyIP tidbit on this below. Case Summaries Novartis Ag v. C2Sense, Inc v.

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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. Anything we are missing out on? Please let us know in the comments below.

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The IPKat

AUGUST 12, 2024

Nutricia also questioned the sufficient disclosure and inventive step of the application. Ultimately, the Board of Appeal dismissed the Opponent's arguments and decided to maintain the patent. While explaining this case, Rose Hughes pointed out the relatively low sufficiency bar in Europe for second medical use inventions.

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Patently-O

FEBRUARY 9, 2024

by Dennis Crouch The Federal Circuit recently upheld the US government’s royalty-free license rights over an Alzheimer’s disease research patent under the Bayh-Dole Act. February 9, 2024). On appeal, USF argued the statute requires the funding agreement predate the inventive work. University of South Florida Board of Trustees v.

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IPilogue

APRIL 22, 2022

ViiV alleges Gilead infringed upon patent 385 under the doctrine of equivalents, which has two exclusions: dedication-disclosure and specific exclusion. The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention.

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Patently-O

APRIL 16, 2024

This portion of the bill is entitled the “ Venue Equity and Non-Uniformity Elimination Act of 2024 or VENUE Act.” By allowing venue in districts where research and development, manufacturing, or implementation of the patented invention occurred, the bill recognizes the importance of these activities in patent disputes.

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