IP Tech Blog

MARCH 5, 2024

The Guidance acknowledges the importance of human inventors in AI-assisted inventions, so that the patent system can continue to incentivize and reward human ingenuity. Vidal , which held that “only a natural person can be an inventor,” and consequently, that an AI system cannot assume that role. In compliance with section 5.2(c)(i)

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The IPKat

JANUARY 12, 2024

AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK is hosting their first event of 2024 and it's a good one - and online! It is not an unusual sight to see a fully Lycra-clad patent litigation partner or barrister circulating at an IP seminar.

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IP Intellectual Property Law Law Invention 64

43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. 30, 2024) (R&R) Recommendation: Dastar should block Qingdao’s Lanham Act false advertising counterclaims based on Lashify’s claim to be the originator of lash technology, but false patent marking counterclaims should survive. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., W-22-CV-00776-ADA-DTG, No.

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False Advertising Advertising Advertising Patent 59

Erik K Pelton

MAY 28, 2024

Pelton & Associates, PLLC ® (“EMP&A”), in response to the Notice of Proposed Rulemaking, published on March 26, 2024, in the Federal Register at 89 Fed. 20,897 (March 24, 2024) (“Rulemaking”). trademark prosecution, maintenance, and litigation. Since 1999, EMP&A has represented thousands of clients in U.S.

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Patently-O

APRIL 21, 2023

At the time Amgen’s acquired apremilast, Celgene was involved in Hatch-Waxman litigation with numerous generic challengers, including Sandoz. in 2028, six years prior to the expiry date of the latest-expiring Amgen patent asserted in litigation.” billion for Amgen. The primary patent asserted is U.

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Inventor Patent Art Litigation 91

Patently-O

JANUARY 18, 2024

Three amicus briefs, by US Inventor, Centripetal Networks, and Ron Katznelson support these arguments. The case also included a forum selection clause requiring litigation of disputes in Nevada Courts. The case, New Vision Gaming v. LNW Gaming, 20-1400 (Fed. US7451987 and US7325806. Unified Patents LLC , 15 F.4th 4th 1146 (Fed.

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Litigation Inventor Reporting Patent 58

LexBlog IP

FEBRUARY 7, 2024

However, the use of AI in litigation also bears risk, as highlighted by a recent First-tier Tribunal (Tax) decision, where an appellant had sought to rely on precedent authorities that, in fact, were fabricated by AI (a known risk with AI using large language models, referred to as hallucination). [1] 2] Ibid , at para. 3] Ibid , at para.

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Patently-O

JUNE 27, 2024

Seven petitions remain undecided and the court will pick them up again when it begins the 2024 term in late September. 23-1142) This case raises several issues related to patent infringement litigation, particularly focusing on the rights of individual inventors and small entities. This post briefly reviews these cases.

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IPilogue

APRIL 22, 2022

Under this doctrine, the inventor could not then sue another for using the three-wheeled or four-wheeled design. Pursuing protracted lawsuits in Canada , Australia and elsewhere could exponentially increase litigation costs if the matter were left to courts. There are also significant profits at stake.

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Patent Settlement Invention Inventor 120

LexBlog IP

SEPTEMBER 13, 2022

According to Regeneron, “[b]ecause FDA could approve Mylan’s proposed Eylea® biosimilar in May 2024,” a trial is needed no later than June 2023, “so that Regeneron may avail itself of the relief provided by § 271(e)(4)(D).” 271(e)(4)(D). .” 271(e)(4)(D). .” 271(e)(4)(D).

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Inventor Patent Litigation Reporting 52

Patently-O

JULY 18, 2024

July 18, 2024) , the Federal Circuit affirmed a district court’s judgment on the pleadings that the asserted claims of Miller Mendel’s U.S. By Dennis Crouch In Miller Mendel, Inc. City of Anna, Texas , No. 2022-1753 (Fed. 10,043,188 (‘188 patent) are ineligible for patent protection under 35 U.S.C. § 3d 607 (Fed.

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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. Chapter 21 explains the general practice and procedure of patent litigation, including case management conferences.

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Law Editing Patent Intellectual Property 60

IP.com

MAY 15, 2024

Seamlessly integrated into our industry-leading IQ Ideas+™ platform, CompassAI is set to redefine how inventors, engineers, and enterprises discover and assess solutions of any scale. LEARN MORE

Technology 52

Technology Invention Copyright IP 52

IP.com

APRIL 30, 2024

Seamlessly integrated into our industry-leading IQ Ideas+™ platform, CompassAI is set to redefine how inventors, engineers, and enterprises discover and assess solutions of any scale. LEARN MORE

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Technology Invention Copyright IP 52

Patently-O

MARCH 31, 2024

27, 2024), involved patents relating to tamper-resistant and tamper-evident food containers. Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. Lacerta Group, LLC , No.

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Invention Copying Licensing Art 58

LexBlog IP

MARCH 11, 2024

Accordingly, the USPTO responded to its first directive and issued its Inventorship Guidance for AI-Assisted Inventions on February 13, 2024. [2] Instead, an analysis utilizing the Pannu factors determines if the human inventor(s) has made a significant contribution to each claim in the patent or patent application.

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Invention Inventor Intellectual Property Patent 52

Patently-O

FEBRUARY 26, 2023

Does it matter whether the person doing the using is a member of the public, as opposed to the inventor? Most cases of “public use” have involved use by at least one member of the public—“a person other than the inventor who is under no limitation, restriction or obligation of secrecy to the inventor.” forthcoming 2024).

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Public Use Inventor Invention Art 91

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. Under § 256, correcting inventorship requires comparing the alleged co-inventor’s contributions against the invention as claimed. Tube-Mac Indus., Campbell , No.

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Patent Inventor Patent Infringement Designs 58

Patently-O

JANUARY 11, 2024

1988) and its seminal “ Wands factors” that are regularly relied upon by patent examiners and litigants to assess if PHOSITA would need to conduct an unreasonable amount of experimentation in order to make and use the invention. Most notably, Amgen does not mention In re Wands , 858 F.2d 2d 731 (Fed. Genentech, Inc., 4th 1362 (Fed.

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Trading Secrets

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler.

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Copyright Intellectual Property Fair Use IP 52

Patently-O

APRIL 1, 2024

by Dennis Crouch In April 2024, the Federal Circuit issued a significant decision vacating a district court’s judgment that Janssen Pharmaceuticals’ dosing regimen patent claims were nonobvious. Janssen Pharms., Teva Pharms. USA, Inc. , 2022-1258 (Fed. The case involved Janson’s U.S.

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Art Invention Patent Inventor 40

LexBlog IP

NOVEMBER 2, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler. § 101.

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Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Specifically: AI Inventorship: The Executive Order mandates the USPTO Director to publish, by the end of February 2024, guidance to the USPTO’s patent examiners and applicants addressing inventorship and the utilization of AI, including generative AI, in the inventive process. See our prior post on issues raised by Thaler. § 101.

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Copyright Intellectual Property Fair Use IP 52

SpicyIP

MARCH 26, 2024

By Vishno Sudheendra The Delhi HC on 5th March 2024 pronounced an order, in SNPC Machines Private Limited & Ors. Vishno is a second year law student at the NLSIU, Bangalore. His previous post can be accessed here. Image by freepik Non-literal Infringement: Clarity or Confusion? Hill & Smith Ltd.

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Invention Patent Inventor Licensing 49

Patently-O

JUNE 4, 2024

USPTO Patent News: Patent number 12 million issued on Tuesday, June 4, 2024, to Pacific Biosciences of California. McCoy Midwest Regional Office (Detroit) , where he will oversee outreach efforts while serving inventors and entrepreneurs in the Midwest region. Damian Porcari, who led the office for five solid years, retired in 2023.

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Patent Prosecution Patent Patent Application IP 45

Patently-O

APRIL 27, 2024

The new rule was announced on April 23, 2024 following a 3-2 vote by the FTC Commissioners (along party lines, with Democrats in the majority). It is set to take effect 120 days later (August 21, 2024). ” Zhaozhao He, Motivating Inventors: Non-Competes, Innovation Value and Efficiency 21 (2023). Chamber of Com.

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