Patently-O

FEBRUARY 24, 2022

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The settlement also included a license to thousands of Qualcomm patents. Genentech, Inc. ,

Patent Law 95

Patent Law Law Patent Litigation 95

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 54

Journalism Trademark Patent Patent Law 54

Patently-O

JULY 9, 2024

by Dennis Crouch I recently provided a set of interesting data on the large number of patents that are “at risk” of being invalidated based on the Federal Circuit’s Cellect decision. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system.

Patent 106

Patent Invention Patent Application Art 106

IP Watchdog

JULY 15, 2022

Clearing the air on labyrinthine subject-matter eligibility standards for computer-implemented inventions (CIIs), a Canadian Federal Court last month revisited the issue in Benjamin Moore & Co. Attorney General of Canada, 2022 FC 923.

Invention 63

Invention Intellectual Property Patent Application Patent Law 63

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. Read the full article on Managing IP. Inventorship in the US is a critical component of patent ownership.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

SpicyIP

MARCH 27, 2024

So, we dive into the dispute over the role of scientific advisers versus expert evidence in IP litigation. In a recent c a se , the English Patent Court dealt with the distinction between scientific advisers and expert evidence offering an intriguing insight into the matter.

Litigation 59

Litigation IP Intellectual Property Patent 59

The IPKat

JULY 30, 2021

Thus, the GPA will henceforth include an explicit proportionality defense to permanent injunctions in patent law. Reportedly, several German patent judges immediately commented along similar lines [ here ]. here , at 5]; novel generations of pharmaceuticals that make prior patent clearance difficult [e.g. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

Patently-O

JULY 24, 2024

Latty Distinguished Professor of Law and Co-Director, Center for Innovation Policy at Duke Law In a flurry of recent decisions, the Supreme Court has continued its skepticism of administrative agencies. Notably, the 2016 patent law case of Cuozzo v. A challenger wouldn’t necessarily have to hurry to the courthouse.

Law 51

Law Patent Litigation Patent Law 51

Patently-O

JANUARY 17, 2022

The Deepsouth case was about patented equipment for deveining shrimp in order to render them “more pleasing to the fastidious as well as more palatable.” Deepsouth litigated its case to the Supreme Court, and the Court eventually allowed the company to escape some portion of its adjudged liability based upon the territorial limits of U.S.

Patent 120

Patent Invention Litigation Patent Law 120

IP Watchdog

AUGUST 4, 2022

Lincoln listed the development of patent laws—along with the invention of writing and the discovery of America—among the most important events in world history. Patents have “peculiar value…in facilitating all other inventions and discoveries,” he said in a speech in 1858. But a recent ruling by the U.S.

Invention 140

Invention Inventor Patent Law Technology 140

IPilogue

NOVEMBER 3, 2022

Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. This exposes some concerns about our patent laws.

Patent Infringement 116

Patent Infringement Law Patent Ownership 116

IP Watchdog

JUNE 22, 2023

Sanofi upholds the Federal Circuit’s longstanding requirement to enable the full scope of a claimed invention. Since the Patent Act of 1790, patent law has required describing inventions with such clarity and specificity as to enable one skilled in the art to make and use the claimed invention.

Invention 81

Invention Art Patent Law Patent 81

The IPKat

MAY 31, 2023

The decision in Amgen v Sanofi thus does not change the status quo whereby achieving functional claim language for antibody inventions represents a significant challenge in the US. Enablement and Written Description In US patent law, there are two distinct sufficiency requirements: enablement and written description.

Invention 92

Invention Patent Patent Law Law 92

43(B)log

FEBRUARY 16, 2024

“[T]here must be a new or different false marking violation in order to properly apply the continuous violations theory, not merely a continuous posting of the same falsely marked article.” Lashify argued that it held a European patent for one product at the time it promoted that product. patent law.

False Advertising 59

False Advertising Advertising Advertising Patent 59

IP Intelligence

MARCH 7, 2022

Article 84 of the European Patent Convention (EPC) requires that the claims of a European patent application “shall define the matter for which protection is sought” and “shall be clear and concise and be supported by the description.”[i] which interprets the requirements of EPC Article 84. New Guideline F-IV 4.3

Patent Law 52

Patent Law Invention Patent Application Art 52

IP Watchdog

MAY 23, 2022

CLS Bank International, a subject which the Supreme Court has punted on dozens of times after handing out that landmark decision on the patentability of computer-implemented inventions back in 2014. patent law, while recent cert denials indicate other areas of patent law that are of no concern to the nation’s highest court.

Patent 88

Patent Patent Law Invention IP 88

SpicyIP

JULY 25, 2023

Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Section 3 of the Patents Act, 1970 is the key section on “patent eligibility” and lists out what are not “inventions”. Is Messenger RNA Patent-Eligible?

Patent 78

Patent Invention Litigation Law 78

Patently-O

FEBRUARY 13, 2023

Then came the patenting. Sywula was excluded from being listed as an inventor on the patents, including US11087250 and US11087252; and that was upsetting. In patent law, inventorship is tied directly to ownership. An inventor is a presumptive owner of any resulting patent rights. Seagate Technology LLC , 803 F.3d

Inventor 73

Inventor Ownership Invention Patent 73

IP Watchdog

SEPTEMBER 19, 2021

Now that the 10th anniversary of the America Invents Act (AIA) has passed, we can look back not only at the past decade, but also the reactions of various interested parties and how they responded to that anniversary. patent laws enacted on September 11, 2011; one relating to the U.S.

Invention 71

Invention Patent Art Patent Law 71

The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article. 35 USC section 171.

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

JULY 27, 2022

Reines Co-Chairs the nationwide Patent Litigation practice at Weil Gotshal. He represents CareDx and Stanford in the pending patent lawsuits. It would limit the patentability of new inventions in an entire scientific discipline merely based on a label.

Invention 61

Invention Art Patent Law 61

IP Watchdog

NOVEMBER 2, 2022

Eagle Forum Education and Legal Defense Fund and the Fair Inventing Fund filed briefs in support of the jump rope company while DivX filed in support of neither party.

Inventor 68

Inventor Invention Patent Infringement Patent Law 68

The IPKat

JANUARY 12, 2024

Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions. This conscious uncoupling of UK and EU laws introduces uncertainty in a number of areas, including in relation to intellectual property law, which for so long have been the focus of EU harmonising efforts.

IP 64

IP Intellectual Property Law Law Invention 64

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 103

Licensing Litigation Technology Patent 103

More Than Your Mark

AUGUST 20, 2021

the past decade, the use of 3-D printing has expanded rapidly, in part because the original intellectual property protections on the technology, first invented in the 1980s, expired, making it less expensive to produce the hardware and software involved in the 3-D printing process. 3-D Printing and Copyrights, Patents, or Trademarks.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Kashishipr

OCTOBER 20, 2021

On the other hand, international trade law recognizes that where a unique problem arises specifically referable only to a particular field of technology, a solution applying sui generis only to that field of technology cannot be said to be discriminatory according to the ordinary meaning and purpose of the TRIPS Agreement.

Patent 105

Patent Intellectual Property Inventor Government 105

The IP Law Blog

NOVEMBER 18, 2021

District Court for the Northern District of California, the Court upheld the Patent Trial and Appeal Board’s (PTAB) practice of denying patent reviews due to looming trials in district court. Under the America Invents Act (AIA), 35 U.S.C. § An IPR functions similar to a civil litigation once instituted. 100 et seq. ,

Litigation 75

Litigation Patent Technology Invention 75

Patently-O

APRIL 11, 2024

Section 271(f) deals with the exportation of components of a patented invention with an intent to assemble them abroad. Unlike § 271(f), § 271(a) has explicit territorial limits, limiting infringement acts of making, using, selling, or offer to sell the invention within the United States. 271(f) in WesternGeco LLC v.

Patent 80

Patent Invention Technology Patent Law 80

SpicyIP

AUGUST 15, 2021

In this post , Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. They conclude that judicially nudged use of patent law levers is critical for the deployment of flexibilities in our patent law for TB patients who desperately need access to these drugs.

Licensing 83

Licensing Government Reporting Patent Law 83

TraskBritt Intellectual Property

MARCH 30, 2021

In May of 2019, Tesla filed a patent application for “Pulsed Laser Cleaning of Debris Accumulated on Glass Articles in Vehicles and Photovoltaic Assemblies.” Also, obtaining patent protection will give Tesla leverage in negotiating for royalties from other manufacturers that desire to use the patented technology.

Patent Application 52

Patent Application Patent Invention Inventor 52

The IPKat

OCTOBER 13, 2023

This is less of an exaggeration than it first seems: the first-ever injunction decision by the brand new pan-European patent court is surely noteworthy. Already for this reason, NanoString’s argument that the patent covered a “de facto” standard could not succeed. Is there room for a proportionality assessment before the UPC?

Marketing 67

Marketing Marketing Technology Patent 67

SpicyIP

APRIL 7, 2024

To briefly point to much discussed worrisome provisions in the Annex of the Intellectual Property chapter: Article 11.7 Article 12, along with the recent amendments to the Patent Rules, restrict the obligation to disclose the “working” statement., India-EFTA and Patent rules : How it hurts Section 8. Article 13.2

Patent 72

Patent Patent Application Intellectual Property Law 72

LexBlog IP

SEPTEMBER 9, 2021

PatentNext Summary: In some instances, software-based patent applications can fail to include a sufficient algorithm describing “how” the software interacts with the underlying hardware of the invention. Therefore, as a general rule, software-related patents should include an algorithm. . §

Invention 40

Invention Patent Art Patent Application 40

IP Watchdog

OCTOBER 9, 2022

patent law. 112, the patent eligibility standard under the Court’s two-step framework for 35 U.S.C. § 101 subject matter eligibility, and whether institution decisions at the Patent Trial and Appeal Board (PTAB) violate constitutional due process. On October 3, the U.S.

Patent Law 58

Patent Law Patent Law Invention 58

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? For Article 3(a), “core inventive step” seems thus off the table.

Litigation 64

Litigation Law Patent Invention 64

43(B)log

JULY 15, 2022

Max Rack invented a piece of gym equipment, the Max Rack. Again I ask whether this is consistent with current Article III standing jurisprudence.] Max Rack did not have a “noticeably stronger” “litigating position” given Core’s payment of a lot of profits/royalties before trial. 4th -, 2022 WL 2751685 (6 th Circuit Jul.

Advertising 59

Advertising Advertising Licensing False Advertising 59