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Cooperative v. Kollective CAFC Decision Demonstrates Virtues of Consistent and Candid Patent Prosecution and Litigation

IP Watchdog

which reversed a Rule 12(b)(6) dismissal on patent ineligibility under 35 U.S.C. § This case demonstrates how an invention that is potentially assailable on eligibility grounds can be given its best chance by a focused, consistent and synergistic patent prosecution and litigation strategy.

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Principals Moritz Ammelburg and Peter Fasse Author Managing IP Article “Coordinating Patent Prosecution in the U.S. and Europe”

Fish & Richardson Trademark & Copyright Thoughts

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.

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Keeping up with Belgian patent litigation: Year case law review 2021

The IPKat

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

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Whither goest the patent troll?

The IPKat

A decade ago, patent trolls were all the rage in the patent world. Whether in speeches, conferences, or articles, no subject engendered more IP conversation. If there was a rock-star matter in the patent world, it was the debate over trolls. Start with the sheer volume of patent applications. Focusing on the U.S.,

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CAFC Affirms ITC’s Invalidation of Sweetener Patent Under On-Sale Bar, Citing Helsinn

IP Watchdog

Teva Pharmaceuticals (2019), the Federal Circuit rejected Celanese’s contentions that statutory changes wrought by the America Invents Act (AIA) altered the on-sale bar such that sales of products manufactured by an undisclosed process would not invalidate patents claiming that process.

Patent 63
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EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System

SpicyIP

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., Article 13.2 Similar language is incorporated in Article 13.3

Patent 72
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DABUS Sent Back to Drawing Board Following Reversal of Inventorship Decision by Australia Court

IP Watchdog

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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