IP Watchdog

JUNE 24, 2024

This week we venture into the world of patent monetization from the viewpoint of a patent owner and non-practicing entity. Our conversation is with Brad Close, a one-time patent prosecution attorney, one-time patent broker, and current patent owner engaged in patent monetization efforts, licensing and, of course, litigation.

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Business Patent Prosecution Patent Licensing 58

Patently-O

JULY 23, 2022

Recent Headlines in the IP World: Jonathan Stempel: Cisco Wins Reversal of $2.75-Billion Richard Lawler: Supreme Court Rejects Apple’s Bid To Continue Fighting Over Two Qualcomm Patents (Source: The Verge). David Phelan: Apple To Transform Apple Pencil 3 In Huge Upgrade, Patent Reveals (Source: Forbes). Unified Patents.

Intellectual Property 62

Intellectual Property Patent Patent Prosecution Patent Drafting 62

Patently-O

NOVEMBER 7, 2021

Recent Headlines in the IP World: Blake Brittain: Senators Slam Albright Over ‘Extreme Concentration’ of Patent Cases (Source: Reuters). Smart & Biggar: Supreme Court of Canada Denies Leave Regarding Lisdexamfetamine Patent Decision (Source: JD Supra). Commentary and Journal Articles: Prof. Source: WIPO.

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Patent Prosecution Patent Journalism Intellectual Property 67

IP Watchdog

JUNE 19, 2023

The impact of the long-awaited launch of the Unified Patent Court (UPC) is hard to overstate. While litigators and patent portfolio managers are immediately feeling the impact in Europe, surprisingly, they should also expect an impact on information disclosure statement (IDS) strategy for U.S. patent applications.

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Patent Application Patent Litigation Patent Prosecution 121

The IPKat

SEPTEMBER 23, 2022

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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Litigation Law Patent Invention 80

Patently-O

FEBRUARY 6, 2022

Recent Headlines in the IP World: Kate O’Flaherty: Apple Patent Hints At Ground-Breaking New AirPods Feature (Source: Forbes). Ben Lovejoy: Ericsson Trying to Ban Reselling in Brazil; Apple Tries to Invalidate Ericsson Patents (Source: 9to5 Mac). Billion Caltech Patent Case (Source: Reuters). Sheridan Ross P.C.

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Patent Patent Prosecution Journalism Intellectual Property 51

The IPKat

DECEMBER 7, 2021

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.

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Patent Troll Patent Litigation Inventor 119

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Courts.

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Intellectual Property Journalism Intellectual Property Law Litigation 52

IP Watchdog

NOVEMBER 1, 2023

Specifically, the CAFC said the district court erred by relying heavily on the patent prosecution history statements for a related patent that had been cited in the information disclosure statement (IDS) during supplemental examination of one of the patents-in-suit to inform its construction of the term in question.

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Patent Prosecution Patent Patent Infringement Litigation 58

IP Watchdog

OCTOBER 11, 2021

Although the “stump” art tool cited as prior art in Surgisil resembled Applicant’s lip implant (see below), the Federal Circuit found that Applicant’s “claim is limited to lip implants and does not cover other articles of manufacture.”

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Patent Application Patent Prosecution Art Patent 71

IP Watchdog

SEPTEMBER 7, 2022

In a June 20, 2022, article on IPWatchdog, I addressed a portion of the June 8, 2022, letter from Senators Leahy, Blumenthal, Klobuchar, Cornyn, Collins and Braun to U.S. As of the date of this article, the USPTO has not issued the notice.

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Patent Litigation Trademark Patent Prosecution 74

IP Watchdog

SEPTEMBER 2, 2021

for infringement of the ‘197 patent under the Hatch-Waxman Act, but the district court found that the Belcher Chief Science Officer withheld material information from the U.S. Patent and Trademark Office (USPTO) during patent prosecution, and the CAFC affirmed. Belcher brought the suit against Hospira, Inc.

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Patent Prosecution Patent Trademark Patent Infringement 134

IP Watchdog

JUNE 20, 2023

For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion.

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Cease and Desist Inventor Patent Litigation 127

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

As with any growing industry, cannabis stakeholders are eager to protect their valuable intellectual property (IP) rights, but their ability to obtain comprehensive IP protection and enforce their IP rights is sometimes in conflict with federal drug law. Patent Prosecution. Patent Litigation.

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IP Registration Trademark Branding 52

Canadian Intellectual Property Blog

FEBRUARY 16, 2021

of the Patent Act has brought about a significant shift in the Canadian approach to file wrapper estoppel by enabling the introduction of a patent’s prosecution history during claim construction. This article does not create a solicitor-client relationship between you and MBM Intellectual Property Law LLP. TA Foods Ltd.

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Patent Prosecution Intellectual Property Intellectual Property Law Patent 52

IP Watchdog

JANUARY 15, 2023

Udupa, whose appointment was announced in December, comes to the USPTO after serving the last seven years as the head of litigation for Hewlett Packard Enterprise, where she was responsible for heading HPE’s intellectual property litigation and formulating case strategies.

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Intellectual Property Patent Litigation Trademark 115

SpicyIP

APRIL 7, 2024

She has been working in the field of access to medicines, patents and IP for more than a decade. She has been working on patent oppositions and was involved in patent challenges on key drugs including the Gleevec-Novartis case. Article 13.2 Similar language is incorporated in Article 13.3

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Patent Patent Application Intellectual Property Law 72

IP Watchdog

MAY 17, 2022

Supreme Court asking the Justices to weigh in on his challenge of a policy he alleges the USPTO implemented in the 1990s to categorically deny him issuance of any additional patents. Hyatt has been embroiled in litigation with the USPTO for decades and won a previous Supreme Court appeal in 2012. .

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Inventor Litigation Trademark Patent 114

IP Watchdog

SEPTEMBER 9, 2022

Inventor Gilbert Hyatt, who has been embroiled in litigation with the United States Patent and Trademark Office (USPTO) for decades, lost his latest case at the U.S. Court of Appeals for the Federal Circuit (CAFC) when the court ruled today that an examiner’s restriction requirement was permitted under 37 C.F.R. 1.129 (“Rule 129”).

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Patent Application Inventor Litigation Patent 68

IP Watchdog

NOVEMBER 14, 2023

Understanding design patent benefits underlying the recent growth in application numbers is a good lesson for businesses seeking to distinguish a brand—but keep an eye out for further developments and be prepared to adjust business and IP strategies.

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Design Patent Designs Design Patent 58

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

With the spike in economic growth in the battery and electric vehicle (EV) industries, the IP world is seeing a commensurate spike in battery patenting activity. Ralph Phillips , and Daniel Tishman explore this growth and discuss considerations for companies protecting and defending their IP. PDF copy available.

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Intellectual Property Litigation Patent Prosecution IP 52

IP Watchdog

AUGUST 12, 2024

International Trade Commission (ITC) affirming the ITC’s ruling that process patents owned by Celanese were invalid due to secret sales of products made by the claimed process prior to the one-year on-sale bar codified at 35 U.S.C. § On August 12, the U.S.

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Patent Invention Patent Prosecution Inventor 63

SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Relying on the decision in Dominos Ip Holder LLC & Anr.

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IP Trademark Advertising Advertising 59

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact).

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IP Intellectual Property Copyright Trademark 136

IP Watchdog

JUNE 4, 2024

On June 1, one year after the date when patents with unitary effect became effective in the European Union (EU), the European Patent Office (EPO) announced that it had registered more than 27,500 unitary patents, representing about 25% of all European patents granted over the past year.

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Patent Reporting Patent Prosecution Government 71

IP Watchdog

JANUARY 9, 2023

Court of Appeals for the Federal Circuit (CAFC) in a precedential decision today vacated a Patent Trial and Appeal Board (PTAB) finding that certain claims of Google, LLC’s U.S. Patent Application No. 14/628,093 were obvious. The CAFC opinion, authored by Chief Judge Moore, said the U.S.

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Patent Application Patent Art Trademark 126

Patently-O

MARCH 13, 2022

Recent Headlines in the IP World: Blake Brittain: Patent Judge Leaves U.S. Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily).

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Patent Prosecution Intellectual Property Patent Journalism 67

IP Watchdog

AUGUST 5, 2022

Vidal that an artificial intelligence (AI) machine does not qualify as an inventor under the Patent Act. Court of Appeals for the Federal Circuit (CAFC) ruled today in Thaler v. The decision is the latest in a series of rulings around the world considering the topic, most of which have found similarly. Judge Stark authored the opinion.

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IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

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Patent Application Patent Trademark Patent Prosecution 110

IP Watchdog

JULY 27, 2023

1983 by patent examiners and officials at the U.S. Patent and Trademark Office (USPTO). On July 25, the U.S. Court of Federal Claims (CFC) issued a ruling in Pulnikova v. dismissing monetary damages claims for alleged violations of 42 U.S.C.

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Trademark Patent Patent Prosecution Inventor 98

IP Watchdog

AUGUST 11, 2022

s patent directed to a device for treating a uterus. Court of Appeals for the Federal Circuit (CAFC) today, in a precedential decision, revisited its 2020 holding that the doctrine of assignor estoppel bars Minerva Surgical, Inc. from challenging the validity of Hologic Inc.’s The decision comes on remand from the U.S.

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Patent Patent Prosecution Litigation Intellectual Property 115

IP Watchdog

APRIL 17, 2022

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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Inventor Patent Application Invention Patent 129

IP Watchdog

AUGUST 27, 2021

Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the United States District Court for the District of Delaware, holding Google LLC did not infringe patents held by Data Engine Technologies LLC (DET). Patent Nos. 5,590,259; 5,784,545; and 6,282,551 (the Tab Patents). On August 26, the U.S.

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IP Watchdog

NOVEMBER 30, 2021

Court of Appeals for the Federal Circuit (CAFC) earlier today affirmed a district court ruling that Biogen International’s patent for a method of treating multiple sclerosis (MS) was invalid for lack of written description.

Patent 115

Patent Patent Prosecution Patent Infringement Litigation 115

IP Watchdog

SEPTEMBER 1, 2023

Court of Appeals for the Federal Circuit (CAFC) decision holding an inventor’s contribution to a patent for methods of pre-cooking bacon and meat pieces did not satisfy the joint inventorship test because the contribution was “insignificant in quality.” recently filed a petition for writ of certiorari with the U.S.

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Patent Patent Prosecution Inventor Litigation 68

IP Watchdog

JANUARY 20, 2023

Court of Appeals for the Federal Circuit (CAFC) ruled today in a split precedential decision authored by Judge Reyna that a district court properly found Personalized Media Communications’ (PMC) patent unenforceable due to prosecution laches.

Patent 79

Patent Patent Prosecution Patent Infringement Litigation 79

IP Watchdog

OCTOBER 11, 2023

In denying the appeal, SCOTUS leaves in place a divided Federal Circuit ruling that improperly expanded prosecution laches doctrine according to Personalized Media (PMC). On October 10, the U.S. Supreme Court issued an order list showing it had denied the petition for writ of certiorari filed in Personalized Media Communication, LLC v.

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Patent Infringement Patent Patent Prosecution Litigation 52