Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

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Patent Law Law Patent Litigation 95

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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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.

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Journalism Trademark Patent Patent Law 54

IP Watchdog

NOVEMBER 2, 2023

The most recent chapter ended with the district court finding the Sonos patents at issue in their patent litigation against Google were unenforceable due to laches because Sonos had the audacity to file a continuation and seek claims supported by—and actually incorporated from—an earlier filing.

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Patent Law Patent Law Litigation 68

IP Watchdog

JULY 15, 2024

While obviousness-type double patenting (ODP) has a long history, Supreme Court precedent and common sense make it clear that the time has come to put ODP to rest. The original rationale for it has long passed, and it is a judicially-created exception to the patent statute that cannot stand.

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The IPKat

JULY 30, 2021

For his parting post, he returns to Germany and patent injunctions. As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ]. here and here ].

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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.

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Patently-O

JANUARY 24, 2022

Their article Federal Judge Seeks Patent Cases was recently published in the Duke Law Review, and I’m currently working on a project with them on writs of mandamus at the Federal Circuit. Among them was “the arcane but important matter” of judicial assignment and venue for patent cases. Guest post by Professors J.

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Litigation Patent Reporting Patent Law 58

Fish & Richardson Trademark & Copyright Thoughts

JULY 11, 2022

A key part of the patent landscape, the Orange Book provides a reference list of therapeutics that the Food and Drug Administration (FDA) has approved, making it convenient for physicians to find generic equivalents. Read the full article at The Pharma Letter (subscription required). PDF copy available.

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Patent Law Patent Branding Brands 90

IPilogue

NOVEMBER 3, 2022

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. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. This exposes some concerns about our patent laws.

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IP Watchdog

JUNE 18, 2024

Court of Appeals for the Federal Circuit continues to shape the patent law landscape each year with its precedential opinions. This year has been no exception, as the court issued a total of 30 precedential opinions on patent issues in the first five months of 2024.

Patent Law 58

Patent Law Patent Law Litigation 58

LexBlog IP

OCTOBER 12, 2021

This well written article by Martha M. from Medical Economics , provides insight into the many aspects of intellectual property law as it relates to the medical profession. As an additional point regarding the discussion of patent law, it must be kept in mind that patent litigation costs are not inexpensive.

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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.

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Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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The IPKat

APRIL 22, 2024

Accredited European Patent Litigation Certificate Course Trier & Online tutorial - Course start: 25 September 2024; Course end: 16 May 2025 ERA will offer a high-standard course giving patent attorneys the best tools to understand the legal framework and procedural rules necessary to litigate before the UPC.

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Intellectual Property Law Intellectual Property IP Litigation 60

IP Watchdog

JANUARY 9, 2024

Little about the law seemed ripe for dispute or change, nevertheless, in Amgen v. Seven months later, innovators and patent practitioners are still scratching their heads. Is there a sign lower courts are interpreting Amgen as signaling a change in American patent law or did it merely ratify what already existed?

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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. can significantly complicate the coordination of a global patent strategy.

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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. Now Now, What did His Lordship say?

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Litigation IP Intellectual Property Patent 59

IP Watchdog

SEPTEMBER 6, 2021

case number 19-40643: are patent laws regarding what constitutes a reasonable royalty applicable to questions of compliance with FRAND-related contractual obligations? Pursuant to appeal of that decision, however, the United States Court of Appeals for the Fifth Circuit has now addressed the photonegative question in HTC Corp.

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IP Watchdog

MAY 22, 2024

Litigating the validity of claims in an inter partes review (IPR) at the Patent Trial and Appeal Board (PTAB) is vastly different from litigating validity in district court. PTAB judges are scientists and engineers, and they are also patent attorneys. You can assume they know substantive patent law cold.

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Litigation Patent Law Patent Law 52

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. Prathibha Sivasubramanian is a law researcher working with TWN.

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Patent Patent Application Intellectual Property Law 72

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

Kashishipr

OCTOBER 20, 2021

The evergreening of patents is a common element of pharmaceutical patents. The evergreening of patents is a common element of pharmaceutical patents. The most crucial method that global medicine enterprises use is drug evergreening of patents.

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Patent Intellectual Property Inventor Government 105

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.

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IPilogue

JANUARY 25, 2023

Richard de Almeida is a 3L JD Candidate at Osgoode Hall Law School. This article was written as a requirement for Prof. In the patent law textbook, we learned about filing and expiry dates of patents in one chapter, and grounds for invalidity in another. Pina D’Agostino’s IP Intensive Program.

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SpicyIP

JULY 25, 2023

While several intellectual property rights battles are being fought over the mRNA platform, a key question that remains unaddressed is whether and to what extent mRNA is patent eligible. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Is Messenger RNA Patent-Eligible?

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Patent Invention Litigation Law 78

Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

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Patently-O

JULY 5, 2021

Recent Headlines in the IP World: John Power: Government of Canada Announces New Independent Regulator for Patent and Trademark Agents (Source: CISION). Mikey Campbell: Apple Seeks to Halt Latest VoIP-Pal Patent Infringement Litigation (Source: Apple Insider). Commentary and Journal Articles: Atty. Donnelly: The U.S.

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Patent Journalism Patent Infringement IP 57

43(B)log

FEBRUARY 16, 2024

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. 11, 2023 (claiming that various products were “patented”). patent, which it did not receive until” later.

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IP Watchdog

APRIL 11, 2023

Court of Appeals for the Federal Circuit (CAFC) issued a trio of Rule 36 judgments that summarily affirmed a series of final written decisions by the Patent Trial and Appeal Board (PTAB). patent law over the better part of the last decade.

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Patently-O

JANUARY 17, 2024

The baseline approach in American patent law is that any injunction issued by the district court will stay in effect through the duration of any appeal. ” A NYT article explains that: People who buy a new watch in the United States will still see Apple’s Blood Oxygen app on the devices, the company said.

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IP Watchdog

MAY 23, 2022

Supreme Court’s current term, several petitions for writ of certiorari in patent cases being appealed from the U.S. Several of these petitions raise important questions on Section 101 patent eligibility jurisprudence in the wake of Alice Corp.

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Patent Patent Law Invention IP 88

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.

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LexBlog IP

MAY 10, 2022

China’s Patent Linkage System. This case is China’s first patent linkability case since the implementation of the new Chinese Patent Law. Patent linkability refers to a newly implemented system of Article 76 of the Patent Law of the People’s Republic of China. Patent Attorney.

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Patently-O

APRIL 11, 2024

United States patents are generally territorial. Or so one may think reading the Patent Act. It would be simpler for a patent holder to just use the U.S. patent to cover foreign activity. So, when – if ever – can a patent owner receive damages for foreign activity that may flow from acts of domestic infringement?

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Garrigues Blog

APRIL 5, 2022

Amending a patent application or a patent that has been granted, in such a way that it contains subject-matter which extends beyond the content of the application as originally filed, is a ground for revocation of said patent. This is expressly established in article 102.1 c) of the Patents Law and article 138.1

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IP Watchdog

OCTOBER 30, 2023

Late last week, more than half a dozen amicus briefs were filed in support of GM Global Technology Operations in a case that is set to potentially shake up design patent law. Court of Appeals for the Federal Circuit (CAFC) to keep the law as is in order to avoid major disruptions.

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