The IPKat

JANUARY 28, 2025

In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patent infringement proceedings ( UPC_CFI_239/2023 ). Legal background: Equivalence around Europe The Unified Patent Court Agreement (UPCA) contains no specific provisions on the doctrine of equivalence.

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Invention Art Patent Design 90

JD Supra Law

DECEMBER 14, 2023

By: Linda Liu & Partners

Patent Infringement 68

Patent Infringement Patent Patent Law Law 68

Patently-O

DECEMBER 20, 2021

Lots of the new learning in patent law over the past decade has focused on patent eligibility. 666 (1999) (sovereign immunity for patent infringement); KSR Intern. If we add in PTAB decisions, Briefs, and Articles, then the top four are KSR , Graham v. by Dennis Crouch. Westview Instruments, Inc.,

Patent 111

Patent Patent Infringement Patent Law Law 111

IPilogue

NOVEMBER 1, 2022

I will summarize here two published views on existing solutions to this IP problem: in a May 2022 article in The Journal of World Intellectual Property, Muhammad Z. The right to repair exception is the right of an owner of a patented article to make repairs to preserve its useful life.

IP 119

IP Intellectual Property Licensing Journalism 119

Garrigues Blog

JANUARY 12, 2022

In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. The right of prior use is set forth in article 63 of the current Patents Law of 2015, the wording of which is practically identical to that of article 54 of the earlier Patents Law of 1986.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

SpicyIP

DECEMBER 2, 2024

Other Posts Book Launch: Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law (December 4, 2024) Ramanujan’s Patent Law: A Comprehensive Commentary on Patent Law by Adarsh Ramanujan, FCIArb is being released on December 4, 2024 at the Delhi High Court. In this post by Kartikeya S.,

Invention 52

Invention Trademark Reporting Editing 52

IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

Litigation 98

Litigation Patent Intellectual Property Brands 98

The IPKat

AUGUST 21, 2024

As the case in T 1259/22 exemplifies, absent a defined product in the form of a "substance or composition" having a medical use in these steps, the claimed subject matter will be considered excluded from patentability ( Article 53(c) EPC ). Claim 1 was therefore found not to be a purpose-limited product claim under Article 54 (5) EPC.

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Patent IP Invention Editing 111

The IP Law Blog

APRIL 21, 2022

Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. These four types of inventions are referred to as patent-eligible subject matter. In Repifi Vendor Logistics v. Intellicentrics, 2022 U.S. LEXIS 6558 (Fed.

Invention 98

Invention Patent Patent Law Patent Infringement 98

Patently-O

SEPTEMBER 16, 2023

The Federal Circuit held that “comparison prior art” used for infringement analysis must be tied to the same article of manufacture as that claimed. We have held that, for a prior-art design to anticipate, it must be applied to the article of manufacture identified in the claim. Columbia owns U.S. 3d 1334, 1340 (Fed.

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Design Patent Art Design Designs 82

The IP Law Blog

MARCH 9, 2023

Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. In Bell Semiconductor, LLC v. Omnivision Technologies, Inc. , 8-22-cv-01979 (CDCA Mar. 1, 2023)( John A.

Design 98

Design Designs Patent Patent Infringement 98

The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Dennis Crouch (University of Missouri School of Law) posted on the dichotomy between issues-of-fact and issues-of-law in US patent law.

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Blogging IP Non-Fungible Tokens Cease and Desist 127

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 58

Patently-O

SEPTEMBER 1, 2021

Lubby sued Henry Chung for patent infringement and won at trial with a jury verdict of almost $1 million. Back damages are further limited in by the patent marking statute of Section 287. That provision calls for a patentee to to mark any “patented article” that it sells or licenses-for-sale with the patent number.

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Licensing Patent Patent Infringement Patent Law 75

IP Watchdog

NOVEMBER 2, 2022

Jump Rope Systems, the inventor of a novel jump rope system, is petitioning the Supreme Court to clarify “whether, as a matter of federal patent law, a determination of unpatentability by the Patent Trial and Appeal Board in an inter partes review proceeding, affirmed by the Federal Circuit, has a collateral estoppel effect on patent validity in a (..)

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Inventor Invention Patent Infringement Patent Law 69

The IPKat

OCTOBER 31, 2021

When an infringing act becomes "divided" across borders in this way, it raises the question where an infringement occurs, if at all. has written about this in an article that was recently published in the UIC Review of Intellectual Property Law. Katfriend Mattias Rättzén (Taylor Wessing and Harvard LL.M.)

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Patent Invention Intellectual Property Law Intellectual Property 86

Patently-O

OCTOBER 11, 2021

In addition to this statutory injury requirement the Supreme Court has also interpreted Article III of the U.S. In the Fifth Circuit, the USPTO filed a motion to dismiss the appeal–arguing that the case arose under the patent laws and therefore should go to the Federal Circuit. ” 5 U.S.C. Christianson v. Colt Indus.

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Inventor Patent Law Law Patent 80

Patently-O

DECEMBER 31, 2021

Recent Headlines in the IP World: Blake Brittain: Court Says Intel Can Contest Parts of Qualcomm Mobile Patents (Source: Reuters). Over Alleged LED, Mini LED Patent Infringement (Source: Apple Insider). Blake Brittain: What to Watch for in Patent Law in 2022 (Source: Reuters). Commentary and Journal Articles: Prof.

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Journalism Patent Invention Patent Infringement 49

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. The briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. § 292, though they disagree about its implications for this case.

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False Advertising Advertising Advertising Patent 115

LexBlog IP

NOVEMBER 15, 2022

While physically marking such a product is not always trivial (or desirable from a product aesthetic/marketing standpoint), an appropriate patent marking as suggested below would have provided the patent owner with the ability to collect pre-suit damages. Patent Act has been provided.

Cease and Desist 52

Cease and Desist Design Patent Patent Design 52

SpicyIP

AUGUST 2, 2021

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Continuing our posts on the Parliamentary Standing Committee Report, I wrote a II-part post on the Report’s recommendations on patent law reform. Part I and II.

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Reporting Design Designs IP 116

Patently-O

FEBRUARY 23, 2022

So these studies can’t tell us much about what’s going on in the Federal Circuit era, unless one assumes—unreasonably—that the Federal Circuit didn’t meaningfully change design patent law. For example, Lindgren noted in his article that his sample size was too small to draw statistically significant conclusions.

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Design Patent Design Designs Patent 134

SpicyIP

JULY 25, 2023

In this regard, the scientific community can learn from gene patent litigation strategies adopted in the past, in countries like the US (Myriad as discussed below), to help courts and policy makers craft solutions that balance the interests of both the inventing community and public health needs. Is Messenger RNA Patent-Eligible?

Patent 97

Patent Invention Litigation Law 97

The IP Law Blog

FEBRUARY 2, 2023

Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). The patent covered a design for a vehicle front fender.

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Design Patent Design Designs Patent 98

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 69

Litigation Law Patent Invention 69

SpicyIP

MAY 4, 2024

The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! coverage Genus and species patents Coverage v. The DB has overruled the Single judge and held that there can be no gap between coverage and disclosure in a patent [paras 97 – 99].

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Patent Invention Patent Law Law 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.

Design Patent 52

Design Patent Design Designs Patent 52

Greenspoon Marder LLP

JANUARY 15, 2019

The proliferation of three-dimensional (3D) printing has led to unique challenges and novel issues in the context of intellectual property law and, in particular, patent law. Due to the protracted nature of the legal system, modern innovation and technological advancements always seem to outpace the law.

IP 52

IP Music Intellectual Property Law Copyright Infringement 52

Intepat

SEPTEMBER 27, 2024

In the modern landscape of technological advancement, patent thickets have emerged as a critical concern for innovators, businesses, and policymakers. A patent thicket refers to a dense network of overlapping patents that can complicate the development and commercialization of new products.

Intellectual Property 52

Intellectual Property Patent Inventor Licensing 52

LexBlog IP

MARCH 21, 2022

Whether an AI can be an “inventor” as defined by various patent laws. How to prepare AI patents with strategies to predict and overcome possible rejections under 35 U.S.C. Patent Office (USPTO). Prosecution of AI inventions. §101 and §112. CLS Bank International (“Alice”).

Invention 52

Invention Inventor Intellectual Property Patent Infringement 52

SpicyIP

SEPTEMBER 12, 2024

As a brief segue, I would like to reference a law review article I authored with Shamnad many moons ago on how the broad experimental use exception in Indian patent law could act as an incentive to attract more companies to conduct risk-free R&D in India without having to worry about patent infringement lawsuits.

Copyright 81

Copyright Law Copyright Law Intellectual Property 81

The IP Law Blog

NOVEMBER 18, 2021

Patent and Trademark Office (the PTO) to review and potentially cancel claims in an already-issued patent that the PTO finds to be unpatentable in light of prior art. However, a party must first file a petition to institute an IPR of a patent. An IPR functions similar to a civil litigation once instituted.

Litigation 75

Litigation Patent Technology Invention 75

LexBlog IP

APRIL 21, 2022

Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. These four types of inventions are referred to as patent-eligible subject matter. In Repifi Vendor Logistics v. Intellicentrics, 2022 U.S. LEXIS 6558 (Fed.

Invention 52

Invention Patent Patent Infringement Patent Law 52

IP Intelligence

OCTOBER 12, 2021

The court explained that “[a] design claim is limited to the article of manufacture identified in the claim; it does not broadly cover a design in the abstract.” [7] This ruling is significant in the realm of design patent law because it changes course from decades of prior practice at the PTO. 1, 2019, to Sept. 2008) (en banc).

Design Patent 52

Design Patent Art Design Designs 52

LexBlog IP

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

Litigation 52

Litigation Patent Intellectual Property Brands 52

IIPRD

JUNE 24, 2024

This article sheds light on the foundational frameworks and pivotal agreements that govern the rights and responsibilities of creators, innovators, and consumers worldwide. 4] Prior to its creation, several countries implemented copyright laws individually, resulting in varied regulations limited to their respective territories.

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Intellectual Property Artistic Work Registration Copyright 52

Garrigues Blog

JUNE 24, 2024

Recent judgments handed down in the US, China, UK and Germany illustrate the complexity of this subject that affects both patent law as well as competition law.

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Licensing Patent Confidentiality Reporting 52