Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

In Thaler , the Court confronted, analyzed and answered the question of “can an artificial intelligence machine be an ‘inventor’ under the Patent Act?” After analyzing the plain statutory language of the Patent Act and the Federal Circuit authority, the Court held that the “clear answer is no.”

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Inventor Intellectual Property Patent Patent Law 91

The IP Law Blog

OCTOBER 7, 2021

There are many requirements for obtaining a patent. 112(a), the patent must describe the invention in writing. If the written description requirement is not met, the patent won’t be granted. If the patent has already been issued, it can be invalidated for failure to satisfy the written description requirement.

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Patent Invention Patent Infringement Inventor 98

JD Supra Law

SEPTEMBER 26, 2024

The United States patent system is designed to be a balance: in exchange for the inventor disclosing their invention to the public, pa-tentees are granted exclusive rights to that invention for a period of time. This balance is now broken.

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Patent Infringement Inventor Invention Patent 66

Patently-O

FEBRUARY 17, 2022

Thad Gabara is a former Bell Labs engineer and is a prolific inventor with 100+ patents in his name. Along the way, Gabara also became a patent agent and personally prosecuted many of his recent patents, including the Sliding Window patents asserted here. Patent Nos. by Dennis Crouch. Facebook, Inc.

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Patent Invention Art Inventor 136

Patently-O

SEPTEMBER 13, 2022

Now, Minerva has petitioned the Federal Circuit for an en banc rehearing on the following question: For purposes of determining whether assignor estoppel applies, how should a court determine an inventor’s representation of patent scope in a never-issued claim in the original patent application? Minerva Petition.

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Invention Inventor Patent Application Patent 61

Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. General Electric Co. , 571 (1931).

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Invention Art Patent Television 64

Kashishipr

MAY 5, 2021

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ ’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition.

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Patent Troll Patent Inventor Intellectual Property 98

LexBlog IP

MARCH 21, 2022

I am excited to announce the publication of the Intellectual Property Owner (IPO) ’s white paper on “ Protecting Inventions Relating to Artificial Intelligence: Best Practices. The paper may be found here and covers various best practices for protecting Artificial Intelligence (AI) inventions. Prosecution of AI inventions.

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Invention Inventor Intellectual Property Patent Infringement 52

IP Watchdog

NOVEMBER 2, 2022

Court of Appeals for the Federal Circuit (CAFC) decision upholding a Patent Trial and Appeal Board (PTAB) finding of unpatentability. 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.

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Inventor Invention Patent Infringement Patent Law 69

The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” Again, it depends. Under 35 U.S.C. §

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Confidentiality Invention Business Artistic Work 113

Kashishipr

MAY 25, 2022

A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process.

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Patent Patent Application Inventor Invention 78

Patently-O

SEPTEMBER 2, 2022

As you can see from Figures 1 and 2 below, the design shows a wave-like design, which the inventor (Zach Snyder) says was inspired from his time living in Arizona and seeing heat ripple mirages rising from the ground. 1993) indicates a copycat cannot escape design patent infringement by labelling products with a different trade name.

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Design Patent Art Designs Design 81

The IP Law Blog

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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Law Patent Invention Intellectual Property 109

IP Intelligence

JUNE 7, 2022

Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications. Thaler listed DABUS as the inventor on two patent applications, one for a light beacon and one for a beverage container, that he filed with the U.S.

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Invention Inventor Patent Patent Application 52

IIPRD

MARCH 4, 2024

For setting up the business or for creating something like some inventions it takes a lot of efforts and research to create something new. So, to protect that creativity, inventions, and an idea it is required to protect Intellectual Property. There is a law in India, which protects patent infringement that is Patent Act, 1970.

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Intellectual Property Invention Trademark Copying 98

Patently-O

OCTOBER 5, 2021

Like the dissenting judge on the panel, several of the opinions denying rehearing en banc faulted the panel majority for establishing a new “nothing more” test—if the claimed invention “clearly invokes a natural law, and nothing more, to accomplish a desired result”—for patent ineligibility. at 1366 (O’Malley J.,

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Patent Intellectual Property Invention Inventor 102

IP Watchdog

FEBRUARY 16, 2022

This patent infringement case is potentially one of the largest of the year and is related to very important technology that miniaturized radio frequency (RF) transceivers, thus paving the way for the invention of the smartphone. Qualcomm in Federal Court in the Middle District of Florida and reviewed the court briefs.

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Patent Infringement Invention Technology Patent 98

IP and Legal Filings

JANUARY 1, 2023

When someone invents something novel, practical, and non-obvious, they may file for a patent. As a result, it prevents others from utilising someone else’s invention or artistic creation, providing a just return on the effort and expense made. Eastman Kodak [1986], it was a literal reproduction of the original invention.

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Invention Patent Patent Infringement Inventor 98

Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ).

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Patent Infringement Invention Patent Patent Law 52

IP Watchdog

AUGUST 9, 2021

As we move into an era of Artificial Intelligence (AI), quantum computing, and 5G telecommunications that supports Kurzweil’s vision, we must make sure that our laws and federal agencies match the pace of invention and protect innovators from trolls who would game the legal system and government functions for their ill-gained profit. .

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Government Invention Technology Law 145

Patently-O

APRIL 16, 2022

The text of the Patent Act suggests that obviousness is a straightforward inquiry: find how the claimed invention differs from the prior art and ask whether, based upon those differences, an objective artisan would deem the invention obvious. The Zaxcom inventions relate to a wireless method for multi-track video recording.

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Invention Patent Art Licensing 99

IP Watchdog

MAY 22, 2024

Court of Appeals for the Federal Circuit (CAFC) on Tuesday, May 21, issued a precedential decision vacating and remanding a district court’s finding that Core Optical Technologies didn’t have standing to sue Nokia due to the language of a contract between the inventor and his employer. Core Optical alleged infringement of U.S.

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Inventor Contracts Invention Technology 59

Patently-O

MAY 15, 2024

Third party ink seller Sidney Henry sold ink to a buyer of the machine, despite knowing of the restriction, and was sued for contributory patent infringement. Soon thereafter, the “Oldfield Bill” proposed a number of limitations on patent rights. ” The Court rejected the rationale of A.B.

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Patent Law Patent Law Invention 111

LexBlog IP

FEBRUARY 18, 2024

Patents are so important to your success! As an inventor, there’s nothing more thrilling than having a big corporation take interest in your idea. What if the company decides to sever ties or even worse, continue using your invention without your permission? This is where patenting becomes essential.

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Settlement Invention Patent Social Media 52

Patently-O

JANUARY 3, 2024

Lisa did not otherwise significantly contribute to the conception of the invention. The patent examiner is attempting to decide whether to reject the claims. EL notified the patent office of his prototype activities and that he told his daughter about the invention. Question 3. What do you think?

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Patent Law Law Patent Patent Application 78

SpicyIP

SEPTEMBER 5, 2022

Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). Moderna’s patent infringement lawsuit is a revenue seeking activity since Moderna wants fair compensation but does not want to remove Comirnaty from the market. Image from here.

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Litigation Patent Technology Ownership 137

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? Is Messenger RNA Patent-Eligible?

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Patent Invention Litigation Law 97

Intepat

MAY 22, 2023

The sine qua non of an invention is its conception. However, something more than conception is required for an invention to be ready for patenting. The first way, actual reduction to practice, is by actually building the invention so that it works and others can follow how it is built.

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Inventor Invention Patent Patent Application 52

IP Intelligence

APRIL 27, 2022

A party sued for patent infringement may seek to shift some or all of its liability through an indemnification claim. Linda’s Leather, LLC, accused Victor Zambrano of patent infringement. Linda’s Leather, LLC v. Zambrano , No. 5:21-CV-046-CHB, 2022 WL 100216 (E.D.

Patent Infringement 52

Patent Infringement Inventor Patent Invention 52

Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. 256 to correct inventorship on an issued patent. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed. to correct inventorship rights under 35 U.S.C. § Iolab Corp. ,

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Patent Inventor Patent Infringement Design 59

IP Close Up

NOVEMBER 30, 2023

But patents no longer provide the right exclude others from practicing an Continue reading History has proven that innovation comes from everywhere, not just the leading businesses.

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Patent Infringement Patent Business Invention 65

Intepat

NOVEMBER 13, 2023

While historically, the field of patent filing has been dominated by men, an inspiring shift is taking place. Women inventors are making significant strides, leaving an indelible mark on the world of innovation and intellectual property. She had invented a Process for weaving straw with silk or thread.

Inventor 52

Inventor Patent Invention Intellectual Property 52

LexBlog IP

OCTOBER 7, 2021

There are many requirements for obtaining a patent. §112(a), the patent must describe the invention in writing. If the written description requirement is not met, the patent won’t be granted. If the patent has already been issued, it can be invalidated for failure to satisfy the written description requirement.

Patent 52

Patent Invention Inventor Patent Infringement 52

LexBlog IP

APRIL 27, 2022

A party sued for patent infringement may seek to shift some or all of its liability through an indemnification claim. Linda’s Leather, LLC, accused Victor Zambrano of patent infringement. Linda’s Leather, LLC v. Zambrano , No. 5:21-CV-046-CHB, 2022 WL 100216 (E.D. ” Id.

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Patent Infringement Inventor Invention Patent 52

LexBlog IP

SEPTEMBER 14, 2022

A registered patent provides the owner of a useful, new, and non-obvious invention of patentable subject matter with the legal right to exclude others from making, using, or selling the patented invention for a limited period of time. The right to exclude does not mean the same as the right to make, use, or sell.

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Cease and Desist Invention Inventor Intellectual Property 52

Patently-O

AUGUST 26, 2022

2:21-cv-00126-JRG-RSP) (not available on line for free from what I can see) addressed an accused infringer’s argument that the assignment of the patent-in-suit from the sole inventor (Afana) to the plaintiff, Mobile Equity, was ineffective, and so the patentee lacked standing. Walmart (Case No. Taylor Made Plastics, Inc.,

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Ownership Inventor Patent Due Diligence 56

Larson & Larson

FEBRUARY 10, 2021

So you have a great idea for a product that you have been working on and you want to patent it; but what are your next steps moving forward? Successfully filing a patent application is critical in order to ensure that you have the sole rights to your invention and that your intellectual property is protected.

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Patent Application Invention Patent Intellectual Property 52