The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v. And, nothing in the Act dictates the contrary conclusion.

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Invention Inventor Patent Moral Rights 98

Patently-O

FEBRUARY 24, 2022

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The settlement also included a license to thousands of Qualcomm patents. 2022)(forthcoming).

Patent Law 95

Patent Law Law Patent Litigation 95

IPilogue

NOVEMBER 3, 2022

Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 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. This exposes some concerns about our patent laws.

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Patent Infringement Law Patent Ownership 116

IP Watchdog

MAY 23, 2022

CLS Bank International, a subject which the Supreme Court has punted on dozens of times after handing out that landmark decision on the patentability of computer-implemented inventions back in 2014. patent law, while recent cert denials indicate other areas of patent law that are of no concern to the nation’s highest court.

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Patent Patent Law Invention IP 88

Traverse Legal Blog

NOVEMBER 16, 2021

A main focus in most M&A transactions involves conducting intellectual property (IP) due diligence, including patent due diligence in order to properly assess risk involved in the potential transaction. Have all conveyances, including assignments, been properly recorded for the IP assets with the respective IP offices?

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Due Diligence IP Intellectual Property Invention 75

LexBlog IP

APRIL 26, 2022

The Court found (at [105]) that: the law relating to the entitlement of a person to the grant of a patent is premised upon an invention for the purposes of the Patents Act arising from the mind of a natural person or persons. Those who contribute to, or supply, the inventive concept are entitled to the grant.

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Invention Inventor Patent Law Law 52

IP Watchdog

AUGUST 4, 2022

Lincoln listed the development of patent laws—along with the invention of writing and the discovery of America—among the most important events in world history. Patents have “peculiar value…in facilitating all other inventions and discoveries,” he said in a speech in 1858. But a recent ruling by the U.S.

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Invention Inventor Patent Law Technology 140

The IP Law Blog

NOVEMBER 9, 2023

Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. Many of us have said, “Bacon makes everything better.” The court in Pannu v. Iolab Corp.

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Inventor Invention Art Patent 110

IP Watchdog

JUNE 22, 2023

Sanofi upholds the Federal Circuit’s longstanding requirement to enable the full scope of a claimed invention. Since the Patent Act of 1790, patent law has required describing inventions with such clarity and specificity as to enable one skilled in the art to make and use the claimed invention.

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Invention Art Patent Law Patent 80

The IPKat

JANUARY 12, 2024

If you, like the AmeriKat, are freezing your paws off, here is a warming drink of the latest IP news and events. Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions. The AmeriKat getting her winter coat on Brrr, it's cold in here. or contact secretary@aippi.org.uk

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IP Intellectual Property Law Law Invention 64

The IPKat

DECEMBER 13, 2021

There has been much headline ink spilled on the question of AI-inventorship in the IP press and beyond. Over to the Professors: "There is an increasing influential and bludgeoning legal literature on how artificial intelligence (AI) systems should be treated in law. The AmeriKat braces for the take over of the machines.or

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Inventor Invention Ownership Intellectual Property Law 134

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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Licensing Technology Litigation Patent 105

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

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Intellectual Property Cease and Desist Invention Branding 52

JIPL Online

APRIL 22, 2021

i] This confusion has a direct impact on the willingness to invent, drug pricing, the recovery of research and development (R&D), and other basic purposes of the Act. [ii]. Here, patent law can be very helpful in determining whether a generic manufacturer satisfies the novelty, usefulness, and non-obviousness standards.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

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. Inventorship in the US is a critical component of patent ownership.

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Patent Prosecution Invention Inventor Patent 75

IP Watchdog

SEPTEMBER 19, 2021

Now that the 10th anniversary of the America Invents Act (AIA) has passed, we can look back not only at the past decade, but also the reactions of various interested parties and how they responded to that anniversary. patent laws enacted on September 11, 2011; one relating to the U.S.

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Invention Patent Art Patent Law 70

IP Watchdog

NOVEMBER 2, 2022

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 67

The IP Law Blog

APRIL 27, 2023

Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue. to institute an IPR) or deny the petition.

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Patent Litigation Patent Infringement Invention 98

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

LexBlog IP

DECEMBER 21, 2023

This jolly invention lights up each branch individually, featuring a central bus wire nestled near the trunk, branching into 5 to 10 light circuits, each sporting 10 to 20 bulbs. 7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law.

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Patent Drafting Patent Invention Inventor 52

Patent Trademark Blog

FEBRUARY 21, 2022

If you need a patent litigator, then location may play a bigger role. Let’s explore why it doesn’t matter where you live if you want to apply for a patent. Your patent attorney’s location does not matter. So you can stop searching for terms like Irvine patent attorney or patent attorney near me.

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Patent Patent Application Invention IP 52

LexBlog IP

OCTOBER 3, 2021

Senator Patrick Leahy (D) VT and Senator John Cornyn (R) TX have jointly drafted a new bill entitled the “Restoring the America Invents Act.” patent law that will resonate with voters. patent law that will resonate with voters. Encourage courts to stay litigations proceeding in parallel to a PTAB trial.

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Litigation Registration Invention Patent Law 52

More Than Your Mark

FEBRUARY 11, 2019

Despite the widely diverging needs of the different industries that make use of the US patent system, US patent law applies essentially the same rules to innovations from all technology fields. This means that drug and biotechnology-based inventions are treated no differently by the U.S. patent system are discussed below.

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IP Marketing Marketing Invention 52

IP Intelligence

MARCH 7, 2022

vi] Estoppel may arise, for instance, from arguments and representations made to obtain allowance of a patent even without any claim amendments,[vii] and estoppel resulting from arguments and representations regarding one claim or application may limit the scope of related patents. application during litigation in the U.S.?

Patent Law 52

Patent Law Invention Patent Application Art 52

The IPKat

AUGUST 16, 2021

Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. The subject matter of the patented invention must be new at the time of filing a patent application.

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Patent Troll Marketing Marketing Patent 84

LexBlog IP

NOVEMBER 9, 2023

” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all contributions count when it comes to being an inventor of a patent for a better method of precooking bacon. Many of us have said, “Bacon makes everything better.”

Inventor 52

Inventor Invention Art Patent 52

LexBlog IP

APRIL 19, 2023

A basic understanding of Intellectual Property (IP) law is essential to managing an Amazon storefront, as IP issues can be a minefield for the uninformed. Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent.

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Intellectual Property Law Intellectual Property Law IP 52

The IP Law Blog

NOVEMBER 3, 2022

Pfizer and BioNTech have stated that they did not use Moderna’s patented inventions, and that they will fully defend the case. If the litigation proceeds, the defendants will probably challenge Moderna’s patents, as is typical in patent litigation.

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IP Intellectual Property Technology Publishing 52

IP Intelligence

MAY 24, 2024

IPRs and PGRs were created by the Leahy-Smith America Invents Act as a more efficient and effective means for challenging the validity of patents and are also intended to reduce litigation costs. 315(b) (contemplating the relationship between IPRs and coexisting district court infringement litigation). Intri-Plex Techs.,

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Litigation Government Designs Design 52

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. Patent laws acknowledge that patents play a crucial role in facilitating the exchange of goods and services.

Patent 52

Patent Licensing Intellectual Property Technology 52

SpicyIP

OCTOBER 30, 2023

Background The dispute started off as a heated battle between the parties over the plaintiff’s ‘Liquid Heating Vessels’ patent, which the plaintiff claimed was used by the defendant in its electric kettles. patent law disputes where the court has calculated notional damages on the basis of publicly available information.

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Patent Infringement Patent Art Invention 59

SpicyIP

MARCH 11, 2024

Here is our recap of last week’s top IP developments. Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation.

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Trademark Registration Copyright Patent 59

Kashishipr

OCTOBER 20, 2021

In 2002, the Federal Trade Commission, after an extensive inquiry, found out that over 75% of applications by generic pharmaceutical manufacturers were in some way or other involved in litigation initiated by the original patent holders. India changed its Patents Laws in 2005 to comply with the TRIPS Agreement.

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Patent Intellectual Property Inventor Government 105

SpicyIP

AUGUST 15, 2021

In this post , Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. They conclude that judicially nudged use of patent law levers is critical for the deployment of flexibilities in our patent law for TB patients who desperately need access to these drugs.

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Licensing Government Reporting Patent Law 83

The IP Law Blog

NOVEMBER 18, 2021

District Court for the Northern District of California, the Court upheld the Patent Trial and Appeal Board’s (PTAB) practice of denying patent reviews due to looming trials in district court. Under the America Invents Act (AIA), 35 U.S.C. § An IPR functions similar to a civil litigation once instituted. 100 et seq. ,

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Litigation Patent Technology Invention 75

The IP Law Blog

MARCH 16, 2023

Pfizer/BioNTech alleges that it did not use Moderna’s patented technology in its vaccine but instead uses a different mRNA structure and different lipids in the delivery system.

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Technology Licensing Patent Application Patent Infringement 98

SpicyIP

APRIL 7, 2024

Prathibha Sivasubramanian is a law researcher working with TWN. 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.

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Patent Patent Application Intellectual Property Law 72