IP and Legal Filings

DECEMBER 19, 2024

Patent protection may limit access to new ideas and technology and, therefore, raise concerns about disparities in access and stifle the growth of the metaverse as a shared online space. Ethical dimensions of patenting critical Metaverse innovations should be watchful and counter any anti-competitive practice that might arise.

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Technology Invention Patent Intellectual Property 52

IP Watchdog

DECEMBER 17, 2024

This year saw the start of the Unified Patent Court (UPC) issuing substantive decisions. The Court has granted injunctions in all cases where a patent has been found to be valid and infringed (including Standard Essential Patent (SEP) cases). The Court has been effective in resolving cases within a year.

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Law Invention Patent Litigation 98

IPilogue

DECEMBER 20, 2022

In Rovi Guides Inc v Videotron Ltd , the Federal Court of Canada invalided patents for interactive program guide (“IPG”) technology and clarified a reasonable royalty as the appropriate remedy had the patents been found valid and infringed. Rovi claimed that Videotron infringed four patents, which Videotron counterclaimed were invalid.

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Litigation Inventor Invention Licensing 118

IP Law 360

OCTOBER 22, 2024

By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

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Patent Troll Inventor Patent Invention 109

JD Supra Law

MARCH 7, 2025

Inventions made in a particular country are generally first-filed in that country before entering the United States via a direct Paris Convention filing or, more commonly, a PCT national stage entry. Convenience, national pride, and foreign filing license laws encourage such home country first-filings. By: Goodwin

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Invention Litigation Licensing Patent 65

IPilogue

MAY 31, 2022

Google’s contribution to the US patent system. Healthy patent systems can sometimes be described as a way to incentivize creative inventions, encourage building on existing ideas, and avoid frivolous litigation. Concern with the US patent system. Google also helped discover the License on Transfer Network.

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Patent Troll Patent Litigation Invention 118

Patently-O

JULY 9, 2024

Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent. The Federal Circuit’s Cellect decision addresses this concern.

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Patent Invention Inventor Litigation 119

Patently-O

SEPTEMBER 21, 2021

A bipartisan pair of Senators have proposed the “ Pride in Patent Ownership Act.” ” The premise is that if you own a patent, you should be proud to own the patent — and actually record your ownership interest. Senator Tillis: “ The public has a right to know who is a patent’s true owner.

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Ownership Patent Invention Intellectual Property 128

IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. The neutering of software, e-commerce and algorithm patents are at least partly responsible but, amazingly, software-related patents represent almost two-thirds of U.S.

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IP Litigation Inventor Licensing 121

The IPKat

AUGUST 4, 2023

The Enlarged Board of Appeal (EBA) decision in G 2/21 related to the evidence requirement for a purported technical effect relied on for inventive step. The Board of Appeal in T 2803/18 , in particular, highlights how G 2/21 may be relevant to inventions in the field of artificial intelligence and machine learning.

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Invention Art Patent Reporting 98

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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Patent Invention Litigation Patent Law 122

Patently-O

SEPTEMBER 15, 2021

Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. . Many of the AIA reforms strengthened our patent system. with the rest of the world.

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Invention Intellectual Property Inventor Intellectual Property Law 131

Intellectual Property Law Blog

DECEMBER 1, 2021

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). SecurityPoint brought its claim for patent infringement against the United States under 28 U.S.C.

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Patent Infringement Patent Government Licensing 189

IP Watchdog

OCTOBER 18, 2022

Systemic-level studies and data regarding impact on investment and innovation, as detailed in Part II of this series, are not the only way to demonstrate the substantial harm that the current state of patent eligibility has inflicted on the U.S. innovation ecosystem.

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Litigation Patent Invention Law 90

The IPKat

FEBRUARY 21, 2025

The Paris Local Division of the Unified Patent Court (UPC) first substantive decision on patent validity in DexCom v Abbott ( UPC_CFI_230/2023 ), provides some interesting commentary on how much the description should be taken into account when interpreting the claims. DexCom alleged infringement by Abbott's FreeStyle Libre 2 products.

Patent 59

Patent Invention Art Litigation 59

SpicyIP

AUGUST 6, 2021

To quickly recap the arguments, AstraZeneca claims that sale of Dapagliflozin violates not one but two of its patents: the genus IN 205147 (IN 147) which expired in October 2020, and the species IN 235625 (IN 625) set to expire in 2023. One invention, two patents? Quite like the order by Shakdher J., Coverage and Disclosure.

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Patent Invention Inventor Law 134

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

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Litigation Copying Copyright Designs 143

SpicyIP

AUGUST 22, 2022

We’re pleased to bring to you a 2 part guest post by Amit Tailor on the question of when a patent application can be divided, that came up in the recent case of Boehringer Ingelheim vs. The Controller. Amit is a registered Patent Agent and an IP practitioner and currently part of the IP litigation team at Sun Pharmaceuticals.

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Patent Application Invention Patent IP 130

IP Watchdog

DECEMBER 6, 2021

While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos. patent application was filed by Moderna, with no NIH scientists listed as inventors. patent application was filed by Moderna, with no NIH scientists listed as inventors.

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Invention Inventor Patent Application Designs 122

The IPKat

FEBRUARY 4, 2025

Kat-assisted AI drug discovery Patents versus marketing in AI drug discovery A crucial consideration in AI-assisted drug discovery is the relationship between patent protection and disclosure. The key legal test is whether a skilled person could perform the invention. chemical identity) of its clinical candidates.

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IP Invention Inventor Patent 64

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

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Patent Troll Patent Litigation Inventor 124

IP Close Up

NOVEMBER 17, 2022

The news in much of the inventing community is often doom and gloom, but for Stephen Key, a successful creator and entrepreneur, the opportunities faced Continue reading.

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Invention Licensing Patent Inventor 91

IP Law 360

MARCH 21, 2025

closed out the third trial in contract litigation with Netlist Inc. on Friday by telling a California federal jury that the chipmaker has "invented" a nonexistent breach because it wants to claw back valuable patent licenses. A lawyer for Samsung Electronics Co.

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Invention Contracts Patent Licensing 52

The IP Law Blog

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” 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

SpicyIP

AUGUST 27, 2024

Balaji of the Madras High Court (MHC) delivered two decisions that overturned the Controller’s rejection of patent applications, siding with the appellants in both cases. Bitter Pill to Swallow: Controller’s Decision Overturned for Kyrorin’s Patent Application The first one is Kyorin Pharmaceutical Co v. 5360/CHENP/2010).

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Patent Art Invention Patent Application 105

Patently-O

FEBRUARY 19, 2023

by Dennis Crouch Rule 1 of the Federal Rules of Civil Procedure sets out a bold goal for civil litigation: “ the just, speedy, and inexpensive determination of every action.” ” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust. Patent Nos. Light-Netics owns U.S.

Patent Infringement 122

Patent Infringement Cease and Desist Patent Invention 122

IP Watchdog

SEPTEMBER 30, 2021

Last night, Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) released the text of the “Restoring America Invents Act”, which is meant to “support American innovation and reduce litigation,” according to the headline of the senators’ joint statement on the legislation. Many in the patent community, however, are not as optimistic.

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Invention Art Litigation Reporting 124

IP Watchdog

MARCH 10, 2025

IPWatchdog has learned that Farheena Rasheed has been asked by the United States Patent and Trademark Office (USPTO) to serve as one of the Acting Vice Chief Administrative Patent Judges (APJs) at the Patent Trial and Appeal Board (PTAB). Rasheed will immediately move to the PTAB.

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Intellectual Property Law Intellectual Property Litigation Trademark 69

IP Watchdog

DECEMBER 5, 2021

The Patent Trial and Appeal Board (PTAB), created by the America Invents Act (AIA) just over 10 years ago, is the most electrifying lightning rod in the industry. What has evolved is anything but streamlined, and certainly not inexpensive, even compared with district court litigation.

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Invention Litigation Patent Inventor 124

SpicyIP

JULY 22, 2024

Assistant Controller Of Patents And Design accepting an appeal against the Controller’s decision rejecting a patent application for “aerosol generating article with multi material susceptor.” Understanding Why the Patent Application Went Up in Flames The patent application (no. They also cited cases like Technograph v.

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Invention Patent Patent Application Government 110

Patent Trademark Blog

MARCH 28, 2022

What if we adjust our initial filing patent cost to match your budget? Nearly every patent firm sets their own attorney’s fees and service rates. So we asked ourselves the following question: What can we do to make utility patents more affordable? What would make patents more accessible to potential clients?

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Patent Patent Application Invention IP 94

SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Rosemount Inc.

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Trademark Invention Patent Art 126

IP.com

JUNE 19, 2023

After legislation passed in 2013 prohibited patents on naturally occurring genes and invalidated previously issued patents, the process for gene patenting has become much more regulated.

Invention 98

Invention Patent Litigation 98

SpicyIP

NOVEMBER 8, 2023

Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. The discovery, development and patenting of biologics has been historically tied to the ‘product of nature’ question under patent law. CLS Bank Int’l. Kibow Biotech Inc.,

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Invention Patent Art Patent Law 69

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

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Patent Intellectual Property Invention Inventor 102

The IPKat

FEBRUARY 22, 2025

The case highlights some interesting aspects of pharma IP strategy, particularly as related to manufacturing IP and whether this is best protected with patents or trade secrets. However, manufacturing patents bring with them a number of risks and potential pitfalls.

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IP Invention Art Designs 64

Patently-O

JANUARY 11, 2022

Prior to 1891, appeals in patent cases went directly to the Supreme Court, and the Court decided lots of patent cases. In 1891, Congress created the regional circuit courts of appeals as a buffer between the trial courts and the Supreme Court and the number of high-court patent cases began to fall. 364 (1948). 238 (1944).

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Patent Invention Art Law 131