JD Supra Law

AUGUST 27, 2021

An inventor develops an invention, files a patent application and assigns the application for value to the company they founded. Later, the inventor founds another company and develops an improved version of their original invention. In response, the inventor argues that the patent for the original invention is invalid.

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Inventor Invention Patent Application Patent Infringement 55

The IP Law Blog

JULY 15, 2021

For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” The Supreme Court further recognized that “laws of nature, natural phenomena, and abstract ideas” are not patent-eligible subject matter under 35 U.S.C. intellectual property.

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Law Patent Invention Intellectual Property 109

Patently-O

SEPTEMBER 15, 2021

This enabled the USPTO to get through periods of government shutdown and to invest in longer-term initiatives such as much-needed information technology upgrades, hire more examiners to reduce the patent application backlog and provide additional training for examiners. with the rest of the world.

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Invention Intellectual Property Inventor Intellectual Property Law 131

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. You can think of this as following Hook’s law up to the point of maximum elongation; at that point it effectively becomes an un-stretchable rope. When EL filed his patent application, he named himself as the sole inventor.

Patent Law 78

Patent Law Law Patent Patent Application 78

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. Gear patent and Accused infringer below). by Dennis Crouch. 3d 665 (Fed.

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Design Patent Art Design Designs 81

Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. ” quoting Motion Picture Patents. But, that decision sparked a major reform effort.

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Patent Law Patent Law Invention 111

The IPKat

FEBRUARY 4, 2025

Companies are being forced to tackle these issues head-on as the IP law advances almost as quickly as the science. Nonetheless, the inventive story behind a novel compound may still play a crucial role during patent prosecution and/or subsequent litigation.

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IP Invention Inventor Patent 64

IP Watchdog

OCTOBER 12, 2022

Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law. The Pride in Patent Ownership Act requires those who acquire patents to publicly register their ownership assignments with the U.S. Patent and Trademark Office (USPTO) within 120 days.

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Ownership Patent Patent Infringement Trademark 131

Kashishipr

OCTOBER 13, 2021

What is a Provisional Patent Application? Usually, the inventor is under constant fear of leakage of information relating to the invention as a certain disclosure has to be made to the manufacturer. It is for this reason that inventors prefer signing a binding Non-Disclosure Agreement (NDA).

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Patent Application Patent Inventor Invention 105

The IP Law Blog

AUGUST 19, 2021

How many of the lawyers out there liked hypotheticals in law school? So, for those of you who enjoy hypotheticals, here it is: Company A, a North Carolina LLC, owns four patents. And assume that the Western District of Texas is a very fast and favorable court for plaintiffs in patent infringement cases.)

Patent Infringement 98

Patent Infringement Inventor Business Technology 98

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

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.

Inventor 69

Inventor Invention Patent Infringement Patent Law 69

The IP Law Blog

OCTOBER 7, 2021

If the patent has already been issued, it can be invalidated for failure to satisfy the written description requirement. billion for patent infringement was reversed for just this reason. Juno sued Kite for patent infringement, alleging that Kite’s immunotherapy technology infringed Juno’s patent.

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Patent Invention Patent Infringement Inventor 98

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 80

IP Law 360

FEBRUARY 24, 2022

District Judge Alan Albright should block a fintech inventor who’s sued Samsung, McDonald's and dozens of others from filing more patent infringement cases, pointing out that he's boasted online about "his strategy to get rich." PayPal will argue next week that U.S.

Inventor 40

Inventor Intellectual Property Patent Patent Infringement 40

Kashishipr

MAY 25, 2022

Before we delve into understanding the concept of Patent Search , let us first make ourselves familiar with the definition of a patent. A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. 2) Patentability/Novelty Search.

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Patent Patent Application Inventor Invention 78

IIPRD

MARCH 4, 2024

Components of Intellectual Property Rights and Case Laws. Case Law on Copyright in India. Patents : – It is a right which is granted to protect the interest of an invention, to protect the interest of the inventors for their new inventions. This is one of the famous case laws on patent infringement.

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Intellectual Property Invention Trademark Copying 98

The IP Law Blog

APRIL 14, 2022

In response, Pandaloon filed a Motion to dismiss Count Three of the Complaint—in which CCC alleges that the D325 Patent is unenforceable due to inequitable conduct—on the ground that it fails to state a claim for relief under Rule 12(b)(6) of the Federal Rules of Civil Procedure.

Art 98

Art Inventor Patent Infringement Patent 98

IP Law 360

MARCH 14, 2024

Whitestone Law cannot represent both a Finnish inventor in his patent infringement case against Netflix and a nonparty that paid some of the inventor's legal bills, a California federal judge ruled Thursday, saying the two are now at odds following accusations by Netflix against both.

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Inventor Patent Infringement IP Law 52

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. Lawyer arguments in these hearings are very interesting, and you can learn a lot about the law.

Patent Infringement 98

Patent Infringement Invention Technology Law 98

The IP Law Blog

JANUARY 18, 2024

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.” While there are certain rights in common law trademarks, greater protection is afforded by registering the mark with the USPTO. in connection with an internal commercial use.”

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Confidentiality Invention Business Artistic Work 113

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.

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Patent Intellectual Property Invention Inventor 102

LexBlog IP

AUGUST 11, 2021

With all these various fast food restaurants entering the fray, why did Chick-fil-A or other early players in the chicken sandwich game not block these upstarts with copyright or patent infringement injunctions? A 2015 court case and trade secret law help shed some light on this question.

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Intellectual Property Law Intellectual Property Law Social Media 52

Patently-O

OCTOBER 26, 2022

Molly Metz is a competitive jump-roper ( 5-time world champ ) and also an inventor of an innovative jump rope handle that allows super speed jumping loved by both competitors and cross-fit freaks. Patent Nos. There has been massive infringement since her patents issued 10-12 years ago. 7,789,809 and 8,136,208.

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Patent Infringement Inventor Patent Law 81

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.

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Patent Infringement Invention Patent Patent Law 52

Patently-O

OCTOBER 11, 2021

US Inventor Inc. In February 2021, US Inventor and others collectively sued the USPTO asking the court to order the USPTO to issue rulemaking regarding discretionary considerations at the institution stage of AIA Trials. In other words, the patent laws are integral to the lawsuit. by Dennis Crouch. Hirshfeld , No.

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Inventor Patent Law Law Patent 80

IPilogue

DECEMBER 20, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 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.

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Litigation Inventor Invention Licensing 118

Patently-O

JULY 21, 2022

Symbiont’s US Patent No. The inventor Mark Holt is also owner of Symbiont. Holt was part of forming two additional companies, BJM and Matrix and Symbiont licensed the technology (including the patent) to those companies. patent laws are subject to exclusive jurisdiction of the Federal Court system.

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Licensing Patent Patent Law Intellectual Property 78

JD Supra Law

JULY 28, 2021

Supreme Court recently decided a case resolving a patent dispute between two medical device companies, Hologic, Inc. The opinion was closely watched because it raised the question of whether an inventor who has assigned a patent is legally prevented from later attacking the validity of that same patent —.

Patent Infringement 42

Patent Infringement Inventor Patent 42

JD Supra Law

AUGUST 18, 2021

the Federal Circuit held that language the inventor agreed to via his employment agreement “did not effectuate a present automatic assignment of [his] patent rights.” The issue arose in the context of a motion to dismiss a patent infringement suit for failing to be brought by the patent owner.

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Inventor Patent Infringement Patent 55

IP Law 360

OCTOBER 2, 2024

Noting that both parties had unclean hands, a Texas federal judge denied State Farm's request for sanctions in consolidated patent infringement cases brought by an inventor who patented driver monitoring technology that he claims the insurer and automakers Mercedes-Benz and Honda used without permission.

Inventor 52

Inventor Patent Patent Infringement Technology 52

Fish & Richardson Trademark & Copyright Thoughts

MAY 27, 2021

This recognition acknowledges those law firms and attorneys who help make the Patent Pro Bono Program a success. The Fish attorneys recognized and their respective programs include: Timothy Riffe – California Inventors Assistance Program. Yao Wang – California Inventors Assistance Program. Tracy Hitt – Georgia PATENTS.

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Due Diligence Inventor Patent Patent Prosecution 52

JD Supra Law

JULY 9, 2021

has important implications for inventors who assign patent rights, employers to whom employees assign patent rights, other assignees, and litigants in patent infringement suits involving patents in which rights were assigned. Supreme Court’s June 29 decision in Minerva Surgical, Inc. Hologic, Inc.

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Inventor Patent Infringement Litigation Patent 59

Patently-O

AUGUST 26, 2022

By David Hricik, Mercer Law School. 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.

Ownership 56

Ownership Inventor Patent Due Diligence 56

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. Each was dismissed.

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Patent Infringement Inventor Patent Invention 52

IP Law 360

SEPTEMBER 21, 2023

A California federal judge granted a preliminary injunction on Thursday requested by Netflix against a Finnish inventor suing it for patent infringement, ordering the inventor to cease transferring his assets to his Finnish entity and declining to consider a late argument that the transfers are needed to pay living expenses.

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Inventor Patent Patent Infringement 49

SpicyIP

JULY 25, 2023

This article was originally published on Bill of Health , the blog of Petrie-Flom Center at Harvard Law School. Is Messenger RNA Patent-Eligible? Amid ongoing patent disputes over the mRNA platform , a significant scientific question remains unanswered: whether mRNA itself is patent-eligible. Moderna’s patent no.

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Patent Invention Litigation Law 97