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.

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Law Patent Invention Intellectual Property 109

Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

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Patent Application Litigation Patent Prosecution Patent 52

JD Supra Law

FEBRUARY 28, 2024

According to Statista*, in 2020 computer technology patents made up the majority of patent applications in the U.S., totalling approximately 60,000 patents. In 2022, Unified Patents** found that software, hardware, and networking-related litigations constituted approximately 70% of all district court litigations.

Technology 73

Technology Litigation Patent Infringement Patent Application 73

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. The case was remanded back to the USPTO 10 months ago, and not patent has issued yet.

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Design Patent Art Designs Design 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

Indiana Intellectual Property Law

MARCH 21, 2023

DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement. According to the Complaint, DSI’s software includes numerous technological improvements that were captured in a family of patent applications. In 2022 the United States Patent and Trademark Office issued Patent No.

Patent Infringement 52

Patent Infringement Litigation Patent Patent Application 52

The IPKat

FEBRUARY 19, 2023

Do common law doctrines such as the doctrine of (un)clean hands apply in the consideration of a patentee's claim for patent infringement in South Africa? Background The case was about the trial court’s decision refusing Villa Crop’s application for leave to amend its pleadings (i.e., Patentee not the patent!

Intellectual Property 52

Intellectual Property Patent Infringement Law Patent 52

SpicyIP

DECEMBER 2, 2024

Here is our recap of last week’s top IP developments including summaries of the posts on IPO’s patent application rejection of HIV drug Dolutegravir, another judgement in the long-running Section 3(k) saga, this time on the patentability of business methods and the DHC IPD’s Annual Report 2023-24. In this post by Kartikeya S.,

Invention 52

Invention Trademark Reporting Editing 52

LexBlog IP

MARCH 5, 2023

Lite-Netics brought a patent infringement action against HBL, and sent two notices, one before filing suit and one after, to its customers (some of which were also HBL customers), informing them of allegedly infringing competitors in the market and stating Lite-Netics’s intent to enforce its patent rights.

Patent Infringement 52

Patent Infringement Patent Litigation Intellectual Property Law 52

Kashishipr

MAY 25, 2022

All in all, the advantages of conducting a patent search are as follows: The chances of patent grant increase; You get clarity in drafting a patent claim in your Patent Application ; The scope of patent protection extends; and. It helps keep track of similar patents and the status of other patent filings.

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Patent Patent Application Inventor Invention 78

SpicyIP

AUGUST 22, 2021

PV Sindhu’s Olympics Victory: How Non-Sponsors Skirt the Law by ‘Congratulating’ Athletes. In a guest post , Satchit Bhogle covered the issue of infringement of personality rights. Call for Applications: Research Assistants – IPR Chair at NALSAR, Hyderabad [Apply by August 25]. had infringed on five patents held by Sonos.

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Personality Rights Reporting Social Media Branding 119

Kashishipr

DECEMBER 28, 2021

The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO) , thereby authorizing one another to use some of their respective patented technologies without worrying about Patent Infringement. Overcoming Obstacles . Bottom Line. For more visit: [link].

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IP Patent Invention Licensing 105

Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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Design Patent Designs Design Patent 134

IP Watchdog

DECEMBER 31, 2021

The Federal Circuit issues precedential decisions finding Intel has Article III standing to appeal Qualcomm IPRs from the PTAB; the Federal Circuit announces oral arguments in January 2022 will be telephonic; Germany’s patent office announced that urban air mobility patent application filings have tripled from 2016 to 2020; the PTAB institutes an IPR (..)

Patent Application 64

Patent Application Patent Infringement Government Technology 64

Patently-O

JANUARY 4, 2024

Hsuanyeh Law Group v. 2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. 2013 WL 6242843, at *1 (N.D.

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Plagiarism Fair Use Copying Copyright Infringement 124

The IP Law Blog

MARCH 16, 2023

I recently wrote about the patent infringement lawsuit filed by Moderna against Pfizer/BioNTech over the COVID-19 vaccine. In its complaint filed in federal district court in Boston last August, Moderna alleged that Pfizer/BioNTech infringed three of Moderna’s patents in developing the Pfizer/BioNTech COVID-19 vaccine.

Technology 98

Technology Licensing Patent Application Patent Infringement 98

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Ridge Wallet LLC , — F.4th 4th — (Fed.

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Art Branding Brands Branding 124

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

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

Intellectual Property Law Blog

DECEMBER 15, 2023

Allgenesis also asserted settlement conversations as evidence of a likelihood of litigation for patent infringement when Allgenesis brings its product to market. However, the Federal Circuit rejected this argument and determined that Allgenesis did not establish that the Board’s decision will have preclusive effect.

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Marketing Marketing Settlement Patent 162

LexBlog IP

APRIL 5, 2023

Navigating Korean Patent Law Changes: Accelerated Examination, PTEs, and Court Decisions @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: Maximizing Patent Term Extension(PTEs) Korea’s patent term extension (PTE) is flexible in enabling the potential for multiple extensions.

Patent Law 52

Patent Law Law Intellectual Property Patent 52

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 ). Indeed, Bioo had filed its own patent application ( WO 2022/058500 ) describing these advantages of its two-compartment design. T he court proposed a novel four-part test.

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Invention Art Patent Designs 90

The IPKat

FEBRUARY 22, 2023

Here’s what you missed from the IPKat last week: Copyright Chiara Gallo reported on the happenings at this year’s edition of the Sanremo Music Festival, and discussed how Italian copyright and criminal law protect street art.

Editing 69

Editing Music Patent Application Art 69

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

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? patent enforcement and litigation; c.

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Patent Intellectual Property Invention Inventor 102

Patently-O

MARCH 13, 2022

Recent Headlines in the IP World: Blake Brittain: Patent Judge Leaves U.S. Tribunal for Law Firm Arnold & Porter (Source: Reuters). Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Klarquist – Chemistry Patent Attorney/Agent.

Patent Prosecution 69

Patent Prosecution Intellectual Property Patent Journalism 69

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. Lee may be affiliated.

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Invention Intellectual Property Inventor Intellectual Property Law 131

JD Supra Law

NOVEMBER 14, 2022

In China, we indeed have estoppel doctrine, but it is not provided in the Patent Law. However, in the Judicial Interpretations of the Supreme People's Court (SPC) about hearing the patent infringement litigation, the estoppel doctrine has been stipulated many times.

Patent 52

Patent Patent Application Patent Infringement Patent Law 52

Patently-O

DECEMBER 4, 2022

Daniel Davies: Supreme Court of Canada Affirms Record-Setting $645M Patent Infringement Award in Dow v Nova (Source: JD Supra). Alessandro Mascellino: Apple Patent Application Hints at Identifying People Like Puzzle Pieces (Source: BiometricUpdate.com). Okada Patent & Trademark Office, P.C. Nintendo of America.

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Patent Journalism IP Patent Application 64

The IP Law Blog

MAY 11, 2023

Pure Hemp also alleged the district court erred in not awarding attorney fees because of alleged inequitable conduct by the patent applicant. The patent prosecutor argued the copied portions consisted of background information, making the prior art not material to the applications.

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Litigation Art Patent Application Copying 98

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

The IPKat

DECEMBER 22, 2022

An Arrow declaration is a declaration that a product, process or use was lacking in novelty or obvious as at the priority date of a patent application. The declaration means that the applicant will have a Gillette defence to patent infringement claims about that product, process, or use. The appeal was dismissed.

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Marketing Marketing Patent Infringement Patent 83

LexBlog IP

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.

Law 52

Law Invention Patent Intellectual Property 52

Biswajit Sarkar Copyright Blog

NOVEMBER 8, 2023

billion in sales in the second quarter of the previous financial year for Novo Nordisk and the company was swift to file a case of patent infringement against Viatris when it was made aware of a patent application made by the latter for a drug that was similar in composition and dosage to its blockbuster drug Ozempic.

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Social Media Marketing Marketing Patent 83

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. Then, the inventor’s former company sues the inventor or the inventor’s current company for patent infringement.

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Inventor Invention Patent Application Patent Infringement 55

Patent Trademark Blog

DECEMBER 11, 2023

Patent violations are becoming increasingly prevalent among Amazon sellers. Whether you are a patent owner or an Amazon seller, you need the right kind of legal expertise when it comes to patent infringement. Patent agents do not litigate and, therefore, have little to no infringement experience.

Patent 52

Patent Patent Infringement Licensing Litigation 52

The IP Law Blog

APRIL 21, 2022

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. Some things, referred to as patent-ineligible subject matter, are not patentable: laws of nature, natural phenomena, and abstract ideas.

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Invention Patent Patent Law Patent Infringement 98