SpicyIP

MARCH 21, 2024

This report which is mandated under American law and placed before the US Congress, requires the USTR to conduct a review of the intellectual property (IP) laws and enforcement policies of American trading partners in order to identify those laws or practices which maybe detrimental to American interests.

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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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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.

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Patent Trademark Blog

JUNE 15, 2023

How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. What if you cannot afford half the cost of a nonprovisional application?

Design Patent 52

Design Patent Patent Patent Application Designs 52

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. After talking again with Jane, EL decided to patent the device. Question 3.

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Patent Law Law Patent Patent Application 76

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 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

The IP Law Blog

JUNE 9, 2022

If, however, the article has an ornamental design but is also functional, it may be the subject of both a design patent and a utility patent. In order to obtain a design patent, the applicant must file a patent application. A design patent has several advantages over a utility patent.

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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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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

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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Intepat

MAY 22, 2023

However, something more than conception is required for an invention to be ready for patenting. A patent provides an exclusive right to the inventor. To get a patent, technical information about the invention must be disclosed to the public in a patent application. Patents are territorial rights.

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Inventor Invention Patent Patent Application 52

LexBlog IP

SEPTEMBER 29, 2022

Understanding these three underlying principles will enable Applicants in China to better understand the best situations for filing both types of applications. Chinese Utility Model and Patent Prosecution. Unlike invention patent applications, there is no substantial examination of utility models.

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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 62

Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed. Compare D.L.

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Patent Invention Inventor Patent Application 40

SpicyIP

AUGUST 2, 2021

Dr. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. She discusses how this recommendation lacks nuance and showcases a myopic understanding of copyright law without consideration for the impact it would have on education and access.

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IP Intelligence

OCTOBER 12, 2021

Specifically, if an ordinary observer would find the accused product to be “substantially the same” as the claimed design, there is infringement. [4]. On top of these benefits, the Federal Circuit recently provided another benefit to design patent applicants.

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IP and Legal Filings

JANUARY 21, 2022

Also, Huawei wants to have a strong patent portfolio in the Chinese market where all such measures are more or less beneficial for it. After nearly a year of negotiations, talks between the two companies broke down in January 2020, after which Huawei filed several infringement lawsuits against Verizon in Texas courts. Chinese market.

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Confidentiality Marketing Marketing Licensing 52

Patently-O

SEPTEMBER 13, 2022

The Supreme Court’s 2021 decision retained assignor estoppel as a cognizable patent law doctrine that can bar a former patent owner from later challenging the patent’s validity. ” The embodiments in the application all use a “moisture permeable” applicator head.

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Invention Inventor Patent Application Patent 60

More Than Your Mark

NOVEMBER 30, 2018

Patents have issued with at least one claim containing the word “cannabis” or “cannabinoid.” The USPTO applies the same legal standard when reviewing utility patent applications related to cannabis, as it does to all other inventions. In short, a substance’s Schedule I classification is irrelevant to its patentability.

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The IP Law Blog

FEBRUARY 2, 2023

To be patentable, however, both designs and functional inventions must satisfy two requirements. Second, they must be nonobvious over the prior art (similar inventions that existed before the patent application was filed and are known to the public). The patent covered a design for a vehicle front fender.

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Design Patent Designs Design Patent 98

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

In addition, five attorneys served as judicial law clerks or interns. Ashley litigates disputes across a wide range of technologies, including consumer electronics, software applications, semiconductors, and medical devices. From 2019 to 2020, Ashley served as a judicial law clerk to the Honorable Kimberly A. Moore of the U.S.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52

Patent Patent Application Government Designs 52

SpicyIP

MARCH 11, 2024

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. Anything we are missing out on? Please let us know in the comments below.

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IP and Legal Filings

MARCH 27, 2024

Introduction The main emphasis of the case pertains to accusations of patent infringement made by the defendant, as well as the subsequent pursuit of damages. The purpose of submitting the application was to mitigate the risk of patent infringement amongst the ongoing legal proceedings.

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Invention Patent Patent Infringement Technology 69

IP and Legal Filings

SEPTEMBER 13, 2022

Hence, the software has to be a new invention to be patentable. The question of whether particular software is patentable or not as held in the case of Bishwanath Prasad Radhey Shyam v. Should you go for Patents or Copyrights? In the case of Ferid Allani v. It is rare to see a product which is not based on a computer program.”.

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Patent Invention Inventor Technology 52

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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IIPRD

JUNE 24, 2024

‘The Paris Convention’, adopted in March 1883 and revised in the years 1900, 1911, 1925, 1934, 1958, 1967, and 1979, comprehensively addresses “patents, utility models, industrial designs, trademarks, service marks, trade names, and geographical indications”. [1] 4 (1986): 423–40. [6] 6] Supra note 4, art. 8, 9, 11, 12 and 14. [7]

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IP Intelligence

JULY 25, 2022

In an attempt to broaden a patent’s disclosure and provide Section 112 support for features that are not explicitly disclosed within the patent’s specification (such as reagents, assays, techniques, etc.), But acknowledging that features of a claimed invention are conventional, well-known or routine can be detrimental to patentability.

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Invention Art Patent Patent Application 52

Patently-O

APRIL 16, 2024

by Dennis Crouch Law school civil procedure courses spend very little time on proper venue because, in most cases venue is proper so long as the district court has personal jurisdiction over the defendant. This portion of the bill is entitled the “ Venue Equity and Non-Uniformity Elimination Act of 2024 or VENUE Act.”

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