Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund (No.

Patent Law 73

Patent Law Law Patent Art 73

Patently-O

OCTOBER 10, 2022

Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” by Dennis Crouch. Westview Instruments, Inc.,

Patent Law 97

Patent Law Law Patent Invention 97

Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. Bottom line, no patent cases were decided by the Court in the 2021-2022 term and none were granted certiorari for the new term starting this week. Of the 17 pending patent-focused petitions, 13 are set to be decided at the long conference.

Patent Law 125

Patent Law Law Patent Invention 125

The IP Law Blog

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? The party must identify the third-party funder and whether the third-party funder has the right to approve litigation or settlement decisions. The issue arose as a result of two standing orders issued by Judge Connolly.

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Litigation Patent Confidentiality Settlement 98

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2022

Fish & Richardson is pleased to announce that the firm has been named a “Law Firm of the Year” for Litigation – Intellectual Property and Litigation – Patent in U.S. News & World Report – Best Lawyers “Best Law Firms” 2023 edition. Litigation – Intellectual Property . Litigation – Patent .

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Intellectual Property Litigation Editing Law 80

Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

Patent Law 95

Patent Law Law Patent Litigation 95

The IPKat

JANUARY 24, 2023

This Kat is delighted to review “ A Practitioner’s Guide to European Patent Law: For National Practice and the Unified Patent Court ” (Hart Publishing, 2022, 664 pp.). The book consists of seventeen chapters, mainly on substantive law, but it also addresses certain procedural matters and questions of international private law.

Patent Law 84

Patent Law Law Patent Editing 84

IP Watchdog

JULY 15, 2024

While obviousness-type double patenting (ODP) has a long history, Supreme Court precedent and common sense make it clear that the time has come to put ODP to rest. The original rationale for it has long passed, and it is a judicially-created exception to the patent statute that cannot stand.

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Patent Patent Law Law Litigation 109

Patently-O

SEPTEMBER 20, 2021

So far, the Supreme Court has not granted certiorari in any patent cases for its 2021-2022 Term. Tormasi is a convicted murderer and also a patentee seeking to enforce his disk-drive patent. That provision states that an individual’s capacity to sue is determined by “the law of the individual’s domicile.”

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Patent Law Law Patent Art 104

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.

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Patent Invention Inventor Litigation 117

JD Supra Law

AUGUST 16, 2023

The past several years have brought a dizzying array of changes in patent law, between proposed new legislation, new USPTO filing procedures, and Supreme Court activity at a rate not seen in decades. By: Practising Law Institute (PLI)

Patent Law 52

Patent Law Law Patent Litigation 52

JD Supra Law

FEBRUARY 18, 2022

2022 is expected to be another busy year in the world of patent litigation. We fully expect persistence in these spaces: STANDARD-ESSENTIAL PATENT (SEP) LICENSING AND THE GROWING DEMAND FROM TECH COMPANIES FOR INDUSTRY STANDARDS - After the number of disputes involving SEPs. By: McDermott Will & Emery

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Patent Law Reporting Law Patent 98

IP Watchdog

NOVEMBER 2, 2023

The most recent chapter ended with the district court finding the Sonos patents at issue in their patent litigation against Google were unenforceable due to laches because Sonos had the audacity to file a continuation and seek claims supported by—and actually incorporated from—an earlier filing.

Patent Law 67

Patent Law Patent Law Litigation 67

IP Law 360

OCTOBER 17, 2023

Carlton Fields has hired a partner from Fox Rothschild LLP who focuses her practice on patent litigation with clients in the pharmaceutical, biotechnology, cannabis and psychedelic industries, the firm announced Tuesday.

Patent Law 52

Patent Law Law Patent Litigation 52

The IP Law Blog

JUNE 1, 2023

Kewalramani), the Central District of California denied Defendant Netflix’s attempts to compel Plaintiff GoTV Streaming to provide documents and further information as to the source of the litigation funding that GoTV received in conjunction with the patent litigation.

Litigation 96

Litigation Licensing Settlement Patent 96

JD Supra Law

DECEMBER 15, 2022

Patent and Trademark Office (PTO) are constantly reshaping patent law, and this program will teach you everything you need to know about the basics of patent litigation in this dynamic, rapidly changing landscape. Whether you’re a novice or experienced patent litigator, By: Practising Law Institute (PLI)

Litigation 52

Litigation Patent Patent Law Trademark 52

Patent Trademark Blog

APRIL 5, 2023

Does it make sense to get a patent in China? One of the most frequent questions I get about getting a patent in China is whether anyone should even bother. Why file a patent overseas when you cannot enforce it? Keep in mind that I am a US patent attorney. Need to file a patent in China?

Patent 98

Patent Patent Application Litigation IP 98

Managing IP

JUNE 10, 2021

Sources say updates to the Chinese Patent Law regarding design patents are likely to bring in a wave of new filings, and a surge in litigation along with it

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Design Patent Patent Law Designs Design 52

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. See [link].

Patent Law 94

Patent Law Law Inventor Patent 94

Patently-O

JULY 9, 2024

by Dennis Crouch I recently provided a set of interesting data on the large number of patents that are “at risk” of being invalidated based on the Federal Circuit’s Cellect decision. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system. 4th 1216 (Fed.

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Patent Invention Patent Application Art 106

The IPKat

JULY 30, 2021

For his parting post, he returns to Germany and patent injunctions. As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ]. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

Patently-O

JANUARY 18, 2022

Even if you are not a litigator, you may still remember learning about the R.26(a)(1) Some areas of law have particular additional disclosure requirements. One example — old patent law. Patent Act of 1836, Section 15. 26(a)(1) initial disclosures required at the start of a lawsuit. Allis , 76 U.S. 737 (1869).

Patent Law 65

Patent Law Law Patent Invention 65

JD Supra Law

OCTOBER 20, 2023

With expansive new federal legislation targeting PBMs, Medicare proceeding apace in negotiating drug prices, ongoing litigation over access to mifepristone and other women’s healthcare, and expansion of DOJ enforcement interest in digital health, the health care industry continues to change dramatically.

Patent Law 77

Patent Law Law Government Litigation 77

LexBlog IP

FEBRUARY 27, 2023

The District of Delaware is renowned as a patent litigation hot spot, but the district sees its fair share of other IP litigation. Future litigants in the District of Delaware should be aware of potential arguments relating to non-infringing alternatives as they potentially relate to both patent and copyright damages.

Litigation 52

Litigation IP Patent Copyright 52

JD Supra Law

DECEMBER 22, 2023

On December 8, Partner Nena Bains and Counsel Yifan Mao presented “Best Practices in Patent Drafting: Addressing 112 and Enablement After Amgen” at the 24th Annual Berkeley-Stanford Advanced Patent Law Institute organized by Berkeley Center for Law & Technology and Stanford Law School.

Patent Drafting 66

Patent Drafting Patent Patent Law Litigation 66

The IPKat

APRIL 24, 2023

Last Friday, WIPO published An International Guide to Patent Case Management for Judges. For each jurisdiction, there are several chapters which sets out the procedure and practice for managing patent cases, namely patent infringement cases., while also " integrating pertinent patent law doctrines ".

Publishing 142

Publishing Patent Patent Infringement Intellectual Property 142

The IPKat

JULY 16, 2024

This is a review of the twentieth edition of Terrell on the Law of Patents , which was released at the end of June 2024. Since the last edition in 2020, there have been significant developments in UK intellectual property law, although the effects of Brexit have been somewhat limited in the realm of patent law.

Law 60

Law Editing Patent Intellectual Property 60

The IP Law Blog

NOVEMBER 17, 2022

In patent infringement cases, venue is proper under 28 U.S.C § 1406(a) where either (1) the company accused of infringement is incorporated or (2) where the company has committed acts of infringement and has a “regular and established place of business.” However, the Federal Circuit’s ruling in In re Monolith Power Systems, Inc.

Litigation 98

Litigation Patent Business Patent Infringement 98

Patently-O

SEPTEMBER 6, 2022

Zachary Silbersher is a NY Patent Attorney. The allegation was that Allergan fraudulently obtained patents covering Alzheimer’s drug treatments with the result of inflated Medicare drug prices. Here, the basis of Silbersher claim stem from the prosecution history files of the Allergan patent applications. ” Id.

Patent Law 60

Patent Law Law Patent Prosecution Patent 60

Patently-O

OCTOBER 27, 2021

The Supreme Court has not granted a writ of certiorari in any patent cases this term, and has now denied certiorari in two dozen. The remaining four patent petitions are listed roughly in order of their likelihood of being granted certiorari (in my opinion). 21-406 (reverse payment patent settlement). Neapco Holdings LLC , No.

Patent Law 78

Patent Law Law Patent Settlement 78

IP.com

JUNE 27, 2024

Over the last 2 years AI has been a dominant subject of Intellectual Property, Patent, and Copyright media space, especially as resolutions to cases regarding critical copyright issues and AI inventorship abilities conclude and set new standards for how AI can be used. Patent litigation can be expensive, with the average cost estimated at $3.5

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Intellectual Property Patent Litigation IP 52

Patently-O

JANUARY 24, 2022

Their article Federal Judge Seeks Patent Cases was recently published in the Duke Law Review, and I’m currently working on a project with them on writs of mandamus at the Federal Circuit. Among them was “the arcane but important matter” of judicial assignment and venue for patent cases. Guest post by Professors J.

Litigation 58

Litigation Patent Reporting Patent Law 58

JD Supra Law

JANUARY 23, 2023

TWO GUNS, BUT ONLY ONE BULLET, OR, ONCE IN IPR, DO NOT SAVE YOUR ARGUMENTS FOR LITIGATION A patent can be challenged in court as a defense to an infringement action or through an administrative proceeding before the U.S. However, the Patent Act requires that if an IPR ends. District Court. By: McNees Wallace & Nurick LLC

Patent Law 52

Patent Law Patent Law Litigation 52

The IP Law Blog

MAY 11, 2023

9,730,911 (the “‘911 patent”), entitled “Cannabis Extracts and Methods of Preparing and Using the Same. The ‘911 patent relates to “extraction of pharmaceutically active components … more particularly … botanical drug substance (B.D.S.) UCANN filed for bankruptcy in 2020, which stayed the litigation.

Litigation 98

Litigation Art Patent Application Copying 98

Fish & Richardson Trademark & Copyright Thoughts

JULY 11, 2022

A key part of the patent landscape, the Orange Book provides a reference list of therapeutics that the Food and Drug Administration (FDA) has approved, making it convenient for physicians to find generic equivalents. A key part of the patent landscape, the Orange Book provides a reference list of therapeutics that the U.S.

Patent Law 90

Patent Law Patent Branding Brands 90

JD Supra Law

APRIL 9, 2024

Among the most established standards in patent law is that obviousness requires a motivation to combine the prior art with “a reasonable expectation of success.” The Federal Circuit alone has employed the “reasonable expectation” formulation in hundreds of opinions spanning the past four decades.

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Art Patent Law Litigation Law 109

JD Supra Law

MARCH 3, 2023

In the Hatch-Waxman arena of patent litigation, the crisscross of patent laws and FDA regulations is always in play. 24, 2023), we see another iteration of this with respect to listing a method-of-use patent in the Orange Book. In the recent Federal Circuit decision in Jazz Pharmaceuticals, Inc.

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Patent Patent Law Litigation Law 98