IP Watchdog

JANUARY 12, 2022

The question is often discussed in private among patent attorneys who find themselves completely befuddled by the wanton disregard and open duplicitous handling of patent laws by the Nation’s High Court. The whim and fancy – and intellectual dishonesty – of the Supreme Court knows no bounds when it comes to patent law.

Patent Law 131

Patent Law Law Patent Technology 131

IP Watchdog

MAY 30, 2024

Vidal, urging Court to take up Cellect’s appeal from the invalidation of its patent claims to image sensors for obviousness-type double patenting (ODP). patents despite the fact that the traditional basis for ODP doctrine no longer exists under U.S. patent law.

Patent Law 59

Patent Law Intellectual Property Law Law Patent 59

JD Supra Law

NOVEMBER 14, 2023

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 63

Litigation Patent Patent Law Trademark 63

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 75

Patent Law Law Patent Art 75

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

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

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.

Litigation 98

Litigation Patent Confidentiality Settlement 98

JD Supra Law

SEPTEMBER 20, 2024

This case addresses the application of issue preclusion in scenarios where two closely related cases allege patent infringement against different versions of the same technology. By: Sheppard Mullin Richter & Hampton LLP

Patent Law 63

Patent Law Patent Infringement Patent Law 63

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

Patently-O

OCTOBER 6, 2024

by Dennis Crouch In a recent decision, the Federal Circuit addressed several key issues in intellectual property litigation, including the scope of "absolute litigation privilege" under Illinois law, trade dress functionality, and the consequences of discovery sanctions. To continue reading, become a Patently-O member.

Litigation 52

Litigation Intellectual Property Patent Law Design 52

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.”

Patent Law 106

Patent Law Law Patent Art 106

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

Patent Law 98

Patent Law Reporting Law Patent 98

The IPKat

SEPTEMBER 3, 2024

But why does annual Belgian patent review come at the end of Summer every year? With regard to the foreign decisions, the Court observed that none of them were a decision on the merits and that in some cases, as opposed to others, the patent was held to be prima facie valid. Or (partly) back on track?

Litigation 60

Litigation Law Patent Invention 60

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

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 69

Patent Law Patent Law Litigation 69

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

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

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

JD Supra Law

NOVEMBER 20, 2024

Kilpatrick’s Steve Borgman and Andrew Saul recently presented at the 29th Annual Advanced Patent Law Institute in Austin, Texas, on recent cases and trends in the courts and the USPTO involving Section 101, as well as some of the highlights (or lowlights) in the 10 years since Alice. By: Kilpatrick

Patent Law 63

Patent Law Litigation Law Patent 63

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

Design Patent 52

Design Patent Patent Law Designs Design 52

LexBlog IP

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

Litigation 52

Litigation Patent Intellectual Property Branding 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

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 96

Patent Law Law Inventor Patent 96

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

SpicyIP

OCTOBER 1, 2024

We are pleased to bring to you this sponsored post by IP Press on the extension of the registration deadlines for their Comprehensive Course on Patents, in collaboration with S. The IP Press presents the third cohort of the Comprehensive Course on Patents. Majumdar & Co.who are experts in the field of Patents.

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Registration Intellectual Property IP Patent Drafting 84

JD Supra Law

AUGUST 2, 2024

In May, the Federal Circuit eliminated the long-standing test for design patent obviousness. In its place, the Federal Circuit emphasized a flexible approach to the design patent obviousness analysis, grounded in the Graham factors.1 1 This is a big change in design patent law.

Design Patent 66

Design Patent Litigation Designs Design 66

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 66

Patent Law Law Patent Invention 66

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.

Patent 111

Patent Patent Law Law Litigation 111

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.

Patent 119

Patent Invention Inventor Litigation 119

JD Supra Law

JULY 31, 2024

Director Review at the Patent Trial and Appeal Board (PTAB) remains a hot topic in patent law. The Director first established an interim process for Director Review in the wake of the Supreme Court’s 2021 decision in United States v.

Litigation 63

Litigation Patent Law Law Patent 63

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

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

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 ".

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Publishing Patent Patent Infringement Intellectual Property 142

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 80

Patent Law Law Patent Settlement 80

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 61

Patent Law Law Patent Prosecution Patent 61

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.

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Litigation Patent Reporting Patent Law 60