JD Supra Law

JULY 11, 2024

Here, the Intellectual Property Litigation Group offers some of its own reactions to this decision's implications for patent law. Venable has offered general thoughts on the potential fallout from the Supreme Court's reversal of the long-standing Chevron deference, as well as practice area-specific analysis. By: Venable LLP

Patent Law 66

Patent Law Law Intellectual Property Patent 66

Patently-O

MARCH 25, 2024

By David Hricik, Mercer Law School I realize most readers aren’t law professors, so you can stop now… I have taught IP courses for years and often the books seek to teach the subject through cases, which is a very difficult way to learn it.

Patent Law 76

Patent Law Law Patent Litigation 76

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

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

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 .

Intellectual Property 80

Intellectual Property Litigation Editing Law 80

JD Supra Law

FEBRUARY 21, 2024

Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar.

Licensing 66

Licensing Litigation Patent Patent Law 66

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.

Design Patent 134

Design Patent Design Designs Patent 134

JD Supra Law

FEBRUARY 26, 2024

Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar.

Licensing 66

Licensing Litigation Patent Patent Law 66

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

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

Art 126

Art Journalism Patent Law Invention 126

Patently-O

JANUARY 17, 2022

The Deepsouth case was about patented equipment for deveining shrimp in order to render them “more pleasing to the fastidious as well as more palatable.” Deepsouth litigated its case to the Supreme Court, and the Court eventually allowed the company to escape some portion of its adjudged liability based upon the territorial limits of U.S.

Patent 122

Patent Invention Litigation Patent Law 122

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

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

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

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 66

Patent Law Law Patent Editing 66

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. This exposes some concerns about our patent laws.

Patent Infringement 115

Patent Infringement Law Patent Ownership 115

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

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 66

Litigation Patent Patent Law Trademark 66

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

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

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

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

The IP Law Blog

JANUARY 6, 2022

As background, on March 19, 2020, the court granted a motion to stay the instant case during the pendency of an inter partes review of one of the patents at issue. Thus, the court had to decide whether to stay the case for a second time pending review of one of the patents at issue.

Litigation 98

Litigation Patent Art Patent Law 98

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 103

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

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

IPilogue

OCTOBER 14, 2022

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. In the latest development in the global patent wars between Google and Sonos, Google has sued Sonos, having filed two suits in the United States District Court for the Northern District of California on August 8, 2022.

Patent Infringement 105

Patent Infringement Patent Technology Patent Law 105

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

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

Journalism 105

Journalism Art Patent Law Invention 105

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.

Patent 98

Patent Patent Law Litigation Law 98

Patently-O

MAY 10, 2022

Ryan Abbott is set to argue on behalf of the patent owner (and AI creator) Stephen Thaler. But, the PTO refused to issue the patent without a human listed inventor. ” Abbott and Barghaan litigated the case below as well. The question on appeal: As stated by Thaler: “whether an AI-Generated Invention is patentable.”

Invention 100

Invention Inventor Patent Litigation 100

Patently-O

JANUARY 11, 2022

Prior to 1891, appeals in patent cases went directly to the Supreme Court, and the Court decided lots of patent cases. In 1891, Congress created the regional circuit courts of appeals as a buffer between the trial courts and the Supreme Court and the number of high-court patent cases began to fall. 364 (1948). 238 (1944).

Patent 131

Patent Invention Art Patent Infringement 131

IP Watchdog

JANUARY 9, 2024

Little about the law seemed ripe for dispute or change, nevertheless, in Amgen v. Seven months later, innovators and patent practitioners are still scratching their heads. Is there a sign lower courts are interpreting Amgen as signaling a change in American patent law or did it merely ratify what already existed?

Patent 111

Patent Patent Law Law Litigation 111

Patently-O

AUGUST 4, 2021

A world first – South Africa recently made headlines by granting a patent for ‘a food container based on fractal geometry’ to a non-human inventor, namely an artificial intelligence (AI) machine called DABUS. Each of these three jurisdictions found sufficient reasons in these formalities to reject DABUS’ patent applications.

Invention 128

Invention Patent Inventor Intellectual Property 128

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.

Art 112

Art Patent Law Litigation Law 112

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 Design Designs 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