Patent Trademark Blog

MARCH 13, 2024

How do you defend a patent infringement claim? Accusations of patent infringement should be taken seriously. Whether they are asserted in the form of cease-and-desist letter or an Amazon patent violation, an accused infringer needs to gauge the seriousness of the problem. Are your patent claims invalid?

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Patent Trademark Blog

MAY 15, 2024

Instead of asking for money damages or an injunction, the accused infringer is asking the court to render a decision that their products do not infringe a particular patent. Need to defend a patent infringement claim? Second, the patent owner might not want to escalate the fight.

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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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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.

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Patent Trademark Blog

FEBRUARY 22, 2022

What is a Notice of Allowance in a patent application? A Notice of Allowance (NOA) is a USPTO document indicating that a patent application has been allowed. The approval of your patent application is basically the finish line of your journey and presumably the goal of every applicant.

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SpicyIP

AUGUST 1, 2021

Section 11 (b) read with Rule 24B of Patents Rules, 2003 concerning patent application exam stipulates a 48-month period from the date of priority or filing of patent application within which a request for examination of the application needs to be made. Easing such norms makes the process more accessible.

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Patently-O

SEPTEMBER 2, 2022

Rather, Surgisil simply interpreted the claim at issue as requiring a lip implant and then found that a non-lip-implant didn’t satisfy that claim limitation. I will note that SurgiSil was a patent applicant’s appeal from the USPTO. The case was remanded back to the USPTO 10 months ago, and not patent has issued yet.

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Patent Trademark Blog

APRIL 21, 2022

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. Practically speaking, it means that the ordinary observer knows that what designs already existed before the filing of the patented design.

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Patently-O

AUGUST 1, 2021

Recent Headlines in the IP World: Mike Peterson: Apple Hit with Patent Infringement Lawsuit for Selling a Smart Water Bottle (Source: Apple Insider). Piya Jain: The Benefits of Outsourcing Patent Activities for Life Science Companies in a Changing IP Landscape (Source: IAM). Source: SCRIBD. David Beck and Atty.

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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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LexBlog IP

MARCH 5, 2023

Nu Tsai Capital, LLC, [2023-1146] (February 17, 2023), the Federal Circuit vacated a preliminary injunction against Lite-Netics patent-related speech, holding that the district court abused its discretion. Patent Nos. 6 for filing the most patent applications on behalf of those companies. The firm also ranks No.

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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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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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IP Watchdog

MAY 31, 2024

This week in Other Barks and Bites: the U.S.

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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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Kashishipr

MARCH 16, 2022

Irrespective of what may be described by an invention or innovation, a patent only protects what is claimed, i.e., what is written in the patent claims or numbered sentences at the end of a Patent Application. In general, patents last for twenty years from the date of filing (it may vary from one country to another).

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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.

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Patently-O

JANUARY 3, 2024

After talking again with Jane, EL decided to patent the device. He initially filed a provisional patent application in June 2020. That was followed by a non-provisional patent application in January 2021 claiming priority back to the provisional. Question 3.

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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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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 (..)

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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! its defence).

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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 Trademark Blog

SEPTEMBER 20, 2023

Can you include a logo in your design patent application? Let me share a strategy if you’re thinking about filing a design patent application for a new product that might be considered somewhat similar to existing products. It is possible to include a logo in your design patent application for a product.

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Garrigues Blog

JANUARY 12, 2022

In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ). In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement.

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The IPKat

JUNE 26, 2023

It has jurisdiction in respect of European patents, European patent applications, European patents with unitary effect, and Supplementary protection certificates for products protected by a European patent or a Unified patent.

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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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SpicyIP

AUGUST 22, 2021

The Ministry of Commerce and Industry has announced an 80% reduction in patent application fees for all recognised educational institutions. The fee reduction will be applicable to recognised educational institutions in India and abroad. This move has been reported to bring down the application fee from Rs.

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IP Watchdog

FEBRUARY 5, 2022

The following month, BlephEx, LLC filed a patent application, which issued as U.S. 10,449,087 (the ‘087 patent) on October 22, 2019. The ‘087 patent discloses “an instrument for removing debris from an eye during the treatment of an ocular disorder.” Myco Industries, Inc.

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The IP Law Blog

JULY 15, 2021

Explain whether you have changed your behavior with regard to filing, purchasing, licensing, selling, or maintaining patent applications and patents in the United States as a result of the current state of patent eligibility jurisprudence in the United States.

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Patently-O

OCTOBER 5, 2021

Additionally, if you are a patent owner or inventor, please include the number of U.S. and foreign patent applications you have filed; the number of U.S. Patent prosecution strategy and portfolio management; b. patent enforcement and litigation; c. patent counseling and opinions; d. employment; f.

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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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Patent Trademark Blog

APRIL 26, 2022

Design patents, however, present a unique twist. In some cases, a design patent owner might be able to shield themselves from design patent infringement. Patentable Test vs. Design Patent Infringement Test. What changes can help avoid design patent infringement?

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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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The IPKat

FEBRUARY 22, 2023

Patents Chijioke Okorie commented on a ruling of the South African Constitutional Court, which discussed the common law doctrine of unclean hands and how it may apply in the context of patent infringement.

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Patent Trademark Blog

MARCH 22, 2022

When should Amazon sellers consider filing design patents? Ideally, you should consider filing a design patent application before launching your product. Filing before any public disclosure can help you win the race to the Patent Office and keep your foreign filing options open.

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Patently-O

JANUARY 4, 2024

Winston Strawn Plagiarism Complaint Winston Strawn Plagiarism Attachments I recall being asked to draft my first patent infringement complaint back in early 2003 – a few months after graduating from law school. Similar issues also came up in the patent information disclosure statement cases a decade ago.

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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.

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