Intellectual Property Law Blog

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. In Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. 2021-2299, 2021-2338 (Fed.

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SpicyIP

SEPTEMBER 25, 2023

Firstly , Vifor (International) Ltd (“plaintiffs”) denied the patent’s ‘product by process’ nature on grounds that only two types of patents are recognized under section 2(1)(j) of the Patents Act, 1970 , i.e., a “product” or a “process” patent to the exclusion of any third variety.

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Patently-O

SEPTEMBER 2, 2022

Utility patent attorneys are familiar with the Schreiber decision that allows for non-analogous art to be used for anticipation rejections. 1997)(“whether a reference is analogous art is irrelevant to whether that reference anticipates”). In re Schreiber , 128 F.3d 3d 1473 (Fed. Seirus Innovative Accessories, Inc.

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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. 2013) (“[The accused infringer] has in fact scrupulously avoided such confusion by choosing a starkly different logo that it prominently displays on its [products] and on all its sales and marketing literature.”).

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Intellectual Property Law Blog

NOVEMBER 7, 2023

Chilisin”) for patent infringement, alleging that Chilisin willfully manufactured and sold infringing chokes. Chilisin also presented expert testimony that a POSITA would be motivated to combine the two prior art references to improve the permeability of the magnetic core in the first prior art reference.

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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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The IPKat

FEBRUARY 28, 2025

The CJEU found that national courts maintain jurisdiction over infringement claims against defendants domiciled in their territory, even when invalidity of foreign patents is raised. BSH alleged that Electrolux infringed its EP1434512 (relating to vacuum cleaners) which was validated in certain EU states and Turkey.

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IP Watchdog

NOVEMBER 1, 2022

Court of Appeals for the Federal Circuit (CAFC) today ruled in a precedential decision that the definition of a claim term in a patent incorporated by reference into the patents at issue does not dictate the definition of claims in the asserted patents.

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IP Watchdog

JANUARY 3, 2022

While Chief Justice Roberts did not mention the Western District of Texas by name, that is what he is concerned about, which is clear from his reference to Senators expressing concern— concern that has been expressed relative to patent case assignment in the Western District of Texas.

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The IPKat

JANUARY 12, 2025

Over to Ian : "In European Patent Office (EPO) opposition proceedings, a company accused of patent infringement has the right to intervene. In T 1286/23 , related to European patent 2941163, the Board of Appeal has questioned this approach and referred the matter to the Enlarged Board of Appeal for consideration.

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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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IP Watchdog

FEBRUARY 18, 2024

patent community, however, should take notice of the Federal Circuit’s sua sponte order informing future litigants that evading briefing limits by incorporating much larger documents by reference will likely result in sanctions. The entire U.S.

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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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IP Watchdog

FEBRUARY 16, 2024

Court of Appeals for the Federal Circuit rules that Meta will once again face a search engine patent lawsuit and also rebukes counsel for Comcast in a precedential Order regarding incorporation by reference; and a group of music publishers claim a chatbot was knowingly trained to produce copyright-protected lyrics.

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Intellectual Property Law Blog

DECEMBER 15, 2023

The Federal Circuit vacated and remanded two Patent Trial and Appeal Board (“PTAB”) decisions because the PTAB erred in its obviousness analysis and found that Axonics failed to show a motivation to combine as to Medtronic’s ‘314 and ‘756 patents. Background Medtronic sued Axonics for patent infringement.

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The IPKat

FEBRUARY 23, 2023

This post discusses a recent patent case in which the Supreme People’s Court of China (SPC) awarded punitive damages upon post-settlement-agreement repeated infringement. During the validity period of the patent, one of the two defendants,** ‘Baijia store’, sold Jin’s patented products without permission. Shelly: 'Oops!…You

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JD Supra Law

JUNE 15, 2022

In a recent order, the Eastern District of Texas declined to preclude a defendant from raising prior art system references despite patentee’s argument that similar printed publications could have been raised in earlier inter partes review (IPR) petitions.

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The IPKat

OCTOBER 8, 2024

Sumi Agro ( UPC_CFI_201/2024 ) that distributing an infringing product outside the Contracting Member States (CMS) and advertising a product under the same name within the CMS can create a risk of patent infringement. According to the Court, Sumi Agro should have offered a cease-and-desist declaration in such circumstances.

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IP Watchdog

NOVEMBER 1, 2022

Court of Appeals for the Federal Circuit (CAFC) today ruled in a precedential decision that the definition of a claim term in a patent incorporated by reference into the patents at issue does not dictate the definition of claims in the asserted patents.

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Intellectual Property Law Blog

JUNE 13, 2023

HCM”) sued Philip Morris for patent infringement accusing Philip’s “electronic nicotine delivery system” called the IQOS system. HCM’s patent claims an electronic smoking device, that includes a limitation that recites a “combustible material reservoir” that “initiat[es] a combustion reaction in the combustible material reservoir.”

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Intellectual Property Law Blog

DECEMBER 21, 2023

Background Schwendimann sued Neenah for patent infringement of U.S. Patent RE41,623 (“the ’623 patent”), U.S. Ultimately, the Federal Circuit found that there was substantial evidence to clearly support the Board’s obviousness conclusion, refuting any concern of hindsight bias.

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Patently-O

MAY 4, 2022

In 2018, Intuitive Surgical sued Auris Health for patent infringement. The IPR focused on the combination of two prior art references: Smith and Faraz (US5624398 and US5824007) that collectively teach all of the claim limitations. .” The improvement is a servo-pulley mechanism for swapping surgical tools (e.g.,

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JD Supra Law

SEPTEMBER 22, 2023

The Court vacated the Board’s finding that an asserted prior art reference fails to qualify as analogous art. Precedential and Key Federal Circuit Opinions - NETFLIX, INC. DIVX, LLC [OPINION] (2022-1138, 9/11/2023) (Hughes, Stoll, and Stark) - Stoll, J. By: WilmerHale

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Delaware Intellectual Property Litigation Blog

OCTOBER 10, 2021

In doing so, the Federal Circuit explained that, by its prior reference to the language “wanton, malicious, and bad faith” from the U.S. 1923, 1932, it did not intend to create a heightened requirement for willful infringement. Supreme Court’s decision in Halo Elecs., Pulse Elecs.,

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LexBlog IP

OCTOBER 21, 2021

Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than that for enhancing damages, a finding of willful infringement does not guarantee an award of enhanced damages.

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The IP Law Blog

FEBRUARY 2, 2023

That test, referred to as the TSM test, required teaching, suggestion, or motivation to combine prior art references to find the invention obvious. The LKQ case involves a challenge by LKQ to the validity of a design patent owned by GM. The patent covered a design for a vehicle front fender. Telflex, Inc.,

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IP Watchdog

APRIL 5, 2023

Patent and Trademark Office (USPTO) Director Kathi Vidal issued a decision on sua sponte Director review that vacated a decision of the Patent Trial and Appeal Board (PTAB), which had previously denied institution of inter partes review (IPR) proceedings brought by semiconductor company Wolfspeed. On March 30, U.S.

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Patently-O

DECEMBER 7, 2023

The Federal Circuit largely rejected this argument — holding that filing the ANDA in this situation cannot constitute infringement under Hatch-Waxman. The Patent Act does define a form of patent infringement that consists of filing an ANDA with the FDA seeking to manufacture a drug covered by someone else’s patent.

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JD Supra Law

DECEMBER 1, 2023

In Short - The Background: Patent marking refers to the practice of indicating on a product that its underlying technology is protected through a patent. As an alternative to traditional patent marking, e-marking displays information on a product's IP rights on a dedicated website accessible through a QR code or a hyperlink.

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IP Tech Blog

FEBRUARY 15, 2023

District Court for the Western District of Texas to vacate its order denying transfer of patent infringement claims to the Northern District of California. Although this order does not explicitly refer to the prior one, it appears to have returned matters to the pre-July 25, 2022 state of affairs.

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Patently-O

FEBRUARY 10, 2023

In 2018, United Cannabis sued Pure Hemp for patent infringement and Pure Hemp responded with a Walker-Process antitrust counterclaim for asserting a patent known to be invalid. The defendant also argued the patent should be held unenforceable due to inequitable conduct during prosecution. CBD or 95% CBD+THC.

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Intellectual Property Law Blog

DECEMBER 15, 2023

Additionally, the PTAB determined that Allgenesis failed to show that claims 4 and 5 were obvious over multiple references because the claims were directed to unexpected results. Allgenesis also asserted settlement conversations as evidence of a likelihood of litigation for patent infringement when Allgenesis brings its product to market.

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SpicyIP

MARCH 7, 2024

This high-profile case revolves around allegations of patent infringement concerning two patents (“Suit Patents”), both relating to ‘Pertuzumab,’ a monoclonal antibody (Mab) biologic used in inhibiting tumor growth.

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LexBlog IP

FEBRUARY 14, 2023

The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases. The majority of the court also confirmed that the calculation properly included profits gained after the patent expired, known as springboard profits.

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The IPKat

NOVEMBER 29, 2021

Copyright With reference to self-driving vehicles, Professor Daniel Gervais discussed his views concerning copyright protection for the output of AI machines on Kluwer Copyright Blog. Patents Kluwer Patent Blog reported on a recent Danish High Court (Eastern Division) on a long running patent infringement case.

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The IP Law Blog

MARCH 9, 2023

Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. In Bell Semiconductor, LLC v. Omnivision Technologies, Inc. , 8-22-cv-01979 (CDCA Mar. 1, 2023)( John A.

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Patently-O

JULY 11, 2022

ImmerVision sued LG (and others) for patent infringement and LG responded with two IPR petitions. And here, we have some precedent with the court announcing that a Person of Skill in the Art (POSITA) would disregard an obvious typographical in the prior art and instead fix the typo before trying to modify the reference.

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