Intellectual Property Law Blog

DECEMBER 15, 2023

Medtronics filed five IPR petitions using the ’355 patent as the primary prior art reference under pre-AIA 35 U.S.C. § (“VSI”), asserted that the claimed invention of the challenged patents was conceived in early 2005.

Art 147

Art Inventor Invention Patent 147

The IPKat

OCTOBER 25, 2023

The referred questions in C-575/23 are not yet available officially but may be accessed in the materials of the national Belgian case that has given rise to the request. The Belgian litigation, initiated in July 2021, concerns a dispute between the musicians of the Belgian National Orchestra (ONB) and the ONB itself.

Related Rights 128

Related Rights Art Journalism Government 128

JD Supra Law

JANUARY 24, 2024

Court of Appeals for the Federal Circuit reaffirmed the long-standing principle that in grammatical terms, use of “said” or “the” in a claim are anaphoric phrases, referring to the initial antecedent phrase, even when the initial phrase refers to one or more elements. By: Manatt, Phelps & Phillips, LLP

Technology 109

Technology 109

JD Supra Law

APRIL 12, 2023

Summary: Arbutus’ patent was anticipated by an earlier Arbutus patent that incorporated the same references to describe methods of producing stable nucleic acid lipid particles (SNALPs). Before Reyna, Schall, and Chen. Appeal from the Patent Trial and Appeal Board. By: Knobbe Martens

Patent 97

Patent 97

JD Supra Law

FEBRUARY 22, 2024

The US Court of Appeals for the Federal Circuit issued a sua sponte order regarding the impermissibility of incorporating by reference arguments from one brief into another, especially when doing so causes the brief to exceed the permitted word count. Promptu Sys. Comcast Cable Commc’ns, LLC, Case No. 22-1093 (Fed.

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Patently-O

APRIL 3, 2023

Valve argued that it had no knowledge of those references at the time of its IPR petition and therefore could not have included them as challenge grounds. If, on the other hand, it took “extraordinary measures” to find the references and construct the challenge ground, then no estoppel should apply.

Invention 110

Invention Art Patent Law 110

IP Law 360

APRIL 9, 2024

Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson. The Federal Circuit’s recent ruling in Promptu Systems v.

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IP Watchdog

NOVEMBER 29, 2023

Several attorneys associated with patent monetization firm IP Edge are being referred to their state disciplinary bars, the Texas Supreme Court's Unauthorized Practice of Law Committee, the U.S. district court without disclosing the interests of IP Edge, which stood to gain 90% of the gross recovery from the asserted patents.

IP 98

IP Litigation Patent Trademark 98

JD Supra Law

MAY 14, 2024

inter partes review, the PTAB found that at the final decision stage a petitioner must establish public accessibility of a reference…. In denying Petitioner Medivis, Inc.’s s (“Medivis”) Request for Rehearing of the Patent Trial and Appeal Board’s (“PTAB”) Final Written Decision (“FWD”) in Medivis, Inc. Novarad Corp. By: Jones Day

Patent 58

Patent 58

IP Watchdog

APRIL 3, 2024

The European Union Intellectual Property Office (EUIPO) announced today that it has for the first time referred questions of legal interpretation of the EU Trade Mark Regulation (EUTMR) to the enlarged Board of Appeal.

Intellectual Property 57

Intellectual Property Registration Government Trademark 57

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.

Patent 57

Patent Litigation Patent Infringement Intellectual Property 57

JD Supra Law

FEBRUARY 14, 2024

Patent RE46,116 (“the ’116 patent”) was entitled to an alleged priority date sufficient to moot Medtronic’s asserted pre-AIA §102(e) prior art reference, which depended on whether Medtronic had waived its challenged to Teleflex’s asserted priority date by attempting to incorporate those arguments by reference in its Inter Partes Review (“IPR”).

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Art Patent 63

JD Supra Law

DECEMBER 20, 2022

The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a separate patent that was incorporated by reference. By: BakerHostetler

Patent 98

Patent 98

JD Supra Law

SEPTEMBER 17, 2021

August 17, 2021), the Federal Circuit ruled on an issue that is not often appealed—whether the Petitioner had authenticated a submitted prior art reference. . Ironburg Inventions Ltd., 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed. By: Jones Day

Art 100

Art Invention 100

Patently-O

DECEMBER 6, 2022

In one of them, LKQ asked the court to rule that the current primary reference requirement for design patent obviousness, as stated in In re Rosen and Durling v. First, the court must identify a primary reference—“a something in existence, the design characteristics of which are basically the same as the claimed design.” Teleflex.

Designs 54

Designs Design Design Patent Art 54

Patently-O

FEBRUARY 16, 2024

There are four related IPRs on appeal, and in its briefing petitioner used somewhat different arguments in its briefs and then stated that it was “incorporation by reference” arguments made in other briefs. at 3, and had they been aware, they would not have included the incorporation by reference, id. 28(a)(viii).

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Litigation Law Patent 48

IP and Legal Filings

FEBRUARY 20, 2024

It also describes about the meaning of force in International Law, and other related concepts, with reference to the UN Charter. REFERENCES [i] R. Iran, 1981 ICJ REP Facebook Twitter LinkedIn WhatsApp The post Use of Force under International Law With Reference To Russia- Ukraine Conflict first appeared on IPLF. xii-xiii. [ii]

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Law Government Journalism IP 76

JD Supra Law

NOVEMBER 30, 2023

The US Court of Appeals for the Federal Circuit affirmed the Patent Trial & Appeal Board’s patentability determination, finding that the patent challenger waived an argument it attempted to incorporate by reference to another brief. Medtronic, Inc. Teleflex Life Scis. 2022-1721 (Fed. 16, 2023) (Lourie, Prost, Chen, JJ.).

Patent 68

Patent 68

JD Supra Law

APRIL 19, 2023

On March 27, 2023, Health Canada opened for consultation a proposed application of the definition of Canadian reference product under C.08.001.1(b) A generic drug manufacturer can file an abbreviated new drug submission (ANDS) based on a comparison to a ‘Canadian reference product’ (CRP) which is defined in s.

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JD Supra Law

OCTOBER 20, 2023

The US Court of Appeals for the Federal Circuit affirmed an obviousness decision by the Patent Trial & Appeal Board, explaining that nothing requires a petitioner to identify a prior art reference as a “primary reference” in an obviousness challenge. Schwendimann v. Neenah, Inc., 22-1333; -1334; -1427; -1432 (Fed.

Art 61

Art Patent 61

JD Supra Law

MAY 11, 2023

SANOFI-AVENTIS DEUTSCHLAND GMBH V. MYLAN PHARMACEUTICALS INC. Before Reyna, Mayer, and Cunningham. Appeal from Patent Trial and Appeal Board. By: Knobbe Martens

Art 100

Art Patent 100

The IPKat

AUGUST 1, 2021

In the first case, the Austrian Supreme Court has referred the following questions to the CJEU (freely translated and shortened from the German original): 1. In the second case, the referred questions (freely translated and shortened from the German original) are the following: 1. 2(a) and (e) and Art.

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Television Art Advertising Advertising 145

LexBlog IP

FEBRUARY 13, 2024

In the IPRs, Medtronic asserted that the “Itou” reference qualified as prior art under the pre-AIA § 102(e). Background Medtronic filed two IPR petitions challenging certain claims in Teleflex’s ’116 patent.

Invention 52

Invention Art Inventor Patent 52

JD Supra Law

NOVEMBER 8, 2023

This comprehensive 50-State Non-Compete Desktop Reference, meticulously crafted by our nationally recognized Trade Secrets, Computer Fraud, and Non-Competes practice group, serves as an indispensable resource for navigating the intricate landscape of non-compete and trade secrets law across the United States.

Business 78

Business Law Editing 78

JD Supra Law

JANUARY 30, 2024

The Patent Trial and Appeal Board denied institution of a petition for IPR after determining that the petitioner failed to show a reasonable likelihood that its primary asserted reference, which was available through the Internet Archive, qualified as a prior art printed publication that was publicly accessible before the critical date.

Art 63

Art Patent 63

TorrentFreak

FEBRUARY 27, 2023

On February 23, 2023, the BGH said it had stayed proceedings in the appeal and referred key questions to the Court of Justice of the European Union for a preliminary ruling. Federal Court of Justice Appeal Unhappy with the decision, Sony filed an appeal at the Federal Court of Justice (Bundesgerichtshof, BGH), Germany’s highest court.

Copyright 125

Copyright Copying Art Copyright Infringement 125

JD Supra Law

MARCH 17, 2023

Summary: Under the “known-techniques” rationale, a motivation to combine two prior art references exists when the references address the same problem and one of the references provides a known technique that would suitably address that problem. Appeal from the Patent Trial and Appeal Board. By: Knobbe Martens

Art 52

Art Patent 52

JD Supra Law

MARCH 11, 2022

Summary: A claim is obvious where “the proposed combination of [the references]—rather than one of the individual references—discloses the disputed claim limitations.” CIRRUS DESIGN CORPORATION - Before Lourie, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board.

Designs 52

Designs Design Patent 52

Trading Secrets

NOVEMBER 7, 2023

We are excited to present the latest edition of our renowned resource, the 50-State Non-Compete Desktop Reference, thoughtfully updated by our distinguished Trade Secrets, Computer Fraud, and Non-Competes practice group. Key Features: Comprehensive Updates: Covering key jurisdictions such as California, New York, and many more.

Editing 59

Editing Law 59

The IPKat

JANUARY 28, 2024

The Opponent in the referring case to the Enlarged Board of Appeal (EBA) in G 2/21 has filed a petition for review following the final decision of the Board of Appeal. If the EBA agrees with the petitioner that there was a violation of their fundamental right to be heard, the case may be reopened.

Invention 64

Invention Publishing Law Patent Application 64

IP Law 360

DECEMBER 8, 2023

The Federal Circuit's recent decision backing a Patent Trial and Appeal Board ruling against Medtronic illustrates the perils of arguments through incorporation by reference, which can result in waiver of arguments and an adverse decision on appeal, says Ryan Hagglund at Loeb & Loeb.

Patent 40

Patent 40

JD Supra Law

APRIL 10, 2024

Chewy, Inc. International Business Machines Corporation - Before Moore, Chief Judge, Stoll and Cunningham. Appeal from the United States District Court for the Southern District of New York. By: Knobbe Martens

Invention 73

Invention Business 73

IP Intelligence

DECEMBER 20, 2022

The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a separate patent that was incorporated by reference. Though they do incorporate by reference a patent that does define a Downloadable as “a small executable ….”. 1] Finjan LLC v.

Patent 52

Patent Invention 52

LexBlog IP

OCTOBER 31, 2023

The post Trademark Tales of Terror: Evil Dead – Not Just a Reference to Failed Trademarks appeared first on King Business and Patent Law.

Trademark 52

Trademark Patent Law Business Law 52

LexBlog IP

NOVEMBER 7, 2023

We are excited to present the latest edition of our renowned resource, the 50-State Non-Compete Desktop Reference, thoughtfully updated by our distinguished Trade Secrets, Computer Fraud, and Non-Competes practice group. Key Features: Comprehensive Updates: Covering key jurisdictions such as California, New York, and many more.

Editing 52

Editing Law Intellectual Property 52

LexBlog IP

DECEMBER 20, 2022

The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a separate patent that was incorporated by reference. ” Though they do incorporate by reference a patent that does define a Downloadable as “a small executable.” 1] Finjan LLC v.

Patent 52

Patent Invention Intellectual Property 52

LexBlog IP

DECEMBER 20, 2022

The Federal Circuit reversed a district court’s summary judgment that interpreted the claims based on a definition in a separate patent that was incorporated by reference. ” Though they do incorporate by reference a patent that does define a Downloadable as “a small executable.” 1] Finjan LLC v.

Patent 52

Patent Invention Intellectual Property 52