The IPKat

SEPTEMBER 26, 2024

The ruling stays the proceedings and refers 13 questions to the Court of Justice of the European Union (CJEU). Their claims and the corresponding questions referred to the CJEU are detailed below. 216/1 (case no. 216/2 (cases nos. 7922 and 7925), XI.228/4 228/4 (cases nos. 7922 and 7927), chapter 4/2 (cases nos. 7924 and 7927), XI.228/10

Publishing 125

Publishing Art Licensing Confidentiality 125

JD Supra Law

AUGUST 30, 2024

2023) and held that the later-filed, earlier-expiring continuation patents were not available as ODP references against the earlier-filed, later-expiring patent. Allergan USA, Inc. MSN Labs Private Ltd., 24-1061 (Fed. 13, 2024) (Lourie, Dyk, Reyna JJ.). By: McDermott Will & Emery

Patent 66

Patent 66

Velocity of Content

MARCH 21, 2023

In response to overwhelming client feedback, CCC is excited to announce that we are making it easier than ever to automatically manage references when working in Microsoft PowerPoint. For example, Medical Information and Medical Communication teams have stressed how important it is to manage references within PowerPoint.

Editing 98

Editing Marketing Marketing Blogging 98

Velocity of Content

MARCH 2, 2023

Roles with the enterprise that require seamless access to scientific literature such as medical information, drug safety, or regulatory also need a reference management system to easily and quickly cite the use of published content in their own work.

Blogging 98

Blogging Copyright Publishing Marketing 98

JD Supra Law

SEPTEMBER 19, 2024

The Court held that a claim that is first-filed and first-issued, but later-expiring, cannot be found invalid under the ODP doctrine based on a later-filed, later-issued, but earlier-expiring reference claim that shares the same priority date with that of. By: A&O Shearman

Patent 66

Patent 66

Velocity of Content

JANUARY 26, 2023

If you’ve ever authored content, you know that reference management software provides immense value and time savings by automatically formatting citations. Whether you come from a small, mid-sized, or large company, a reliable reference management system is extremely important. Is it easy to use? Is document delivery integrated?

Copying 98

Copying Licensing Copyright Editing 98

JD Supra Law

APRIL 19, 2023

A claim is said to be anticipated when a single prior art reference discloses, either expressly or inherently, each and every limitation of the claim.

Art 98

Art Invention 98

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

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 113

Invention Art Patent Law 113

The IPKat

OCTOBER 15, 2024

Today (15 October 2024), South Africa's President Cyril Ramaphosa referred the Copyright Amendment Bill (CAB) and Performers’ Protection Amendment Bill (PPAB) to the Constitutional Court for a ruling on their constitutionality.

Copyright 111

Copyright 111

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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JD Supra Law

AUGUST 22, 2024

Court of Appeals for the Federal Circuit held that a first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued, earlier-expiring reference claim having a common priority date. By: Wilson Sonsini Goodrich & Rosati

Patent 71

Patent 71

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

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

JD Supra Law

AUGUST 27, 2024

By: Morgan Lewis

Patent 63

Patent 63

IP Intelligence

APRIL 19, 2023

A claim is said to be anticipated when a single prior art reference discloses, either expressly or inherently, each and every limitation of the claim. According to the Federal Circuit, the prior art reference together with its incorporated references can anticipate the claims. The ’127 patent incorporates by reference U.S.

Art 52

Art Invention Patent Application Patent 52

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

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.

Design 56

Design Designs Design Patent Art 56

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]

Law 86

Law Government Journalism IP 86

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 59

Patent Litigation Patent Infringement Intellectual Property 59

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 59

Intellectual Property Registration Government Trademark 59

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”).

Art 63

Art Patent 63

JD Supra Law

JULY 23, 2024

The Patent Trial and Appeal Board has denied institution of an inter partes review, in part because the petitioner failed to show that a key reference qualified as prior art. The PTAB ruled that the petitioner was required to explain how a patent application publication was entitled to the priority date of a provisional application….

Patent Application 61

Patent Application Patent Art 61

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

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).

Litigation 49

Litigation Law Patent 49

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

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.

Television 145

Television Art Advertising Advertising 145

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

LexBlog IP

APRIL 19, 2023

A claim is said to be anticipated when a single prior art reference discloses, either expressly or inherently, each and every limitation of the claim. According to the Federal Circuit, the prior art reference together with its incorporated references can anticipate the claims. The ’127 patent incorporates by reference U.S.

Art 52

Art Invention Patent Application Patent 52

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

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

NOVEMBER 4, 2024

On March 23, 2024, Nearmap US, Inc. Nearmap”) filed a petition for inter partes review (“IPR”) of U.S. 10,671,648 (“the ’648 Patent”) (“IPR716”), assigned to Eagle View Technologies, Inc. Eagle View”).

Technology 61

Technology Patent 61

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