JD Supra Law

AUGUST 7, 2024

The Patent Trial and Appeal Board has granted a petitioner’s motion to submit supplemental information, over patent owner’s objections, concerning the public availability of references that were relied upon to support grounds of unpatentability in the petition.

Patent 108

Patent 108

The IPKat

NOVEMBER 26, 2024

With this context in mind, it is no wonder that the EUIPO Second Board of Appeal, in Case R 50/2024-2 , concerning the earlier refusal to register the portrait of a Dutch entertainer as an EU trade mark (EUTM), decided to stay the proceedings and refer the matter to the Grand Board.

Registration 117

Registration Advertising Advertising Television 117

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 88

Copyright 88

Hugh Stephens Blog

FEBRUARY 22, 2024

Screen Australia Drama Report At a time when streaming services (also referred to as subscription video on demand, or SVOD) are growing internationally at a frenzied pace, various countries are pondering how to deal with this phenomenon, particularly when it comes to local production.

Reporting 257

Reporting 257

JD Supra Law

JANUARY 2, 2025

On October 24, 2014, Amgen initiated the first litigation under the Biologics Price Competition and Innovation Act (BPCIA), asserting infringement of two patents. Over the last two calendar years, Amgen, Biogen, Genentech, and Regeneron have all filed BPCIA complaints (sometimes several) asserting 20 or more patents. By: Goodwin

Litigation 62

Litigation Patent 62

Intellectual Property Law Blog

NOVEMBER 7, 2023

Reasoning Regarding the NDCA’s erroneous granting of JMOL of non-obviousness: Factual underpinnings of non-obviousness, e.g. , the Graham factors for obviousness and a POSITA’s motivation to combine prior art references, are issues of fact ordinarily for the jury.

Art 260

Art Licensing Marketing Marketing 260

Plagiarism Today

AUGUST 9, 2022

The new tool is entitled GhostDetect , and it works by analyzing a reference text that is known to be written by the author and a query text that is in question. Since the latter is the oldest, by a day, I opted to use that as the reference. What I found was interesting.

Plagiarism 257

Plagiarism Contracts Publishing Reporting 257

Patently-O

MAY 24, 2024

Although the primary reference need not be “basically the same” as the claimed invention, the court still maintained that the obviousness analysis begins with a primary reference. ” And, like the primary reference, any secondary references must also be analogous art.

Design Patent 130

Design Patent Design Designs Art 130

Intellectual Property Law Blog

NOVEMBER 8, 2023

Apple filed two IPR petitions, each challenging various claims of the ’479 patent as obvious in view of multiple prior art references. Background Corephotonics owns the ’479 patent, which is directed to creating “portrait photos.”

Invention 264

Invention Art Patent 264

Intellectual Property Law Blog

DECEMBER 14, 2023

the case addresses the weight the Patent Trial and Appeal Board (PTAB) should give to the intended purpose of a primary reference when evaluating a Person of Ordinary Skill in the Art’s (POSITA) motivation to combine that primary reference with secondary references. Teleflex Innovations S.A.R.L. , Qualcomm Inc. ,

Designs 147

Designs Design Invention Patent 147

Intellectual Property Law Blog

JANUARY 22, 2024

The Board found that the Chen reference rendered obvious claims 1-3 and 9. The Board also found that Sierra’s motivation to combine Chen with certain GSM references was insufficient. Whether substantial evidence supports the Board’s finding of a lack of motivation to combine Chen with the GSM references?

Art 147

Art Patent Law 147

Intellectual Property Law Blog

JANUARY 2, 2024

The invention uses a radiation source, e.g., a linear accelerator (referred to as a ‘linac’), mounted on a pair of concentric rings to deliver a beam of ionizing radiation to the targeted area on the patient.” The instant dispute between Elekta and ZAP Surgical Systems, Inc.

Art 147

Art Patent Invention Law 147

Patently-O

MAY 21, 2024

In utility patents, the test for analogous arts has two prongs, with the reference qualifying as prior art if either prong is met: Whether the prior art is from the same field of endeavor as the claimed invention, regardless of the problem addressed by the reference. May 21, 2024) (en banc). ” In re Jennings , 182 F.2d

Design Patent 119

Design Patent Designs Design Patent 119

JD Supra Law

AUGUST 12, 2024

Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as litigations between two biosimilar applicants/manufacturers are included.

Litigation 105

Litigation 105

IP Watchdog

JUNE 25, 2024

Just one year into the AIA, Chief Judge Randall Rader famously referred to the PTAB as a “death squad” at the 2013 American Intellectual Property Law Association (AIPLA) annual meeting because the invalidation rate was so high.

Intellectual Property Law 118

Intellectual Property Law Intellectual Property Invention Patent 118

Plagiarism Today

APRIL 27, 2022

It refers to the Wayback Machine as a “permanent public archive” though it is far from that. The letter also makes reference to a “DMCA legal case”, which is simply not a thing. However there are still other oddities. The fake lawyer identifies herself as a trademark attorney, but is handling a copyright issue.

Copyright Infringement 268

Copyright Infringement Public Domain Copyright Copyright Notice 268

Intellectual Property Law Blog

FEBRUARY 26, 2024

Background In response to an infringement case filed by Provisur, Weber filed two inter partes review (“IPR”) petitions to invalidate two patents owned by Provisur, based on Weber’s operating manuals and additional references, which the Board instituted. Weber , slip op., The two patents (U.S. Patent Nos. Weber , slip op.,

Confidentiality 130

Confidentiality Art Ownership Patent 130

The IPKat

JUNE 2, 2024

After it was referred back in 2021, a few days ago the Grand Board of the European Union Intellectual Property Office finally issued its long-awaited decision concerning an application to register the figurative sign ‘COVIDIOT’ (below) as an EU trade mark for the following goods: Class 6: Metal clips. Class 28: Board games; Toys.

Registration 117

Registration Intellectual Property Law Copyright 117

Erik K Pelton

JULY 6, 2021

I actually heard a friend of mine yesterday refer to it as half-cinated. The following is a transcript of my video Vaccinate Your Brand with Trademark Registration. As I record this episode, I’m in between my first and second dose of getting the Pfizer vaccine. It’s a hybrid of half-vaccinated.

Registration 242

Registration Trademark Branding Branding 242

JD Supra Law

AUGUST 26, 2024

On August 20, 2024, the Federal Trade Commission (FTC) submitted a comment supporting the FDA’s June 2024 draft guidance “Considerations for Demonstrating Interchangeability with a Reference Product: Update” that revises the need for switching studies to demonstrate a biosimilar is interchangeable. By: Venable LLP

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123

JD Supra Law

AUGUST 7, 2024

A private sale may start an inventor’s one-year filing clock, but it likely won’t save a patentee from an intervening prior art reference. Specifically, the CAFC affirmed that a secret sale of a product would not be sufficient to pre-date a prior art reference under 35 U.S.C §102(b)(2)(B). 102(b)(2)(B). 102(b)(2)(B).

Art 109

Art 109

JD Supra Law

AUGUST 28, 2024

On August 9, 2024, China’s State Administration for Market Regulation (SAMR) released a draft of the Anti-Monopoly Guidelines for the Pharmaceutical Sector (hereinafter referred to as the “AMGP”) for public comment.

Marketing 107

Marketing Marketing 107

JD Supra Law

NOVEMBER 19, 2024

This chart tracks the date, drug, reference-listed company, applicant, and indications of publicly available drug launches resulting from Abbreviated New Drug Applications and 505(b)(2) Applications. By: Robins Kaplan LLP

116

116

JD Supra Law

AUGUST 16, 2024

In general, a trademark refers to a brand name used in connection with goods, while a service mark is one that is used in connection with the provision of services. Trademark lawyers are often asked: “What’s the difference between a trademark and a service mark?” By: Seyfarth Shaw LLP

Trademark 117

Trademark Service Mark Branding Branding 117

Intellectual Property Law Blog

DECEMBER 21, 2023

Regardless, the Federal Circuit found that Neenah and the Board adequately explained that the basis for having Kronzer be the primary reference is that adding a white pigment to the layers of Kronzer’s transfer sheet would improve the transfer sheets for application to dark fabrics.

Art 147

Art Patent Patent Infringement Design 147

Erik K Pelton

JULY 23, 2024

There are five elements in this sliding scale and their respective strength (strongest to weakest): Coined trademarks (completely new and made up terms) Arbitrary trademarks (real words that are unrelated to the goods or services at issue) Suggestive trademarks (words that relate to the goods or services, but that are not descriptive of them) Descriptive (..)

Trademark 130

Trademark Branding Branding Brands 130

JD Supra Law

MAY 15, 2024

It is referred to as the Non-Compete Clause Rule. Everyone is talking about the new rule approved by the Federal Trade Commission on April 23 (published on May 7 and set to take effect – pending legal challenges – on September 4, 2024 ).

Business 119

Business Publishing Law 119

JD Supra Law

AUGUST 19, 2024

The Federal Circuit held that a first-filed, first-issued, later-expiring patent claim cannot be invalidated for obviousness-type double patenting by a later-filed, later-issued, earlier-expiring reference patent claim having a. By: White & Case LLP

Patent 115

Patent 115

Intellectual Property Law Blog

DECEMBER 15, 2023

The “real question” is “why a person of ordinary skill in the art would have combined elements from specific references in the way the claimed invention does.” In fact, they make no reference to sacral neuromodulation.

Art 147

Art Invention Patent Infringement Patent 147

Plagiarism Today

MARCH 28, 2022

She licensed the photo to Vanity Fair magazine for use as an artist reference. First off today, John Fritze at USA Today reports that the Supreme Court has agreed to hear a case that pits photographer Lynn Goldsmith against the estate of artist Andy Warhol. The case deals with a photograph taken by Goldsmith in 1981 of the musician Prince.

Settlement 209

Settlement Privacy Licensing Journalism 209

JD Supra Law

AUGUST 15, 2024

A later-filed, later-issued, earlier-expiring child patent cannot be used as an obviousness-type double patenting (ODP) reference against its first-filed, first-issued, later-expiring parent patent having a common priority date. That was the holding from the Federal Circuit in its recent decision in Allergan USA, Inc. MSN Lab'ys Priv.

Patent 104

Patent 104

Intellectual Property Law Blog

DECEMBER 21, 2023

2006), Incept argued that when a prior art reference describes a genus and the challenged claim recites a species of that genus, anticipation turns on whether the genus was of such a defined and limited class that one of ordinary skill in the art could have “at once envisaged” each member of the genus. Relying on Eli Lilly & Co.

Patent Law 147

Patent Law Patent Law Art 147

Intellectual Property Law Blog

DECEMBER 21, 2023

At trial, Columbia submitted draft jury instructions stating that “[t]he term ‘prior art’ refers to prior designs of the same article of manufacture or of articles so similar that a person of ordinary skill would look to such articles for their design.”

Art 162

Art Design Patent Design Designs 162

Erik K Pelton

OCTOBER 8, 2024

Many people misuse them to refer to an entire category of goods: All tissues are not Kleenex® brand! Their packaging says “Kleenex brand tissues” to make it clear that Kleenex is not the name for all tissues and to help people avoid using the “Kleenex” name generically.

Trademark 130

Trademark Branding Branding Brands 130

The IPKat

JULY 15, 2024

According to the Board of Appeal in T 0116/18 (the referring Board in G 2/21 ), a technical effect must merely be "conceptually comprised" in the broadest technical teaching of the application as filed ("encompassed") ( IPKat ). The application as filed referred to three polymorphic forms in equal terms. 2 of G 2/21 meaningless ".

Invention 116

Invention Patent Publishing Patent Application 116

Intellectual Property Law Blog

FEBRUARY 14, 2024

6,061,551 (the “’551 Patent”), a patent that the ’444 Patent incorporated by reference. The Board issued its final written decision determining claim 3 to be unpatentable as obvious over Tayloe in combination with TI Datasheet (another prior art reference). and finally, the “refer to” language in [5.] 551 Patent, col.

Inventor 130

Inventor Art Patent Law 130

SpicyIP

OCTOBER 19, 2024

The patent application was for this method, and neither the judgement nor the IP Patent Search Documents (refer the Form 2 for the patent application here) mention a specific use of these antibodies. In this case, the DHC examined whether “treatment” solely refers to a “method of treatment” under Section 3(i).

Patent 105

Patent Patent Application Invention Design 105