JD Supra Law

JUNE 23, 2022

As Top Gun: Maverick passes Doctor Strange 2 to become the highest-grossing movie in the US this year, it’s attracted a copyright infringement claim by the heirs of the writer of the article that inspired the original 1986 Tom Cruise movie. By: AEON Law

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Patently-O

SEPTEMBER 11, 2021

This moving chart shows the most popular "article of manufacture" claims in US Design Patents since the 1970s. pic.twitter.com/Wcy5c1ITAq. — Dennis Crouch (@patentlyo) September 11, 2021.

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IP and Legal Filings

AUGUST 27, 2022

Section 171 of title 35 United States Code provides “whoever invents any new, original and ornamental design for an article of manufacture may obtain a patent thereof”. Because of the emerging technologies such as projections, virtual and augmented reality, the USPTO is exploring the arena of protection of digital design patents.

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JD Supra Law

MAY 21, 2024

As explained in our previous article, Canada will soon be implementing a patent term adjustment (PTA) system to account for unreasonable delays by the Patent Office in issuing a patent. The necessary amendments to the Patent Act were enacted in 2023. By: Smart & Biggar

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Patently-O

MAY 24, 2024

GM decision, the USPTO issued a memorandum to its examiners providing updated guidance and examination instructions in light of the court’s overturning of the long-standing Rosen-Durling test for determining obviousness of design patents. ” And, like the primary reference, any secondary references must also be analogous art.

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JD Supra Law

JULY 5, 2022

Article 76 of the Fourth Amendment1 to the Chinese Patent Law links regulatory approval of a generic drug and patent protection of the brand-name drug. It establishes a legal framework for resolving drug patent disputes before approval of the generic drug product similar to the Hatch-Waxman Act in the United States.

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Patently-O

NOVEMBER 29, 2023

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. 10,149,820 (the ‘820 patent). Allgenesis petitioned for IPR of all eleven claims of the ’820 patent.

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LexBlog IP

JUNE 14, 2022

This article supplements our previous post with updated 2021 data. design patents continue to grow in popularity. Although 2021 saw a slight downtick in the number of issued design patents compared to the previous two years—most likely caused by lower filings during the beginning of the COVID-19 pandemic—the number of U.S.

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Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. Just a few years later, the Supreme Court reversed course in Motion Picture Patents Co.

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Patently-O

OCTOBER 13, 2023

by Dennis Crouch The Federal Circuit’s new Finjan decision once again focuses attention on what I call patent law’s “ indefinite article shuffle.” Patent Nos. ” Finjan v. SonicWall — F.4th 4th — (Fed. 8,677,494; 6,154,844; 6,804,780; and 7,613,926.

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JD Supra Law

DECEMBER 22, 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. It found that the lower court erred by failing to instruct the jury that “comparison prior art” must be tied to the same article of manufacture as that claimed.

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IP Watchdog

JANUARY 10, 2022

Supreme Court to review the Federal Circuit’s decision to dismiss Apple’s appeal of unsuccessful inter partes review (IPR) challenges to the validity of several patents owned by Qualcomm.

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Fish & Richardson Trademark & Copyright Thoughts

APRIL 19, 2022

When a patentee enters into an agreement with a third party that does not expressly include a pat­ent license ( e.g. , a covenant not to sue between a non-practicing patentee and a third-party prac­ticing entity), does that agreement render the third party’s products a “patented article” that requires marking?

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LexBlog IP

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. Design Patent No. ” Thus, the prior-art design must be applied to the article of manufacture identified in the claim.

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Patent Trademark Blog

MAY 9, 2024

Does your product infringe a patent? Patent infringement can be tricky, but not incomprehensible. No single article can tell you everything you need to know about infringing patents, but I hope you will gain some wisdom from reading this post. Need help to avoid infringing patents?

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The IPKat

MAY 24, 2024

The crux of the Treaty is an international disclosure requirement related to genetic resources and traditional knowledge associated with genetic resources in patent applications. The requirement is not retroactive (Article 4). No reservations are permitted (Article 20). No reservations are permitted (Article 20).

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JD Supra Law

DECEMBER 11, 2023

The US Patent and Trademark Office (USPTO) has published a notice with supplemental guidance for its staff members examining design patent claims that include computer-generated images.

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JD Supra Law

DECEMBER 18, 2023

In response to public comments submitted in response to its request thereof regarding the “article of manufacture” requirement for design patent eligibility appearing in Title 35, United States Code, Section 171, and as explained in our previous post, the U.S.

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IP Watchdog

FEBRUARY 2, 2023

Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S. Patent and Trademark Office (USPTO). Metz and Jump Rope Systems originally sued Rogue Fitness in 2018.

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Trading Secrets

APRIL 4, 2022

Seyfarth partner Jesse Coleman and associate Kevin Green authored an IP Litigator article focused on a recent DTSA/TUTSA lawsuit which involved the public disclosure of alleged trade secret in an expired patent. Read the full article from the March / April 2022 edition of IP Litigator here.

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JD Supra Law

APRIL 30, 2024

Food and Drug Administration (FDA) approval and rapidly growing market size as discussed in previous articles in this series. This article discusses patent strategies for ADC inventions. Antibody-drug conjugate (ADC) is a promising class of cancer treatments with accelerating U.S. By: Foley & Lardner LLP

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The IPKat

DECEMBER 13, 2021

A new referral to the CJEU from the Finish Market Court seeks clarification on the interpretation of Article 3(c) of the SPC Regulation with respect to combination products. Are combination products ruled out from SPC protection under Article 3(d)? Article 3 of the SPC Regulation is provided below (*) for reference.

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IP Watchdog

MARCH 2, 2022

s suit against several standard-essential patent holders and their licensing agent, claiming violations of federal antitrust law and state law. Court of Appeals for the Fifth Circuit on Monday vacated and remanded a district court decision that had dismissed Continental Automotive Systems, Inc.’s

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JD Supra Law

SEPTEMBER 28, 2021

China has recently unveiled its own version of a patent linkage system that has been highly watched by stakeholders and industry observers. This new system will also create a new form of pharmaceutical patent litigation in China. By: Jones Day

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The IPKat

MARCH 1, 2023

This Kat was recently made aware that there will soon be another referral t o the Court of Justice of the European Union (‘CJEU’) on Article 3(c) of the Regulation concerning the supplementary protection certificate (‘SPC Regulation’). The Patent and Market Court of Appeal again dismissed the appeal. 7, first para). 7, last para – p.

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Patently-O

MAY 21, 2024

by Dennis Crouch In a highly anticipated en banc decision, the Federal Circuit has overruled the longstanding Rosen-Durling test for assessing obviousness of design patents. Rejecting the argument that KSR did not implicate design patent obviousness, the court reasoned that 35 U.S.C. § GM Global Tech. Operations LLC , No. at 15 (Fed.

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Patently-O

JUNE 5, 2023

by Dennis Crouch Washington Post has published a long article titled, “ Colleagues want a 95-year-old judge to retire. The article ends with a noteworthy quote from Newman that rings true to her characteristic resilience and dedication: “ I want to spend my last five years correcting my colleagues’ mistakes.”

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Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 12, 2022

Principals Matt Colvin and Betsy Flanagan authored an article for IAM outlining five strategies for startups and other early-stage companies to create patent portfolios that can stand up to litigation. Read the full article at IAM.

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JD Supra Law

APRIL 12, 2022

In In re SurgiSil, LLP, the Federal Circuit held that a claimed design is limited to the particular article of manufacture identified in the claim. In this case, the court held that a design of an earlier tool did not anticipate the claimed lip implant even though the overall shapes were very similar. By: Manatt, Phelps & Phillips, LLP

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Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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The IPKat

MAY 18, 2024

For instance, the South Centre advocated for clarity that the disclosure requirement would apply to digital sequence information, whilst the Innovation Council emphasised the need for legal certainty and that the instrument "should not create undue burdens for patent users and offices." The provision would not be retroactive (Article 5).

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LexBlog IP

JUNE 29, 2023

I am excited to announce the publication of the American Intellectual Property Law Association (AIPLA) ’s article on “ IP Aspects of Augmented Reality and Virtual Reality Technologies.” The article can be found here and was published as part of the AIPLA’s INNOVATE Magazine.

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JD Supra Law

DECEMBER 12, 2023

Last month, the United States Patent and Trademark Office published Supplemental Guidance for examination of design patent applications related to computer-generated electronic images.

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Patently-O

JUNE 22, 2022

Evo’s design patent claims an “ ornamental design for a foldable bag ” as shown in the figures above. district court held the patent invalid as both functional and obvious; and also not infringed. Functionality : Design patents focus on ornamentality rather than utility. by Dennis Crouch. 3d 1301 (Fed.

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IP Law 360

MAY 8, 2024

While a recent Law360 guest article seems to argue that the Federal Circuit’s Cellect decision last year robs patent owners of lawful patent term, the ruling actually identifies how terminal disclaimers are the solution to the problem of obviousness-type double patenting, say Jane Love and Robert Trenchard at Gibson Dunn.

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Technology & Marketing Law Blog

MARCH 9, 2023

The post My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry appeared first on Technology & Marketing Law Blog. To that end, I am giving a couple of public talks on the paper: Tarrant County Bar Association , Texas A&M Law School, Fort Worth, TX, March 27, 2023. Free RSVP! I would welcome yours.

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The IP Law Blog

FEBRUARY 29, 2024

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. LEXIS 33719, the Federal Circuit affirmed the Patent Trial and Appeal Board’s rejection of the claims in a patent application as directed to an abstract idea.

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