Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. 408, 417 (2005). See Artuz v.

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Patently-O

OCTOBER 11, 2021

In the Fifth Circuit, the USPTO filed a motion to dismiss the appeal–arguing that the case arose under the patent laws and therefore should go to the Federal Circuit. Arising under the Patent Laws : A key underlying issue in the case is the extent that the patent laws require the USPTO to issue certain regulations.

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Patently-O

FEBRUARY 29, 2024

Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” And, even though the subject matter of the lawsuit is a patent license, that sort of case is ordinarily not seen as “arising under” the U.S.

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SpicyIP

MARCH 21, 2024

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. This commercial information is invaluable to the Patent Controller in compulsory licencing proceedings.

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Patently-O

SEPTEMBER 13, 2021

In 2005 HTC released the world’s first Windows 3G smartphone (the clamshell HTC Universal) and followed in 2008 with the first smartphone running Google’s Android operating system (branded as the T-Mobile G1). However, this case did not sound in patent infringement, but in breach of contract. Background. Apportionment.

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The IPKat

OCTOBER 31, 2021

Some courts in the United States have persisted, even if inconsistently, in refusing to find for infringement when infringing activities that fall under patent claims have been geographically divided. At the end of the day, whether a particular conduct falls under a particular patent claim or not is a technical test.

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