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Supreme Court on Patent Law: November 2023

Patently-O

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. 183 (2006). Thomas , 547 U.S.

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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ).

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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Twentieth Century Fox Film Corp. , ” Dawgs appealed.

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Most Cited Supreme Court Patent Cases Since 1952

Patently-O

Lots of the new learning in patent law over the past decade has focused on patent eligibility. 388 (2006) (injunctive relief in accordance with the principles of equity); Graham v. 321 (1971) (antitrust – patent pools – waiver of defenses); MedImmune, Inc. 100 (1969) (antitrust – patent pools); Holmes Group, Inc.

Patent 111
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Safe Skies Eligibility Petition

Patently-O

David Tropp sued Travel Sentry for patent infringement back in 2006. That was the same year that I first taught a patent law class. Back then, eligibility was almost an unknown concept in patent litigation. The rule of thumb was “anything under the sun, made by man,” and I mean ANYTHING.

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The Draft Patent (Amendment) Rules, 2023

Intepat

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52
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Personal Jurisdiction: Is it Still Federal Circuit Law?

Patently-O

The crux of the decision is as follows: [T]he district court read our precedent as applying a bright-line rule that patent infringement notice letters and related communications can never form the basis for personal jurisdiction. 2006); Hildebrand v. Personal Jurisdiction as Not Patent Law Specific. 3d 1355 (Fed.

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