Patently-O

MARCH 28, 2024

The court’s ruling emphasizes that the mere existence of prior art elements is not sufficient to render a claimed invention obvious; rather, there must be a clear reason or rationale for a person of ordinary skill in the art to combine those elements in the claimed manner. Assembly Guidance Systems, Inc. In KSR Int’l Co.

Art 57

Art Invention Patent Patent Law 57

LexBlog IP

FEBRUARY 15, 2022

10, 2022), serves as a warning to prospective filers that making pre-filing offers for sale, or engaging in discussions for future sales, can be detrimental to one’s ability to obtain both design and utility patents. Design Patent No. before the effective filing date of the claimed invention”); 35 U.S.C. §

Patent 52

Patent Invention Designs Design 52

Indiana Intellectual Property Law

AUGUST 4, 2021

Introduced in 2019, founder Peggy Johns claims to have invented egglife egg white wraps, using a now patented method ( U.S. The Defendant, Crepini, LLC (“Crepini”), was apparently founded in 2007 with “the dream of bringing crepes into every North American household.” 10,194,669 ).

Social Media 52

Social Media Branding Brands Branding 52

IIPRD

FEBRUARY 16, 2024

Formula One can be perceived as an epicentre of inventions and innovations, making intellectual property indispensable in the sport. IP can be found in the chassis of cars, uniforms, merchandise, various engineering and designing equipment, television broadcasting, and most importantly, carefully hidden trade secrets.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

Patently-O

OCTOBER 25, 2023

DivX has developed a number of inventions related to video streaming. Prior to 2007 the Federal Circuit had a rule forbidding the citation of its unpublished opinions. Judge Chen authored the majority opinion joined by Judge Linn, Judge Dyk wrote in dissent. expressly permits those citations.

Art 48

Art Designs Design Invention 48

Patently-O

MARCH 8, 2022

In particular, Broadcom was unable to show any licensed domestic use of the invention as claimed. ITC powers over infringing imports] apply only if an industry in the United States, relating to the articles protected by the patent, copyright, trademark, mask work, or design concerned, exists or is in the process of being established.

Licensing 76

Licensing Patent Invention Government 76

Patently-O

APRIL 16, 2024

M]erely describing the design of an experiment in a ClinicalTrial.Gov disclosure tells a POSA nothing about the obviousness of the study’s eventual result. The Court has recognized that a clinical study itself is a protected experimental use of the invention.

Art 75

Art Patent Journalism Publishing 75

Patently-O

SEPTEMBER 19, 2022

2007) where the court explained that: “If the condition for performing a contingent step is not satisfied, the performance recited by the step need not be carried out in order for the claimed method to be performed.” The Board relied particularly on the Federal Circuit’s non-precedential decision in Cyber settle, Inc.

Invention 60

Invention Patent Patent Application Government 60

LexBlog IP

FEBRUARY 2, 2024

GM Global Technology to rule on the issue of whether the current test for determining obviousness of design patents, i.e., the Rosen/Durling Standard, is proper in view of the Supreme Court’s 2007 decision in KSR v. Under the current Standard, the range of applicable prior art combinations in design cases is limited.

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

JUNE 30, 2023

by Dennis Crouch Design patents continue to rise in importance, but the underlying law full of eccentricities. 398 (2007), overrule or abrogate In re Rosen, 673 F.2d at 415, should cause us to eliminate or modify: (a) Durling’s requirement that “[b]efore one can begin to combine prior art designs. GM Global Tech , 21-2348 (Fed.

Design Patent 62

Design Patent Designs Design Patent 62

Patently-O

FEBRUARY 8, 2022

118, 124 (2007). Preliminary injunctions are typically issued early in a lawsuit and are designed to preserve rights as the case moves forward to final judgment. Although the court did not enter into any serious policy analysis or consideration of Supreme Court precedent promoting patent challenges such as Lear, Inc. Adkins , 395 U.S.

Contracts 60

Contracts Intellectual Property Patent IP 60

Patently-O

FEBRUARY 24, 2022

20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. 118 (2007) where the Supreme Court found standing for a licensee to challenge a patent — and rejecting the Federal Circuit’s reasonable-apprehension-of-suit requirement. Neapco Holdings LLC, et al. , Patreon, Inc.,

Patent Law 95

Patent Law Law Patent Litigation 95

43(B)log

FEBRUARY 3, 2023

Christine Farley, Authenticity and Design: Why sell a chair for 10x a visually identical chair? Sometimes the replication is exact; design claimants say they’re made with cheaper materials and practices, but midcentury modern design aimed for cheapness and access: the idea that more people can have it now would be a good not a bad.

Designs 59

Designs Design Design Patent Branding 59

Fish & Richardson Trademark & Copyright Thoughts

MAY 4, 2022

Fish Principals Craig Deutsch , Jennifer Huang , and Grace Kim , discuss challenging design patents at the PTAB in their Law360 Expert Analysis article. Challenging design patents at the Patent Trial and Appeal Board is difficult — nearly two-thirds of petitions directed to design patents have been denied institution.

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

MARCH 18, 2024

The district court agreed, finding their contributions were significant to the conception of the claimed invention. Specifically, the judge determined that the port boss slippage problem precluded the original prototype from being viable, and Mackay and Hewson’s design input, like the starburst grooves, helped solve that critical issue.

Patent 57

Patent Inventor Patent Infringement Designs 57

LexBlog IP

JULY 21, 2021

Further, that same commentator has noted that: In 2007, the U.S. Yet just like the recipe, the Sequence remains unprotectable as a process the design of which primarily reflects function, not expression. “ find out knowledge of witty inventions.”: Discoveries vs Inventions. World Intellect. 75, 79 (2020).

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Patently-O

OCTOBER 6, 2023

398 (2007). [I]f Despite this lower bar, IPR petitioners still have the burden of at least explaining why a skilled artisan would have been be motivated to combine various references to form the claimed invention. The invention particularly employs “link adaptation” and “incremental redundancy” to optimize channel coding.

Art 62

Art Invention Patent Patent Application 62

SpicyIP

SEPTEMBER 11, 2023

Preliminary Exams for the Recruitment of Patent and Designs Examiners Cancelled! Just a day after conducting the Preliminary exams for the recruitment of the Patent and Design Examiners, the Quality Control Council of India (QCI) on September 4, announced that the same has been cancelled due to “some irregularities/ technical glitches.”

Registration 105

Registration Trademark Copyright Music 105

Patentably Defined

JUNE 7, 2012

This person of ordinary skill is a hypothetical construct – an ordinarily skilled artisan who is presumed to possess ordinary creativity and to be aware of all prior art in his field of endeavor, as well as prior art that is relevant to the problem addressed by the claimed invention. 2007) (citing In re Clay , 966 F.2d 2d at 1036.

Art 40

Art Inventor Invention Patent 40