JD Supra Law

JULY 14, 2023

Granting a petition for rehearing en banc, the US Court of Appeals for the Federal Circuit decided to revisit the effect of the Supreme Court’s 2007 decision in KSR International v. Teleflex on design patents. The Federal Circuit withdrew its earlier panel decision addressing KSR’s application to design patents. 21-2348 (Fed.

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JD Supra Law

APRIL 23, 2024

Patent and Trademark Office (USPTO) has issued “Updated Guidance for Making a Proper Determination of Obviousness” under the U.S. 398 (2007). For the first time in nearly 15 years, the U.S. Supreme Court’s ruling in KSR Int’l Co. Teleflex Inc.,

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JD Supra Law

OCTOBER 31, 2022

A South Carolina recording artist named Warren Hamilton claims he has been using the rap alias “SIX9” while performing since 2007. Rapper 6ix9ine has lost the right to trademark his own stage name. He says that 6ix9ine (born Daniel Hernandez) has hurt his career since 2017 when Hernandez began using his similar stage name. By: AEON Law

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JD Supra Law

JULY 10, 2023

Last week, the Federal Circuit decided to consider, en banc, whether the Supreme Court’s 2007 KSR decision regarding obviousness overruled the Federal Circuit’s decades-old Rosen and Durling tests for design patents, setting in motion a potential lowering of the bar for obviousness.

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Patently-O

FEBRUARY 7, 2023

Mo 2023) Bayer and its subsidiary Monsanto have filed a new set of patent infringement lawsuits against farmers who saved seeds and replanted them in violation of Monsanto Roundup Ready patents and license agreements. Monsanto’s original patents on genetically modified plants have all expired. Pierce, et al.

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SpicyIP

OCTOBER 30, 2023

Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. Background The dispute started off as a heated battle between the parties over the plaintiff’s ‘Liquid Heating Vessels’ patent, which the plaintiff claimed was used by the defendant in its electric kettles.

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JD Supra Law

JANUARY 13, 2023

Big changes to design patent invalidity law may be coming. 398, 419 (2007). A pending IPR appeal challenges the Federal Circuit’s 40-year-old obviousness formula as inconsistent with the Supreme Court’s rejection of “a rigid rule that limits the obviousness inquiry” in KSR v. Teleflex, 550 U.S.

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Likelihood of Confusion

MARCH 15, 2022

Okay, in any event, here’s the obligatory link to Wired magazine’s “Patently Bad Ideas,” via Boing Boing. Originally posted 2007-04-24 12:12:17. The post There are no bad patents. Only bad PTO examiners? Republished by Blog Post Promoter. appeared first on LIKELIHOOD OF CONFUSION™.

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JD Supra Law

FEBRUARY 6, 2024

In analyzing patent obviousness, how “simple” must the relevant technology be in order for “common sense” to supply a limitation missing in the prior art? 398 (2007), the propriety of invoking “common sense” as a rationale for obviousness has been subject to continuous debate. Teleflex, 550 U.S.

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IP Watchdog

FEBRUARY 28, 2024

Patent and Trademark Office (USPTO) published a notice in the Federal Register providing updated guidance for agency decision-makers on making proper determinations of obviousness under the U.S. Supreme Court’s 2007 ruling in KSR International Co. On February 27, the U.S. Teleflex Inc.

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JD Supra Law

MARCH 7, 2024

On February 27, 2024, the US Patent & Trademark Office (PTO) published updated guidance for examiners on how to make a proper determination of obviousness. Teleflex (2007) and Graham v. The guidance expands upon and reinforces the legal framework for obviousness determinations discussed by the Supreme Court in KSR Int’l.

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The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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Patently-O

JULY 20, 2021

The vast majority of ex parte patent appeals (92%) are focused on obviousness, with 2/3 of those only addressing obviousness questions. 398 (2007). by Dennis Crouch. It is rare for any other issue to be the sole issue on appeal: 2.5% of appeals solely focus on Section 101; 1% of appeals solely focus on Section 102; 2.2% Teleflex Inc.,

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Patent 92

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. She has been working in the field of access to medicines, patents and IP for more than a decade.

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Patently-O

JANUARY 11, 2022

Prior to 1891, appeals in patent cases went directly to the Supreme Court, and the Court decided lots of patent cases. In 1891, Congress created the regional circuit courts of appeals as a buffer between the trial courts and the Supreme Court and the number of high-court patent cases began to fall. Teleflex (2007).

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Patently-O

JANUARY 10, 2023

New Patently-O Law Journal article by David Boundy , a partner at Potomac Law Group, PLLC. Mr. Boundy practices at the intersection of patent and administrative law, and consults with other firms on court and administrative agency proceedings, including PTAB trials and appeals. Prior Patently-O Patent L.J.

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IP Watchdog

OCTOBER 28, 2021

In 2007, Bank of America was one of the first financial institutions to offer a mobile banking application and since then, the rest of the industry has followed suit. Now, consumers could not go without their banking apps ­– imagine going to the bank to deposit a check.

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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 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated.

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IP Law 360

AUGUST 9, 2022

A wireless technology expert testifying for Apple told a California jury Tuesday that the company's 2007 iPhone Bluetooth headset and some patents filed years ago served as a precursor to its modern-day AirPods, thus rendering "everything" in Pinn Inc.'s s wireless earbud design patents "obvious."

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IP Watchdog

MARCH 14, 2023

PACT XPP Schweiz AG reversing a final written decision of the Patent Trial and Appeal Board (PTAB) that found Intel had failed to show that PACT’s patent claims were invalid for obviousness. Supreme Court’s landmark 2007 obviousness ruling in KSR v. Teleflex.

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Patently-O

DECEMBER 27, 2023

by Dennis Crouch In a non-precedential decision, the Federal Circuit has affirmed a set of PTAB decisions canceling the claims of four patents owned by Carucel Investments L.P. The affected Carucel patents include U.S. Patent Nos. Patent Nos. Carucel”) — finding them invalid as obvious under 35 U.S.C. § Vidal, Nos.

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Intepat

APRIL 20, 2022

To be granted a patent, an invention by the applicant must be novel, non-obvious, and must be such that can be manufactured or used in industry. Besides these basic, requirements an invention must also not fall under the criteria of non-patentable subject matter as discussed in Sections 3, 4, and 5 of the Patents Act, 1970 (“ Act ”).

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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 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated.

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IPilogue

JUNE 23, 2022

In May 2007, before the concept of name, image, and likeness became popularized by the USA’s NCAA ruling for college athletes, Nicklaus appears to have made a similar deal except it was for “exclusive rights to valuable intellectual property and services”. This agreement involved three parties: 1) Jack Nicklaus; 2) GBI Investors Inc.;

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SpicyIP

APRIL 30, 2024

Controller of Patents decision on the role of PSITA in determining non obviousness, we are pleased to bring to you this post by Kevin Preji. Background The appellant (Microsoft) filed a patent application on 27 February 2012 for an invention titled “Message Communication of Sensor and other Data.”

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Indiana Intellectual Property Law

AUGUST 13, 2021

Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136 , and D/341,471 (collectively, the “Patents in Suit”). due to settlement and a Patent Trial and Appeal Board decision regarding the ‘471 Patent. Walmart Inc. Kohl’s Inc. , 35 U.S.C. §

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Intellectual Property Law Blog

MARCH 9, 2022

The significance of this case is that the Federal Circuit confirmed that parties can contractually negotiate away their right to file IPRs or other validity challenges in the Patent Office. 422, 430 (2007); AVX Corp. Despite this language, Sarepta filed seven petitions for inter partes review (“IPR”). The Federal Circuit disagreed.

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LexBlog IP

AUGUST 24, 2023

1] LKQ, an auto parts repair vendor for GM, successfully petitioned for inter partes review of GM’s design patent for a front fender design, [2] arguing it was anticipated by a prior art reference (Lain) and obvious over Lian alone or in combination with a brochure for the 2010 Hyundai Tucson. 1727 (2007). Operations LLC. [1]

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IP Watchdog

SEPTEMBER 16, 2021

I began writing for Managing IP magazine in 2007 and remember well the lead-up to the law. patent laws. innovation.

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LexBlog IP

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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Design Patent Designs Design Patent 52

Patently-O

APRIL 15, 2023

In 2007, UCB invented and marketed “original Neupro,” a transdermal patch for the treatment of Parkinson’s disease containing a dispersion of amorphous rotigotine and polyvinylpyrrolidone (PVP), with the PVP functioning as a stabilizer. The patent at issue in this case, U.S. market with its reformulated Neupro in 2012.

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IP and Legal Filings

MARCH 27, 2024

ABSTRACT The legal dispute between Bajaj and TVS Motors centers around the alleged unauthorized use of the DTSi patent. Introduction The main emphasis of the case pertains to accusations of patent infringement made by the defendant, as well as the subsequent pursuit of damages. In year 2007 the plaintiffs (Bajaj Auto Ltd.)

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Intellectual Property Law Blog

MARCH 9, 2022

The significance of this case is that the Federal Circuit confirmed that parties can contractually negotiate away their right to file IPRs or other validity challenges in the Patent Office. 422, 430 (2007); AVX Corp. Despite this language, Sarepta filed seven petitions for inter partes review (“IPR”). The Federal Circuit disagreed.

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Patently-O

JANUARY 7, 2022

Teleflex (2007) requires a flexible analysis, but that “over the ensuing decade-and-a-half, the Federal Circuit has … reverted to its old rigid ways.” The accused infringers here were seeking to market a drug treatment for chronic lymphocytic leukemia covered by several Cephalon patents and sold as Bendeka.

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Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

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Intellectual Property Law Blog

DECEMBER 21, 2023

21, 2023) , the case addresses the Patent Trial and Appeal Board’s (“PTAB’s”) authority to issue a Final Written Decision in a post grant review (“PGR”) after the prescribed statutory deadline. 9,693,961 (“the ‘961 patent”). In March 2018, Collegium petitioned the PTAB for PGR of claims 1-17 of the ‘961 patent.

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Intepat

APRIL 20, 2022

Patentable requirements. To be granted a patent, an invention by the applicant must be novel, non-obvious, and such that it can be manufactured or used in industry. For instance, the European Patent Convention only demands the enablement requirement be fulfilled ( Article 83 ). . Still, once the patent is granted in the U.S.,

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