Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. Chien, Professor of Law and Co-Director, High Tech Law Institute, and Janelle Barbier and Obie Reynolds, both second-year JD students; all at Santa Clara University School of Law. Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. Design Patent Infringement vs. Trademark Infringement The standards for proving design patent infringement and trademark infringement differ significantly regarding the relevance of consumer confusion about product source.

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The IPKat

SEPTEMBER 28, 2021

The Outline’ (2021–2035) is highly noteworthy, comparable to the 2008 Outline of the National Intellectual Property Strategy. Issued also by the State Council of China, ‘The Outline’ (2008) led intellectual property to rise to the level of national strategy, commencing a series of measures in the years that followed.

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LexBlog IP

FEBRUARY 27, 2023

The District of Delaware is renowned as a patent litigation hot spot, but the district sees its fair share of other IP litigation. Two recent opinions shed some light on this practice and are useful for anyone seeking to file a trademark or copyright suit, or called to defend against one, in the district. Opinion at 1. Chief Judge Colm F.

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IP Intelligence

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents. [1]

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The IPKat

OCTOBER 7, 2021

This guest post, addressing Monsanto’s OA18791A patent, is brought to you by Lodewijk Van Dycke. Lodewijk is a PhD candidate and affiliated researcher at KU Leuven Centre for IT & IP Law (CiTiP) and a scholarship holder at Max Planck Institute for Innovation and Competition. OAPI granted the patent on 31 May 2019.

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LexBlog IP

OCTOBER 12, 2021

Design patents offer valuable protection in a patent portfolio, including conferring different strategic advantages compared to those of utility patents. For example, design patents allow for recovery of “total profits” — not just lost profits or reasonable royalties as provided for infringed utility patents.

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IP and Legal Filings

OCTOBER 28, 2022

While NFT platforms are not yet specifically regulated, they are subject to the provisions on Electronic System Providers (“ESPs”) contained in several regulations, as follows: • Law No. 11 of 2008, dated April 21, 2008, regarding Electronic Information and Transactions, as amended by Law No 19 of 2016, dated November 25, 2016.•

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Patently-O

OCTOBER 21, 2021

This is the final post in a series about our new research project on mandamus practice in the federal courts of appeals generally and the Federal Circuit’s peculiar use of mandamus in patent cases specifically. The two previous posts can be found here and here. Cleaned up.)

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IPilogue

JUNE 29, 2022

Sir Hugh Laddie was born in 1946 and studied law at St Catherine’s College, Cambridge. Since his passing in 2008, the Institute of Brand and Innovation Law (IBIL) at the University College London (UCL) Faculty of Laws has organized and delivered Annual Sir Hugh Laddie lectures , in honour of Justice Laddie, the founder of IBIL.

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Patently-O

SEPTEMBER 16, 2023

by Dennis Crouch The Federal Circuit recently vacated a jury verdict of non-infringement in the long-running design patent dispute between outdoor apparel companies Columbia Sportswear and Seirus Innovative Accessories. Design Patent No. Columbia sued Seirus for infringing the ‘D’093 patent in Oregon federal court.

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LexBlog IP

SEPTEMBER 30, 2021

While all three judges on the Court of Appeal agreed that an ‘inventor’ under the UK law must be a human being, the fact that DABUS is a machine was not immediately determinative of the outcome. Arnold LJ is the preeminent patent law specialist on the Court of Appeal. PDF 998kB] ).

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Patently-O

JANUARY 19, 2024

ITC , the Federal Circuit has affirmed determinations by the International Trade Commission (“ITC”) favoring the patent holder Universal Electronics, Inc. The most interesting part of the case for me is the assignment issue – whether the patents had been properly assigned at the appropriate time. Universal”).

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Patently-O

SEPTEMBER 8, 2022

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. Personal Jurisdiction as Not Patent Law Specific. … [T]he district court erred in this regard.

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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. They accused the defendants (T.V.S. Motor Company Ltd.)

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The IPKat

SEPTEMBER 3, 2021

The second ruling was issued by the Higher Regional Court of Frankfurt am Main, in 2008. Here, the German court first introduced what has become a basic concept of EU design law: the informed user is placed between the average consumer from trade mark law and the person skilled in the art from patent law.

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LexBlog IP

SEPTEMBER 9, 2021

PatentNext Summary: In some instances, software-based patent applications can fail to include a sufficient algorithm describing “how” the software interacts with the underlying hardware of the invention. This can lead to issues in both prosecution and litigation, creating unnecessary expense or invalidation of a related patent.

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Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area. LEXIS 170087 (E.D.

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LexBlog IP

AUGUST 31, 2021

Ericsson owns many patents considered essential to 2G, 3G and 4G standards (“standard essential patents” or SEPs). Ericsson made submissions to ETSI committing to grant licenses to patents that cover those standards on fair, reasonable and non-discriminatory terms (FRAND). Background. per 4G device.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Court, before the U.S.

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The IPKat

SEPTEMBER 12, 2021

The second of these decisions, Abbott v Dexcom [2021] EWHC 2246 , concerned Abbott's latest application to expedite a patent trial revoking four of Dexcom's patents. The global litigation Both parties have a number of patents covering the CGM devices. Mr Justice Mellor dismissed the application " with some regret ".

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Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. 2008) (en banc) and its key predecessor Smith v. 2008) (en banc). 2021-2299 (Fed.

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The IPKat

NOVEMBER 29, 2021

She was an initial member and Deputy Director of SIBLE, the Sheffield Institute of Biotechnology, Law and Ethics, a leading interdisciplinary research group working on the implications of the genetic revolution. She served as Dean to the School of Law (2004-2008) and for 4 months as Acting Head of School (2008-2009).

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The IPKat

SEPTEMBER 23, 2021

The US Courts of Appeal of the Federal Circuit (CAFC) found in Belcher Pharmaceuticals v Hospira, Inc that a formulation patent was unenforceable in view of inequitable conduct, in the form of contradictory submissions to the patent office and the regulatory agency (FDA) by the patentee. Amphastar (Fed. Beckton , Fed.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 11, 2021

In celebration of Pride Month 2021, Fish litigation associate and LGBTQ+ Affinity Group chair, Jeremy Saks, authored the article “ How Legal Profession Can Help LGBTQ Patent Attys Thrive ” for Law360. LGBTQ attorneys have also made significant contributions to patent law and policy. Patent and Trademark Office.

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Patently-O

AUGUST 14, 2022

The 1952 Patent Act edited the law to allow for reissue for “error[s]” where the patentee claimed either “more or less than he had a right to claim.” At the time, Congress also added a statutory caveat that broadening reissue must be applied for within two years of the patent grant. by Dennis Crouch.

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LexBlog IP

MARCH 27, 2023

The firm was founded in 1999 [ sic ] and has since grown to become one of the largest IP law firms in the Midwest region of the United States. Marshall Gerstein’s practice areas include patents, trademarks, copyrights, trade secrets, and related litigation, as well as IP licensing, counseling, and transactions. ” 35 U.S.

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The IPKat

AUGUST 6, 2023

Here's what Bill writes: Book review: ‘Developments and Directions in Intellectual Property Law: 20 Years of the IPKat’ by Bill Patry The IPKat blog inspired my own copyright blog which I started in 2005, 2 years after the first meow from London. My blog ended ignominiously in 2008, whilst the Feline lives forever.

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