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.

Journalism 56

Journalism Trademark Patent Patent Law 56

LexBlog IP

SEPTEMBER 21, 2023

The USPTO implemented the Patent Prosecution Highway (PPH) back in May of 2010. For example, for FY22 (Oct 2021 – Sept 2022), in participating patent offices with at least 100 petitions filed, [1] the average pendency in days from petition to a First Action was 144 (roughly 4.8

Patent Prosecution 52

Patent Prosecution Patent Technology Intellectual Property 52

Patently-O

APRIL 25, 2024

government by using fraudulently obtained patent rights prop up its drug prices. 280 (2010). In a case now pending before the Supreme Court, Silbersher argues that Valeant fraudulently obtained patents for its drug Apriso, allowing it to delay generic competition and charge inflated prices to the government. 3729 (a)(1)(A).

Patent 59

Patent Government Art Reporting 59

Olartemoure Blog

AUGUST 4, 2023

Design patents allow breweries to safeguard these elements of aesthetic distinction, securing exclusive rights to their innovative designs. Some examples of beer glasses design patents in the US: BEER GLASS US D954,504 S Inventors: Nicolas Brouillac Assignee: PEUGEOT SAVEURS Date of Patent: Jun. Date of Patent: May.

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Design Patent Designs Design Inventor 52

SpicyIP

JANUARY 3, 2024

The Patent Agent Examinations are due on January 07, 2024. Choudhary about a wonderful new initiative he’s put together online, Prepare for the Patent Agent Examination (PAEP), a free for all website for the aid and assistance of the participants appearing in the Patent Agent Exam. So best wishes to the Exam Takers!

Patent 64

Patent Blogging Patent Law IP 64

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.

Journalism 105

Journalism Art Patent Law Invention 105

Likelihood of Confusion

MAY 19, 2022

Sander Gelsing, Canadian Patent and Trademark Trade Mark Lawyer, picks up on a doozy. Originally posted 2010-05-26 12:48:34. The post Talk about your business method patents! Republished by Blog Post Promoter. appeared first on LIKELIHOOD OF CONFUSION™.

Business 52

Business Patent Blogging Trademark 52

IP Watchdog

MARCH 28, 2024

Court of Appeals for the Federal Circuit (CAFC) on Wednesday, March 27, affirmed a district court’s decision invalidating the claims of two of Trading Technologies’ (TT’s) patents as being patent ineligible under Section 101 and also clarified the application of a 2018 Supreme Court ruling on foreign damages. Patent Nos.

Technology 57

Technology Patent Patent Infringement Litigation 57

Patently-O

FEBRUARY 4, 2024

by Dennis Crouch On Monday, February 5, 2024, the Federal Circuit will sit together for the first time in years to hear an en banc patent case. GM Global Technology Operations LLC , the court will consider whether to apply a more stringent obviousness test to design patents. Teleflex also applies to design patents.

Design Patent 53

Design Patent Designs Design Patent 53

Patently-O

AUGUST 17, 2021

Ironburg won a $4 million judgment regarding two patents (now on appeal) and the district court stayed the litigation regarding U.S. Patent Nos. Those two patents are the subject of this appeal. Valve submitted a printout of Burns and argues that it was a printed copy of an online review of a Scuf controller from 2010.

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Art Litigation Publishing Inventor 124

Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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Design Patent Designs Design Patent 134

SpicyIP

JANUARY 20, 2023

COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues Last month, the patent battle between COVID-19 mRNA vaccine manufacturers continued with BioNTech/Pfizer filing a strong defense and counter-claim to Moderna’s allegations of patent infringement. Patent no. ’127

Patent Infringement 119

Patent Infringement Patent Patent Application Intellectual Property 119

SpicyIP

JANUARY 11, 2022

We recently came across two decisions by the Indian Patent Office (IPO) in which patent claim applications concerning two nicotine delivery devices were rejected on the ground of the same being affected by section 3(b) of the Indian Patents Act, 1970. Section 3(i) bars the patenting of treatment processes.

Invention 119

Invention Patent Art Patent Application 119

Olartemoure Blog

JUNE 16, 2023

0090881 of 2023, initiating ex officio the administrative procedure for the Declaration of Public Interest with the purpose of compulsory licensing four patents related to medications containing the active ingredient Dolutegravir. On June second, the Ministry of Health issued the Resolution No.

Patent 52

Patent Intellectual Property Licensing Government 52

LexBlog IP

APRIL 20, 2023

Last month the Federal Circuit affirmed a PTAB inter partes review (IPR) decision finding that the University of Minnesota’s patent claim directed to the anti-cancer drug sofosbuvir was not adequately supported by the written description in the applications to which it claimed priority. 2010) (en banc). Gilead Sciences , Inc.

Patent 52

Patent Inventor Invention Art 52

JD Supra Law

APRIL 2, 2024

27, 2024) In our case of the week, the Federal Circuit addressed three issues in a dispute that dates back to 2010, and has been to the Court on three other occasions. TT”), which sued IBG in relation to four related patents directed to graphical user interfaces used by commodity traders. By: Schwabe, Williamson & Wyatt PC

Technology 46

Technology Patent 46

JD Supra Law

MARCH 7, 2022

Since 2010—with the exception of outlier year 2016 (with 310 new filings!)—the the number of cases filed annually in US district courts asserting US design patents has remained fairly steady: between 236 (in 2019) and 293 (in 2017). 2021 was no different with 254 new design patent cases filed.

Design Patent 52

Design Patent Designs Design Patent 52

JD Supra Law

MARCH 29, 2024

The law of patent eligibility was pretty quiet for decades until the Supreme Court breathed new life into Section 101 invalidity challenges in a series of decisions starting in 2010 with Bilski v. Courts have used more delicate language: "the law of patent eligibility has perhaps become unpredictable and unclear on the fringes."

Law 58

Law Patent 58

Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. Although not directly relevant for this case, The patent at issue, U.S.

Licensing 56

Licensing Patent Ownership Patent Infringement 56

Patently-O

MAY 6, 2024

by Dennis Crouch This may be a useful case for patent prosecutors to cite to the USPTO because it creates a strong dividing line for the printed matter doctrine — applying the doctrine only to cases where the claims recite the communicative content of information. Kevin Emerson Collins, Patent Law’s Authorship Screen , 84 U.

Patent 64

Patent Invention Designs Design 64

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. This exposes some concerns about our patent laws.

Patent Infringement 116

Patent Infringement Law Patent Ownership 116

IP Law 360

FEBRUARY 17, 2022

Nomadix and Guest-Tek reached a settlement Wednesday ending post-trial disputes following a California federal jury's verdict that netted Nomadix $4 million on its claims that its rival shorted it on a 2010 royalties agreement to use patents that help connect hotel guests to internet services.

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Settlement Patent 40

LexBlog IP

DECEMBER 21, 2023

7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law. 122(b)(2)(B)(i), the patent application was kept under wraps, avoiding publication until patent issuance. Under 35 U.S.C.

Patent Drafting 52

Patent Drafting Patent Invention Inventor 52

SpicyIP

JULY 23, 2021

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Even outside of patents, the players in the pesticide industry have consistently been pushing for TRIPS+ protections such as extended data exclusivity (see here , here , and here ).

Patent 126

Patent Licensing Invention Government 126

IP and Legal Filings

APRIL 20, 2022

Patent linkage is perhaps one of the most debatable aspects of patent regulation around the world. Various countries have often tried to explain different ambits of patent linkage following the situation prevailing. This way the authorities take the responsibility of a patent office to which they don’t have any expertise.

Patent 78

Patent Marketing Marketing IP 78

IP Law 360

APRIL 18, 2023

Drug companies Merck and Glenmark Pharmaceuticals have settled a group of direct purchasers' claims that they gouged drug buyers via an anti-competitive 2010 pay-for-delay patent settlement, leaving one fewer group of plaintiffs just as jury selection in a highly anticipated trial is set to kick off, according to court records.

Settlement 52

Settlement Patent 52

Patently-O

DECEMBER 14, 2023

At the summary judgment stage, the parties filed competing summary judgment motions focusing on whether one patent being asserted (US7601740) should be held invalid based upon obviousness-type double patenting (OTDP). Because of the standard 20-year patent term calculation, both would ordinarily expire on the same day.

Patent 64

Patent Patent Application Invention Designs 64

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

Patent 102

Patent Intellectual Property Invention Inventor 102

Patently-O

JULY 6, 2022

USPTO (Supreme Court 2022) focuses the question of whether COURTS have power to create non-statutory patentability doctrines. Does the judiciary have the authority to require a patent applicant to meet a condition for patentability not required by the Patent Act? SawStop Petition for Certiorari. Gass’s U.S.

Patent 75

Patent Art Invention Inventor 75

SpicyIP

DECEMBER 15, 2023

Three months after scrapping the preliminary exams for the recruitment of patent and designs examiners, the Department of Promotion of Industry and Internal Trade (DPIIT) has re-notified the preliminary exams to be conducted on December 21. The whole commotion about the appointment of patent examiners isn’t new.

Patent 59

Patent Higher Education Designs Design 59

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. Operations LLC. [1]

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

NOVEMBER 16, 2023

When the Supreme Court decided Bilski back in 2010, I was quite concerned about predictability and co-authored a BTLJ article with Prof. ” For folks fighting through eligibility cases these days, the biggest concern is no longer unpredictability, but that the law has pushed too far against patentability.

Patent Prosecution 49

Patent Prosecution Patent Application Law Patent 49

Patently-O

SEPTEMBER 6, 2022

Zachary Silbersher is a NY Patent Attorney. The allegation was that Allergan fraudulently obtained patents covering Alzheimer’s drug treatments with the result of inflated Medicare drug prices. 3730(e)(4)(A) (2010). An ex parte patent prosecution is clearly “Federal”: the PTO is an agency of the U.S. ” Id.

Patent Law 61

Patent Law Law Patent Prosecution Patent 61

Patently-O

JANUARY 10, 2022

Back in 2010, I wrote an article with Prof Rob Merges titled Operating Efficiently Post-Bilski by Ordering Patent Doctrine Decision-Making. We suggested that patent examiners often lack capacity to judge metaphysical questions centered around abstractness and laws of nature.

Patent Application 66

Patent Application Patent Publishing Law 66

IP Tech Blog

NOVEMBER 10, 2021

District Court Judge since 2010 and held the position of Chief Judge for the District of Delaware from July 2014 to June 2021. Judge Stark presided over more than 2500 patent cases throughout his career. He oversaw a significant influx of more than 1000 patent cases to Delaware since the U.S. Judge Stark has served as a U.S.

Patent 57

Patent Blogging Branding Brands 57

The IPKat

JULY 22, 2022

WIPO highlighted that similar treaties are in place: the Patent Law Treaty of 2000 , the Trademark Law Treaty of 1994 and the Singapore Treaty on the Law of Trademarks of 2006. This is referred to as a proposed new ‘patent disclosure requirement’. plants, animals, and microorganisms), and knowledge systems.

Designs 117

Designs Design Intellectual Property Licensing 117

IAM Magazine

APRIL 6, 2022

IAM’s Diversity 100 is a listing of the entities with the greatest proportion of female inventors named on US patent grants maintained between 1 January 2010 and 1 January 2022.

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Inventor Patent 52