Patently-O

APRIL 28, 2022

In particular, the original specification must show ‘possession’ of the newly claimed invention. 132(a) (“No amendment shall introduce new matter into the disclosure of the invention.”). Best mode can only be raised during prosecution and is not available as a validity defense in litigation.

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IP Watchdog

SEPTEMBER 19, 2021

Now that the 10th anniversary of the America Invents Act (AIA) has passed, we can look back not only at the past decade, but also the reactions of various interested parties and how they responded to that anniversary. patent laws enacted on September 11, 2011; one relating to the U.S. There were two revolutionary amendments to U.S.

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Invention Patent Art Patent Law 72

Patently-O

JANUARY 10, 2023

Cotter, Is Global FRAND Litigation Spinning Out of Control , 2021 PatentlyO Law Journal 1 (2021) ( Cotter.2021.GlobalFRANDLitigation Lemley, Erik Oliver, Kent Richardson, James Yoon, & Michael Costa, Patent Purchases and Litigation Outcomes , 2016 Patently-O Patent Law Journal 15 ( Lemley.2016.PatentMarket COVID-19Impact).

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Journalism Trademark Patent Patent Law 54

LexBlog IP

NOVEMBER 9, 2023

” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? In 2011, Hormel filed a patent application for the two-step process, omitting HIP’s involvement. To be a joint inventor, “a person must make a significant contribution to the invention as claimed.

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The IPKat

DECEMBER 7, 2021

The worst of these patent trolls pick up low-quality patents and take advantage of asymmetries in the economics of litigation to make quick cash. For example, the 2011 America Invents Act created faster, cheaper ways to show that a low-quality patent was invalid and empowered the PTO to implement new safeguards to improve patent quality.

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Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? They disclose useful technical information that can give readers a “stimulus” to perfect the invention and figure out how to make it work. Hrdy, Professor of Intellectual Property Law at University of Akron School of Law, and Daniel H. University of Minnesota Press 2016).

Patent Law 94

Patent Law Law Inventor Patent 94

JIPL Online

APRIL 22, 2021

i] This confusion has a direct impact on the willingness to invent, drug pricing, the recovery of research and development (R&D), and other basic purposes of the Act. [ii]. Hopefully, with these suggestions, litigation surrounding this inherently ambiguous statute will diminish. 314.50 (2011). Background. 3d 1, 23 (2019).

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Intellectual Property Law Intellectual Property Litigation Law 98

Patently-O

NOVEMBER 29, 2023

Vidal (No 23-135): This case challenges the “ Fintiv rule” that restricts the initiation of inter partes review in cases where parallel district court litigation is pending. 1, at 48 (2011). The PTO is changing its approach, but Intel argues that the Agency isn’t going far enough. Mangrove Partners Master Fund (No.

Patent Law 73

Patent Law Law Patent Art 73

Patently-O

OCTOBER 10, 2022

The district court particularly considered the claim term “inventory” and construed that term to be tied to individual articles of clothing–as would be necessary to satisfy the claimed inventive result to “detect and localize spurious additions to inventory.” 91, 114 (2011) (Breyer, J, concurring).

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Patent Law Law Patent Invention 97

The IPKat

NOVEMBER 22, 2021

This chapter also describes the methodology for the qualitative empirical research that involved 20 interviews conducted during 2011-13 with participants from the theatre community including actors, playwrights, directors, and producers. Chapter two, ‘The Play’s The Thing…’ But What’s The Play? And Who Owns It?

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Copyright Law Moral Rights Copyright Law 145

Patently-O

FEBRUARY 29, 2024

In that appeal, the court concluded that the strict requirements of judicial estoppel were not met — thus allowing AlexSam to later argue in litigation that the covenant did not prohibit its lawsuit. = = = An interesting aspect of this case is the question of why the Federal Circuit has jurisdiction over the case.

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Licensing Contracts Patent Law Patent 52

Patently-O

FEBRUARY 17, 2022

The scope of estoppel was a major lobbying point during the passage of the America Invents Act of 2011 (AIA). Patentees raised concerns of harassment from multiple IPRs or IPRs followed by district court litigation. Under the 2011 statute, a patentee can challenge one or more claims of a patent via IPR.

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Litigation Patent Invention 56

IP.com

JANUARY 29, 2024

The Patent Review and Approval Process The average approval rate of patent applications by the USPTO from 2011-2020 is 52.8%, meaning roughly half of all patent applications are approved, depending on the type of patent filed. While this program is an elegant evolution of the USPTO’s mission “to drive U.S.

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Inventor Patent Application Patent Technology 52

Patently-O

FEBRUARY 8, 2022

That prevision bars an IPR petitioner involved in patent litigation from asserting any invalidity grounds that the petitioner had “raised or reasonably could have raised during that inter partes review.” Eligibility : The inventive feature here is use of bit repetition to better ensure wireless signal transmission. ” Id.

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Litigation Art Invention Patent 54

Patently-O

MAY 20, 2022

Once litigation extends beyond pre-trial and into trial, claim construction should be seen as an issue of jury instructions. And : One of the more litigated claim terms is the word “and.” The Federal Circuit has refused to consider the argument — holding that Microsoft failed to preserve the issue. ” Id.

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Litigation Patent Technology Invention 78

Patently-O

SEPTEMBER 12, 2022

The level of estoppel was a sticking point a decade ago in the lead-up to the America Invents Act (AIA). by Dennis Crouch. Patentee’s were concerned with repeat harassment by accused infringers; Accused infringers were concerned that IPRs would be ineffective and that they would then lose their right to challenge the patent in court.

Patent 89

Patent Invention Litigation Technology 89

Trading Secrets

NOVEMBER 11, 2022

266, § 30 , which defines a trade secret as “anything tangible or intangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention or improvement.” Topcon Medical Sys.,

Invention 59

Invention Law Litigation Journalism 59

LexBlog IP

AUGUST 19, 2021

The underlying problem is that industrial titans are taking advantage of the politically influenceable IPR process to remove the patent protections of another’s inventions in order to eliminate technological competition. million for a medium-sized case. This certainly begs the question of who the actual “patent trolls” are.

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Patent Troll Inventor Patent Invention 52

LexBlog IP

NOVEMBER 11, 2022

266, § 30 , which defines a trade secret as “anything tangible or intangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention or improvement.” 4] 357 Mass.

Invention 52

Invention Law Litigation Intellectual Property 52

CopyrightsWorld

FEBRUARY 10, 2021

The battle between these two tech giants began with a simple question: “Who invented the graphical user interface (GUI)?” In 2014, Apple and Google released a joint statement saying that it had agreed to settle all patent litigation with Apple and would even “work together in some areas of patent reform.”. Apple vs. Microsoft.

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Intellectual Property Design Patent Designs Design 76

The IP Law Blog

NOVEMBER 3, 2022

In 2011 and 2016, Moderna filed several patents on its mRNA technology and vaccines, which issued in 2020 and 2021. Pfizer and BioNTech have stated that they did not use Moderna’s patented inventions, and that they will fully defend the case. Moderna also seeks enhanced damages for willful infringement and attorneys’ fees.

IP 52

IP Intellectual Property Technology Publishing 52

The IPKat

AUGUST 24, 2023

While the AmeriKat is still recovering from 2020, her Belgian Katfriends sum-up what was 2022 in Belgian patent litigation 'Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2023.

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Litigation Law Patent Invention 52

LexBlog IP

NOVEMBER 3, 2022

In 2011 and 2016, Moderna filed several patents on its mRNA technology and vaccines, which issued in 2020 and 2021. Pfizer and BioNTech have stated that they did not use Moderna’s patented inventions, and that they will fully defend the case. Moderna also seeks enhanced damages for willful infringement and attorneys’ fees.

IP 52

IP Intellectual Property Technology Publishing 52

The IPKat

JULY 30, 2021

the German report to AIPPI's Q219 (2011): "injunctive relief must be granted if the IPR is found infringed"]. In parallel litigation in the UK, Justice Arnold (as he then was) ordered a one-year grace period, with the possibility of extension, because an injunction could adversely impact patients' health [ here , at 67].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Usually, consumer adoption of a given technology correlates to the level of IP litigation. patent litigation. Concerns over patent assertion entities, that primarily asserted software patents, contributed to the enactment of the America Invents Act on Sept. The PTAB remains among the busiest patent forums in U.S.

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Law Patent Technology Art 40

Patently-O

SEPTEMBER 15, 2021

The America Invents Act (AIA), which passed on September 16, 2011, brought about some of the most significant changes to our patent system in over 50 years. Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017).

Invention 130

Invention Intellectual Property Inventor Intellectual Property Law 130

The IPKat

JUNE 25, 2021

His first book “Inside the Patent Factory” was published by Wiley & Sons in 2008, and second book “Harvesting External Innovation” was published by Gower Publishing in 2011. An interest section at the end of this chapter explores the issues of independent invention by a third party and prior user rights.

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Intellectual Property Technology Higher Education IP 52

Patently-O

MARCH 18, 2024

The district court agreed, finding their contributions were significant to the conception of the claimed invention. Under § 256, correcting inventorship requires comparing the alleged co-inventor’s contributions against the invention as claimed. to correct inventorship rights under 35 U.S.C. § Iolab Corp. , 3d 1344 (Fed.

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Patent Inventor Patent Infringement Designs 57

Patently-O

SEPTEMBER 9, 2021

As is usual these days, ELCO turned-around and filed an inter partes review petition — challenging the patent’s validity based upon a 2011 product catalog (printed publication) that had featured the Hatteras lighting product. In the district court litigation, ELCO is seeking to use the single product to show each element.

Invention 76

Invention Art Litigation Public Use 76

Patently-O

DECEMBER 11, 2023

The text is clear: to support liability, the accused infringer must sell a material part of an invention or an article for use in practicing a patented process “knowing the same to be especially made or especially adapted for use in an infringement of such patent.” 35 U.S.C. § 271(c) (emphasis added). Actavis Elizabeth LLC , 435 F.

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Patent Technology Litigation Reporting 44

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

With these technical advances comes an increase in legal activity, including intellectual property (IP) filings and litigation. For battery-related patents, in particular, it is important to consider where and how big the present markets are for the invention. Enforcement and litigation considerations.

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Intellectual Property Litigation Patent Prosecution IP 52

Intepat

NOVEMBER 2, 2023

The extensive spectrum of discussions included diverse facets, from intellectual property filings to inventions, and ventured into the complex realms of legality, ethics, and geopolitics. The number of patent submissions from India has witnessed substantial growth, more than doubling between 2011 and 2021.

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Intellectual Property IP Higher Education Technology 52

LexBlog IP

JUNE 15, 2022

1, it, he made inventive contributions and started the inventive process. ” As that Court went on to observe in paragraph 121, “[i]n the present case, it was said to be an agreed fact that DABUS is the inventor of the invention the subject of the application and that Dr. Thaler is not.

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Inventor Copyright Art Intellectual Property 52

SpicyIP

FEBRUARY 27, 2023

SpicyIP intern Niyati Prabhu highlights a few such litigations between some of the well-known IP firms in the country. In 2011, a First Examination Report (FER) issued by the Trade Marks Registry had objected to the defendants’ application for registration of the device mark BITS PILANI, subsequent to which the application was rejected.

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Trademark IP Registration Technology 104

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. 19 Ancillary technologies have likewise seen a spike in patent litigation activity in recent years, including charging technologies and battery control systems (e.g.,

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Intellectual Property Technology Journalism IP 52