JD Supra Law

JULY 7, 2023

In 2011, Congress passed the America Invents Act, which established, among other things, a process by which a party could petition the Patent Trial and Appeal Board (PTAB) to review the validity of a challenged patent based on prior art publications.

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IP Watchdog

JULY 17, 2023

Rockefeller University reversing a decision by the Patent Trial and Appeal Board (PTAB) that invalidated all claims from five SNIPR patents.

Patent 52

Patent Invention Technology Litigation 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

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Patent Application Patent Trademark Patent Prosecution 111

JD Supra Law

OCTOBER 20, 2021

The Federal Trade Commission (“FTC”) sued AbbVie and Besins Healthcare, co-owners of a patent that covered brand AndroGel, in 2017. The FTC claimed that the manufacturers had brought “sham” patent infringement litigation in 2011 against Teva and another generic supplier, Perrigo.

Litigation 101

Litigation Settlement Patent Infringement Branding 101

JD Supra Law

OCTOBER 2, 2023

2019-2011, Document No. The Federal Circuit affirmed a Patent and Trial Appeal Board (“Board”) decision from IPR2017-01256 that held unpatentable all claims of U.S. 9,249,149 (“the ’149 patent”). Incyte Corp., August 22, 2023) (“Sun”). By: Jones Day

Patent 71

Patent 71

LexBlog IP

APRIL 20, 2023

The report, which represents the most exhaustive and global up-to-date investigation of hydrogen-relating patenting so far, analyzed global patent data and covered a broad range of technologies from supply chain to end-use applications.

Patent 52

Patent Patent Application Technology Reporting 52

IP Intelligence

AUGUST 22, 2023

According to Docket Navigator, 2022 was the first year since 2019 that the annual number of new patent cases fell below 5,300. [1] 1] Before 2019, the annual number of new cases had not been below 4,300 since 2011. [2] 3] Compared to 2020 and 2021, last year had approximately 200 fewer new patent litigation proceedings in the U.S.

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Litigation Patent 52

IP Watchdog

APRIL 5, 2022

Patent and Trademark Office's (USPTO's) Patent Trial and Appeal Board (PTAB) denied petitioner OpenSky Industries’ request for rehearing of an earlier decision denying institution of inter partes review (IPR) of one of two VLSI patents supporting a massive $2.2 On March 28, the U.S. billion infringement damages verdict in U.S.

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IP Watchdog

JULY 28, 2022

Patent and Trademark Office (USPTO) announced today that Derrick Brent will serve as the Office’s next Deputy Director. He also served for six years as Chief Counsel to Senator Barbara Boxer and was known as “a respected authority on 2011’s America Invents Act,” according to the USPTO’s release.

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Invention IP Trademark Patent 131

Patently-O

MARCH 11, 2022

Thaler filed for patent protection, but refused to name himself as the inventor — although he created DABUS, these particular inventions did not originate in his mind. The USPTO rejected the applications — explaining US patents must name a human inventor. Thaler – Apper Amicus (Against Patenting by AI).

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Inventor Patent Law Law Patent 126

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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JD Supra Law

DECEMBER 11, 2023

the Federal Circuit held for the first time that the Patent Trial and Appeal Board (“the Board”) has the authority to issue a Final Written Decision even after the statutory deadline has passed. Congress introduced post grant review (“PGR”) and inter partes review (“IPR”) in 2011 as part of the America Invents Act (AIA).

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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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Art Journalism Patent Law Invention 125

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

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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.

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JD Supra Law

SEPTEMBER 11, 2023

From the first patent reform bill introduced by Representative Lamar Smith in June 20052 until the final House and Senate debates in September 2011, Congress debated every provision of the AIA, revised the language, debated some more, and finally codified the new law with overwhelming bipartisan support.

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Invention Law Patent 66

Indiana Intellectual Property Law

MARCH 21, 2023

(DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement. Since launching their website in 2011, Disintermediation has handled over one million chat messages. According to the Complaint, DSI’s software includes numerous technological improvements that were captured in a family of patent applications.

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Patent Infringement Litigation Patent Patent Application 52

JD Supra Law

JULY 12, 2021

Don’t Panic - Facing an inter partes review (IPR) challenge is a new experience for many patent owners, even though IPRs have quickly become a preferred avenue for accused infringers and other interested parties to challenge the validity of an issued patent since their creation by Congress in 2011.

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Patent Litigation 55

The IPKat

DECEMBER 31, 2021

The EPO has launched a user consultation on grace periods for patents, the results of which will be published in early 2022 ( EPO press release ). The EPC as it currently stands does not permit a grace period in which inventors may disclose their invention without prejudicing a future patent filing. 102(b)(1)(A) ). 102(b)(1)(A) ).

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SpicyIP

AUGUST 31, 2023

On August 30, the office of the Controller General of Patents, Design and Trademarks (CGPDTM) released a public notice inviting comments from stakeholders to revamp the different IP guidelines and manuals. The invitation is specific to the Patents, Designs, Trademarks, GI and Copyright Manuals and Guidelines.

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IP Patent Prosecution Designs Design 110

Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses certain implications of the Laehy-Smith America Invests Act (AIA), namely whether patents with a filing date after March 16, 2013 (pure AIA patents) may be part of an interference proceeding under pre-AIA, 35 U.S.C. § Background In 2011, Congress passed the AIA, which transformed the U.S.

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Invention Patent Application Inventor Government 162

Patently-O

OCTOBER 10, 2022

Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” 91, 114 (2011) (Breyer, J, concurring). Sandoz, Inc. ,

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Patent Law Law Patent Invention 97

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. (iii) from the news media, 31 U.S.C. An ex parte patent prosecution is clearly “Federal”: the PTO is an agency of the U.S.

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Patent Law Law Patent Prosecution Patent 60

IP.com

JANUARY 29, 2024

Over the last decade, the total annual patent applications submitted to the United States Patent and Trademark Office (USPTO) each year is over 600,000 applications. The fastest patent review process time is 6-12 months if fast-tracked via Track One , with the average taking up to 22 months.

Inventor 52

Inventor Patent Application Patent Technology 52

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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Journalism Art Patent Law Invention 104

Patently-O

AUGUST 4, 2022

Editor’s Note: Avery Welker is a rising 3L at Mizzou and likely a future patent attorney. In 2010, TecSec asserted several patents against Adobe covering file-encryption methods transmitted over a data network. [3] You can email ideas for future posts to avery@patentlyo.com. – Dennis Crouch. By Avery Welker. TecSec, Inc. Adobe Inc. ,

Law 56

Law Intellectual Property Patent 56

IP Watchdog

SEPTEMBER 19, 2021

patent laws enacted on September 11, 2011; one relating to the U.S. changing from first-to-invent to first-to-file, the other relating to the creation of the Patent Trial and Appeal Board (PTAB) and three new procedural mechanisms to invalidate issued patents. There were two revolutionary amendments to U.S.

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Invention Patent Art Patent Law 72

The IPKat

AUGUST 17, 2021

Event studies have been used before in IP, in particular regarding patent infringement disputes and patent oppositions. Generally, the very instance of an infringement case conveys positive returns for the patent owner and negative returns for the alleged infringer, irrespective of the outcome.

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Marketing Marketing IP Licensing 142

JD Supra Law

FEBRUARY 9, 2022

On January 11, 2022, the Patented Medicine Prices Review Board (PMPRB) released a report entitled Expensive Drugs for Rare Diseases: Canadian Trends and International Comparisons, 2011-2020 as part of the National Prescription Drug Utilization Information System (NPDUIS) initiative.

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Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127. 101, 102, 103, and/or 112.”

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Patent Patent Infringement Copying Technology 97

Patently-O

OCTOBER 6, 2021

Patentee wins this one–with the Federal Circuit reversing the district court and finding the claims on patent-eligibility under Alice step-two. 2011 priority filing date). This is another case that serves as a data-point, but I struggle to differentiate it from similar cases finding claims ineligible. CosmoKey’s U.S. step two.

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Patently-O

SEPTEMBER 9, 2022

Smith is a short opinion affirming the USPTO’s refusal to issue Jason Smith’s patent on eligibility grounds. In his 2011 post-Bilski article, Prof Risch wrote some about the overlap between utility and eligiblity and suggested merger of the two doctrines. by Dennis Crouch. In re Smith , 22-1301 (Fed.

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Invention Patent IP Law 78

IP Watchdog

SEPTEMBER 16, 2021

Some of the most controversial provisions were ultimately dropped in order to get the law through Congress, and overall, the IP world was celebrating on September 16, 2011, that at least some action had been taken on reforming, and ostensibly strengthening, the U.S. patent laws.

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Invention Inventor IP Patent Law 124

Patently-O

OCTOBER 12, 2023

Ultimately the PTAB sided with the patent challenger and and that determination was affirmed on appeal in a R.36 TWC’s patent claims an “inflatable product,” such as an air mattress, that has a built-in electric pump. 36 no-opinion judgment. The key prior art references in the case are U.S. See Star Scientific, Inc.

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Patent Invention Art Designs 67

More Than Your Mark

MARCH 12, 2021

patenting courts, “new recipes or formulas for cooking food which involve the addition or elimination of common ingredients, or for treating them in ways which differ from the former practice, do not amount to invention merely because … no one else ever did the particular thing upon which the applicant asserts his right to a patent.”

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Patent Invention Art Blogging 52

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.

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Licensing Patent Ownership Patent Infringement 54

IAM Magazine

SEPTEMBER 7, 2021

An IP purge between 2011 and 2015 saw the lapse of many of the rights the pharma giant developed itself, as well as a number of those it had acquired.

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Patent IP 52