JD Supra Law

AUGUST 9, 2021

IPR has been popular with patent challengers and trial court defendants since 2012, when the America Invents Act (“AIA”) took effect. Any person or entity may challenge the validity of a patent by petitioning the Patent Trial and Appeals Board (“the PTAB”). Although IPR petitioners. By: Sunstein LLP

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JD Supra Law

JUNE 29, 2023

Congress implemented the Leahy-Smith America Invents Act (“AIA”) to “establish a more efficient and streamlined patent system that [would] improve patent quality and limit unnecessary and counterproductive litigation costs.” In some instances, district courts stay civil patent litigation cases where the patents-in-suit are.

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JD Supra Law

SEPTEMBER 14, 2022

Patent and Trademark Office (USPTO) established its Patent Trial and Appeal Board (PTAB) in September 2012. As mandated by the America Invents Act, the PTAB conducts administrative trials, such as inter partes reviews, and handles appeals from examiner rejections of patent applications.

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Patent Application Invention Trademark Patent 98

SpicyIP

JULY 25, 2023

While several intellectual property rights battles are being fought over the mRNA platform, a key question that remains unaddressed is whether and to what extent mRNA is patent eligible. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Is Messenger RNA Patent-Eligible?

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Patent Invention Litigation Law 97

Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § Background Trinity sued Covalent for patent infringement of U.S. Patent 9,087,321 (“the ’321 patent”) and U.S. 321 patent col.

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SpicyIP

JUNE 28, 2023

Simply put “march-in” rights would allow the government to take control of the IP rights of inventions owned by private companies if those inventions have been funded by public money through grants from the government or through licensing agreements with government R&D institutions. crores for CSIR (2012-22); Rs.

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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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Intellectual Property Law Blog

AUGUST 1, 2023

Patent Application 15/131,442 (the “’442 Patent”) with claims directed to a method of increasing prostacyclin release in systemic blood vessels of a human to improve vasodilation and reduce hypertension. Background John L. Couvaras filed U.S. to note that “[a]rguments raised only in footnotes [] are waived.” Otsuka Pharm.

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Patently-O

APRIL 30, 2024

by Dennis Crouch This article explores the impact of Generative AI on prior art and potential revisions to patent examination standards to address the rising tidal wave of AI-generated, often speculative, disclosures that could undermine the patent system’s integrity. See my 2014 post. 102, and are presumed to be enabling.

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JD Supra Law

MARCH 24, 2022

In June 2021, the US Patent and Trademark Office (USPTO) published an update to its study of America Invents Act (AIA) trials involving challenges to Orange Book-listed and biologic patents from September 16, 2012, through June 30, 2021. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.

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Intellectual Property Law Blog

JULY 31, 2023

UCB”) holds patents (the “Muller” patents, priority date in 1999) covering the active ingredient rotigotine in Neupro, a Parkinson’s medication administered via a patch on the skin. The Muller patents disclose ratios of rotigotine to PVP ranging from 9:1.5 In 2014, UCB sued Actavis for infringement of the Muller patents.

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IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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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) ).

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Patent Inventor Patent Application Art 131

Patently-O

JANUARY 20, 2023

Are inventions described in works of science fiction patentable? This sort of science fiction is not patentable because it cannot logically be enabled or have credible utility when the patent is filed. For similar reasons, science fiction is rarely cited as prior art against later patent filings. See [link].

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Patent Law Law Inventor Patent 96

LexBlog IP

MARCH 15, 2023

The best inventions cure a historical illness. But a jury in Utah found last week that Dish infringed the claims of two patents owned by ClearPlay and found damages in the amount of $469 million. That theory is ubiquitous in patent damages jurisprudence and looks to fifteen separate factors, none of them dispositive.

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Patently-O

APRIL 12, 2023

by Dennis Crouch A decade ago, the US Supreme Court issued a pair of decisions that upended substantial aspects of patent practice. 66 (2012); and Alice Corp. Many thousands of patents have been denied or invalidated under the expanded doctrine. Patent Nos. Mayo Collaborative Servs. Prometheus Labs., 208 (2014).

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Technology Art Patent Invention 64

JD Supra Law

JANUARY 11, 2023

As the dodo of patent practice, the number of interferences has been steadily dwindling since enactment of the Leahy-Smith America Invents Act in 2012 abolished the practice in favor of a "first inventor to file" regime and a derivation proceeding for instances where a patentee is found to have taken the invention from the true inventor (35 U.S.C. (..)

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Technology Inventor Invention Patent 52

The IP Law Blog

APRIL 21, 2022

Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. Alice Corp. CLS Bank International , 573 U.S. 208, 216, 219 (2014).

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Invention Patent Patent Law Patent Infringement 98

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 ).

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Biswajit Sarkar Copyright Blog

AUGUST 27, 2022

Is the protection of patent available for website? In some case, however, if the functioning of the website involved complex processes and an inventive step, it might be protected through patents too. Requirements for patentability. the requirements for patentability are- Novelty, inventive step, industrial application.

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Patently-O

MAY 23, 2024

Patent Application No. Under the pre-AIA first-to-invent patent system, if two parties claimed the same invention in separate patent applications or patents, the USPTO could declare an interference proceeding to determine which party was the first to invent and thus entitled to the patent.

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Patently-O

MARCH 4, 2024

by Dennis Crouch The Federal Circuit held oral arguments on March 4, 2024 in the important patent case of Celanese Int’l. The question: Under the AIA, does sale of a product by the patent applicant prohibit the patentee from later patenting the process used to make the product? v ITC , 22-1827 (Fed. Compare D.L.

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Patently-O

JUNE 26, 2023

It’s also common for the examiner to misconstrue aspects of the invention. The middle (grey) line in the chart pertains to non-financial data processing inventions (2120s). This is an increase from the 2% rate in 2012. This process often includes rectifying typographical errors and clarifying loose claim language.

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Invention Art Reporting Patent 116

Patently-O

AUGUST 23, 2021

Obviousness of a design patent is governed by 35 U.S.C. 103, just like utility patents. Soup Dispenser Design patent case is back before the Federal Circuit. PTAB – patents are valid; 2. PTAB – yes, patents are valid; 4. Design Patent Nos. by Dennis Crouch. Campbell Soup v. Gamon Plus (Fed.

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Design Patent Designs Design Patent 90

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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Inventor Ownership Contracts Intellectual Property 69

Patently-O

FEBRUARY 20, 2023

Constitution authorizes Congress to legislatively create a patent system. And, Congress has so since the beginning, with George Washington signing the the First Patent Act into law in 1790. As Congress continued to legislatively develop the statute, courts also added common law nuance, including the law of patent eligibility.

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Invention Technology Patent Law 90

Intepat

MAY 4, 2023

Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. Patent law operates on two principles i.e. to encourage innovation and to promote the progress of science and technology. The problem arises when the push and pull of competition law and patent law cause friction.

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IP Law 360

AUGUST 12, 2021

Since September 2012, only about 10% of America Invents Act petitions have been targeted at the pharmaceutical and biologic industries, according to new data from the U.S. Patent and Trademark Office.

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Patent Invention Trademark 40

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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Intellectual Property Law Blog

FEBRUARY 6, 2024

The America Invents Act created inter partes review in 2012. Statutory estoppel is one of the features of the statute that balances the interests of patent owners and patent challengers. The second interpretation is that “‘grounds’ are the particular patents and printed publications. 35 U.S.C. § Prolitec Inc.

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Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ).

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Patently-O

DECEMBER 2, 2021

The mathematical formula was an abstract idea, and thus offered no patentable weight. Even though a phenomenon of nature or mathematical formula may be well known, an inventive application of the principle may be patented. 66 (2012), a patent claim should be considered “as a whole” in accordance with Diamond v.

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JD Supra Law

JUNE 24, 2022

Since the passage of the America Invents Act in 2012, both petitioners and patent owners have expressed concerns regarding the procedures and practices of the Patent Trial and Appeal Board (PTAB).

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Intellectual Property Invention Patent 55

The IPKat

SEPTEMBER 23, 2022

Over to our Belgian Katfriends : " While 2022 is in full swing with high levels of business in the Belgian courts, 2021 was a quieter year for patent litigators in Belgium. 25 EPC, and the disappearance of the cautio iudicatum solvi that was sometimes required from foreign plaintiffs launching (patent) proceedings in Belgium.

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Patently-O

AUGUST 2, 2021

Back in 2012 though he took an unpaid leave-of-absence to start a LASER company. During that time he filed a number of patent applications that came from his time on-leave and that he assigned to Omni. Omni later sued Apple for infringement, but the iPhone giant argued that Omni lacked standing since UM was the real patent owner.

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IPilogue

APRIL 25, 2022

After a decade-long dispute, the United States Patent Trial and Appeal Board (“PTAB”) decided that Drs. Charpentier and Doudna were not the rightful owners of the CRISPR-Cas9 patent, concluding that the gene editing technology belonged to Dr. Feng Zheng and her team of scientists at the Broad Institute of MIT and Harvard.

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JD Supra Law

MARCH 31, 2022

One of the casualties of the Leahy-Smith America Invents Act in 2012 was 35 U.S.C. § patent applicants disgruntled with a determination of unpatentability before the U.S. Patent and Trademark Office, but was abrogated by the AIA. 145, which had provided recourse to U.S. District Courts for U.S.

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