Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.”

Invention 58

Invention Art Patent Designs 58

IPilogue

OCTOBER 12, 2021

We invite you to participate in the tryouts for the annual Patent Application Drafting Competition (PADC)! Students interested in trying out for Osgoode’s PADC team must submit answers to our patent drafting skills exercise by 3 pm on Friday, October 22, 2021. About the Patent Drafting Competition.

Patent Application 78

Patent Application Patent Drafting Patent Invention 78

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. Amgen Inc. 3d 1313, 1354 (Fed.Cir.2003).

Art 110

Art Invention Patent Application Publishing 110

IP Intelligence

JUNE 1, 2023

208 (2014), “diagnostic” patent claims have repeatedly been held to be directed to patent-ineligible subject matter by the U.S. Patent and Trademark Office (PTO) and courts. patent law. patent law. Since the Supreme Court’s decisions in Mayo Collaborative Servs. Prometheus Lab’ys, Inc. ,

Patent Law 52

Patent Law Law Patent Designs 52

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 ).

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

Patently-O

JULY 8, 2022

David Tropp sued Travel Sentry for patent infringement back in 2006. That was the same year that I first taught a patent law class. Back then, eligibility was almost an unknown concept in patent litigation. 208 (2014). The rule of thumb was “anything under the sun, made by man,” and I mean ANYTHING.

Inventor 74

Inventor Marketing Marketing Patent 74

Patently-O

APRIL 11, 2022

Niazi’s US6638268 covers a double lined catheter designed for placing an electrical lead in the coronary sinus vein. 898 (2014). Patent law’s definiteness requirement is derived from the requirement that patent claims “particularly pointing out and distinctly claiming the subject matter” of the invention.

Patent 84

Patent Reporting Licensing Designs 84

IP Intelligence

MAY 31, 2023

208 (2014), “diagnostic” patent claims have repeatedly been held to be directed to patent-ineligible subject matter by the U.S. Patent and Trademark Office (PTO) and courts. patent law. patent law. Since the Supreme Court’s decisions in Mayo Collaborative Servs. Prometheus Lab’ys, Inc. ,

Patent 40

Patent Law Patent Law Designs 40

LexBlog IP

JUNE 1, 2023

208 (2014), “diagnostic” patent claims have repeatedly been held to be directed to patent-ineligible subject matter by the U.S. Patent and Trademark Office (PTO) and courts. patent law. patent law. Prometheus Lab’ys, Inc. , 66 (2012), and Alice Corp.

Law 40

Law Patent Patent Law Designs 40

The IPKat

FEBRUARY 8, 2023

An example of a Happy Meal box Thoughts Patent law is ruled out from the analysis. No patent seems to concern this box. In terms of design law, it does not appear that McDonald's has chosen to protect the aesthetic appearance of the Happy Meal. Perhaps, McDonald’s should not have disregarded design law.

Designs 62

Designs Design Law Copyright 62

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.

Invention 90

Invention Technology Patent Law 90

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.

Licensing 55

Licensing Contracts Patent Law Law 55

The IP Law Blog

MAY 7, 2021

As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” The patent language, and the Court’s construction of claim terms clearly support the finding in favor of Motorola. ICON Health & Fitness, Inc. ,

Litigation 94

Litigation Patent Infringement Patent Government 94

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.

Licensing 52

Licensing Contracts Law Patent Law 52

Patently-O

APRIL 12, 2024

By Dennis crouch The international IP community is moving toward further harmonizing legal protection for industrial designs. In the US, these are design patent rights. ” Several years ago, the US implemented the Hague Agreement Concerning the International Registration of Industrial Designs (Hague System).

Designs 40

Designs Design Law Registration 40

Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. 256 to correct inventorship on an issued patent. Tube-Mac Indus., Campbell , No. 2022-2170 (Fed.

Patent 58

Patent Inventor Patent Infringement Designs 58

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” context to see how various other countries have responded to such challenges as well, not only in copyright but in trademark and patent too.

Intellectual Property 52

Intellectual Property Invention Trademark Copyright 52

Patently-O

DECEMBER 14, 2021

The Supreme Court has not yet granted a writ of certiorari in any patent cases this term, and has denied certiorari in several dozen cases. A handful of important petitions are pending whose outcome could be transformative to the law. by Dennis Crouch. Eligibility : American Axle & Manufacturing, Inc. Neapco Holdings LLC , No.

Patent Law 86

Patent Law Law Patent Licensing 86