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Patent Law at the Supreme Court February 2022

Patently-O

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

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Decoding The Scepticism Of Overlap Between Patents Law And Competition Law

IP and Legal Filings

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. There has to be a perfect balance between patents law and competition law to provide economically meaningful monopolies. [3] Which will result into innovation in dynamic competition.

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EFTA-India Free Trade Agreement and Patents Rules Amendment: Compromising Public Accountability and Transparency in the Indian Patent System

SpicyIP

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. Prathibha Sivasubramanian is a law researcher working with TWN.

Patent 72
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Guest Post by Prof. Contreras: HTC v. Ericsson – Ladies and Gentlemen, The Fifth Circuit Doesn’t Know What FRAND Means Either

Patently-O

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.

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Knowledge of a True Name brings Magical Power — but is it Patent Eligible?

Patently-O

See Resorbing Patent Law’s Kessler Cat into the General Law of Preclusion. 208 (2014) (quoting Mayo ). The patents at issue here are part of the patentee’s “True Name” family. ‘310 Patent, Claim 24. Alice Corp. CLS Bank Int’l , 573 U.S.

Patent 60
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Definiteness: Federal Circuit’s Pliable Standard Results in Resilient Patent Claims

Patently-O

In Niazi Licensing Corp. 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. Jude Medical S.C., ” Nautilus, Inc. Biosig Instruments, Inc. , 26(a)/(e).

Patent 84
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SCOTUS Denies Cert in Thaler – The Thorny Issue of AI Inventorship

LexBlog IP

Stephen Thaler was appealing a Federal Circuit decision that interpreted the Patent Act to require a human “inventor” for purposes of obtaining a patent. The invention at issue was conceived of by Thaler’s AI model DABUS and not by a human, dooming its chances of obtaining patent protection. Tatham , 55 U.S. (14