Patently-O

FEBRUARY 24, 2022

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.,

Patent Law 95

Patent Law Law Patent Litigation 95

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

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. These four types of inventions are referred to as patent-eligible subject matter.

Invention 98

Invention Patent Patent Law Patent Infringement 98

43(B)log

DECEMBER 15, 2023

The court rejected arguments that the materiality of the claim distinguished it from Dastar -barred claims, and that “first of its kind” doesn’t necessarily imply anything about patent/IP status. Vericool didn’t help its claim by stating in its papers that “[t]o vigorously defend its patent, Vericool World had to bring this claim.”

False Advertising 45

False Advertising Advertising Advertising Intellectual Property 45

LexBlog IP

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. These four types of inventions are referred to as patent-eligible subject matter.

Invention 52

Invention Patent Patent Infringement 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). 101, as interpreted in Alice Corp Pty v. CLS Bank Int’l , 573 U.S. Tropp Petition.

Inventor 74

Inventor Marketing Marketing Patent 74

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.

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Licensing Contracts Patent Law Law 55