JD Supra Law

APRIL 9, 2024

We are pleased to share Sheppard Mullin’s inaugural “Year in Review” report that collects and reports on most key patent law-related Federal Circuit decisions for 2023. This is a follow up to the quarterly report we introduced in Spring 2023, which was very well received.

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JD Supra Law

JANUARY 4, 2024

In Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49, the UK Supreme Court ruled that AI cannot be an ‘inventor’ for the purposes of UK patent law.

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Intellectual Property Law Blog

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. In Incept v. Palette Life Sciences 21-2063, 21-2065 (Fed.

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LexBlog IP

JANUARY 11, 2024

Defining Abnormal Patent Application Behaviors The “Regulations on the Norms of Patent Application Behavior (2023)” provide a clear definition of what constitutes abnormal patent application behaviors: Multiple Submissions: Submitting several applications with significantly identical content.

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JD Supra Law

APRIL 4, 2024

On December 21, 2023, more than three years after the amendments to the Patent Law in 2020 (2020 Patent Law), the Implementation Regulations of the Patent Law (Rules) and the Guidelines for Patent Examination (Guidelines) were issued and came into force on January 20, 2024.

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LexBlog IP

APRIL 24, 2023

The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March 31, 2023. We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. Click here to read more.

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JD Supra Law

APRIL 25, 2023

The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March 31, 2023. We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. Please see full Publication below for more information.

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JD Supra Law

AUGUST 16, 2023

The past several years have brought a dizzying array of changes in patent law, between proposed new legislation, new USPTO filing procedures, and Supreme Court activity at a rate not seen in decades.

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JD Supra Law

OCTOBER 20, 2023

2023 has seen a fundamental shift in the health care landscape.

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Patently-O

JANUARY 7, 2023

I just gave a short (45 min) talk about the past year in patent law. See the slides here: Patent Year in Review. Vidal cert petition likely in January 2023. Patent Venue : Lots still happening in W.D.Tex. by Dennis Crouch. Broad IPR Estoppel : CalTech v. Broadcom/Apple. Pending before the Supreme Court.

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JD Supra Law

FEBRUARY 1, 2023

In this JD Supra exclusive, Laura Labeots discusses the hot IP issues regarding patent protection and what to watch for in 2023. By: Law Matters

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JD Supra Law

SEPTEMBER 22, 2023

Introduction - Generative artificial intelligence (GenAI) has dominated headlines for nearly all of 2023 and demonstrated that it has the potential to disrupt the economic landscape by displacing jobs and creating remarkable efficiencies for business operations. By: Baker Donelson

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JD Supra Law

DECEMBER 22, 2023

16, 2023), the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. In Incept v. Palette Life Sciences 21-2063, 21-2065 (Fed.

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Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. Everyone agrees that issue is not patent law specific. by Dennis Crouch.

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SpicyIP

JANUARY 13, 2023

We are pleased to see that Banaras Hindu University is organizing the 10th Mahamana Malaviya National Moot Court Competition, with the problem for this year’s competition surrounding patent law and incremental innovations. The competition is from 24th March- 26th March 2023. About the Organizer. About the Competition.

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JD Supra Law

DECEMBER 21, 2023

In a noteworthy year for patent law, the U.S. Court of Appeals for the Federal Circuit issued several decisions that will shape the patent landscape and the Federal Rules of Evidence governing expert testimony were amended. Supreme Court and the U.S.

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Patently-O

MAY 18, 2023

The Court held that Amgen’s patent claims were invalid due to a lack of enablement, as they failed to provide adequate guidance for making and using the claimed antibodies. — (2023) ( 21-757_k5g1 ). Sanofi case, while significant, may not come as a surprise to those familiar with the evolution of patent law.

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Intepat

JANUARY 15, 2024

The Present appeal involved three issues Issues 1 – The Scope and meaning of the term “inventor” in the 1977 Act The interpretation of Sections 7 and 13 in patent law leads to a clear conclusion: an inventor must be an individual, specifically a human. Mr.Thaler has explicitly disclaimed being the inventor in this context.

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2022

News & World Report – Best Lawyers “Best Law Firms” 2023 edition. Litigation – Patent . Patent Law . Technology Law . Copyright Law . Trademark Law . In addition, the firm was nationally ranked in seven practice areas, including: . Litigation – Intellectual Property .

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JD Supra Law

FEBRUARY 20, 2023

Minerva and Hologic, competitors selling devices used for ablating uterine endometrial tissue, are notable for their dispute last year that gave the Supreme Court an opportunity to reassess an established patent law doctrine, assignor estoppel (reminiscent of the Court's review of the Federal Circuit's standard for obviousness in KSR Int'l v.

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JD Supra Law

SEPTEMBER 26, 2023

There has been, since the turn of the century, a steady, seemingly inexorable trend towards limiting patent rights and focusing the application of U.S. patent law towards an emphasis on preventing innovators from obtaining patent rights broader than the minimum to which they may be entitled.

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JD Supra Law

JANUARY 8, 2024

patent law by the Leahy-Smith America Invents Act were provisions for post-grant review (PGR) and inter partes review (IPR). One of the many changes introduced into U.S.

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JD Supra Law

NOVEMBER 29, 2022

Supreme Court granted Amgen’s petition to review the “enablement requirement” of Section 112 of the Patent Act. The Court’s decision will likely come in the late second quarter of 2023 and could require significant strategic adjustments by patent owners and prosecutors. See generally Amgen Inc., Sanofi, No. 21-757 (U.S.

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Patently-O

FEBRUARY 20, 2023

These were clearly watershed cases that dramatically changed the landscape of patent law and patent litigation. 2023) , highlights the current state of the law. Since 2012, almost 2,000 court decisions have referenced these cases along with 8,000+ PTAB decisions. The recent decision in Hawk Tech Sys.

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Patently-O

MAY 19, 2023

Thursday, July 20th, will offer another full day of sessions covering everything from responding to prior art rejections, to cultivating diversity in patent law, and best practices for PTAB appeals. My patent law update is Thursday morning. I hope to see you there! For more information and registration, click here.

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The IP Law Blog

DECEMBER 29, 2023

Weintraub Tobin’s Intellectual Property podcast, The Briefing , published nearly 50 episodes this year covering a variety of IP issues relating to trademark, copyright, and entertainment law. As we look back, we want to share The Briefing’s most popular episodes in 2023. 3: What Now for Fair Use After Warhol v. Goldsmith The U.S.

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Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

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JD Supra Law

JULY 17, 2023

One of the wonderful (as in, it makes one wonder) and frustrating (which needs no explanation) aspects of patent law is that just when you think a question is settled it either isn't or the conventional interpretation is called into question.

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LexBlog IP

DECEMBER 21, 2023

16, 2023) , the case addresses the Board’s anticipation and obviousness determinations in two IPRs (IPR2020-00002 and IPR2020-00004), where the Board held the claims in the challenged patents unpatentable as anticipated by, or obvious in view of, the asserted prior art. In Incept v. Palette Life Sciences 21-2063, 21-2065 (Fed.

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The IPKat

JANUARY 7, 2024

The Munich Local Division in SES vs Hanshow took a rather peculiar approach to claim interpretation, for which this Kat struggles to find basis in either EPO or national case law. The patent related to an electronic label for providing pricing information about a product to a consumer. T 439/22) (Jan 2024) Image credit : Midjourney

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The IPKat

NOVEMBER 6, 2023

In the recent UK decision Astellas v Teva [2023] EWHC 2571 (Pat) Mr Justice Mellor in the High Court considered sufficiency, inventive step and infringement of Astellas' formulation patent for mirabegron. Leaving aside the peculiarities of UK patent law, however, the present decision is interesting for another reason.

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JD Supra Law

APRIL 27, 2023

On January 26, 2023, the US Patent and Trademark Office (USPTO) conducted a public roundtable, during which various attorneys and industry experts discussed their thoughts on the intersection of patent law with non-fungible tokens (NFTs). By: ArentFox Schiff

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JD Supra Law

MARCH 3, 2023

In the Hatch-Waxman arena of patent litigation, the crisscross of patent laws and FDA regulations is always in play. Avadel CNS Pharmaceuticals, LLC, 2023 WL 2198640 (Fed. 24, 2023), we see another iteration of this with respect to listing a method-of-use patent in the Orange Book.

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JD Supra Law

MARCH 24, 2023

21-757) on Monday, March 27, 2023. The highly contentious question before the high court focuses what an applicant must show to meet the enablement requirement of patent law. The Supreme Court is set to hear oral arguments in Amgen, Inc. Sanofi (No. By: Bradley Arant Boult Cummings LLP

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JD Supra Law

DECEMBER 15, 2022

Patent and Trademark Office (PTO) are constantly reshaping patent law, and this program will teach you everything you need to know about the basics of patent litigation in this dynamic, rapidly changing landscape. The Supreme Court, the Federal Circuit, and the U.S.

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JD Supra Law

MARCH 9, 2023

The US Court of Appeals for the Federal Circuit ordered that the only Orange Book patent asserted in a lawsuit must be delisted since its claims were directed to the computer-implemented distribution system and not a method of use. 24, 2023) (Lourie, Reyna, Taranto, JJ.). Jazz Pharms., Avadel CNS Pharms., LLC, Case No. 23-1186 (Fed.

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Patently-O

AUGUST 21, 2023

By Jason Rantanen I’m getting ready to teach my Fall 2023 Patent Law class, and that means updating the granted utility patents graph that I do every few years. In fact, looking at the USPTO’s reported statistics, I’d actually expect more issued patents in 2023 than in 2022.

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