LexBlog IP

SEPTEMBER 27, 2022

Although in theory the ruling should provide more clarity on the increasingly important question of the patentability of computer-implemented inventions ( CIIs ), the opposing views taken by the two camps of justices may instead create an environment for greater disputation. ’ [16] Is the claimed invention a manner of manufacture? .’

Technology 52

Technology Invention Patent Licensing 52

Intellectual Property Law Blog

FEBRUARY 13, 2024

February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection. 4th 1323 (Fed.

Art 130

Art Invention Copying Designs 130

IP Watchdog

AUGUST 16, 2021

Global revenues in the food delivery sector have doubled between 2017 and 2020 and are expected to reach $97 billion USD by the year 2024. The top four delivery apps saw a year-over-year increase of $3 billion in combined revenues when comparing the second and third quarters of 2019 and 2020.

Invention 119

Invention Reporting Patent Business 119

LexBlog IP

JANUARY 11, 2024

The Principle of Good Faith in Patent Applications The revised regulations emphasize the principle of good faith in all patent applications: New Article 11: Mandates adherence to the principle of good faith. Genuine Inventive Activities: Requires applications to be based on real and original inventive activities.

Patent Law 52

Patent Law Law Intellectual Property Intellectual Property Law 52

IP Watchdog

MARCH 1, 2024

The MTA pilot program for America Invents Act (AIA) proceedings at the Patent Trial and Appeal Board (PTAB) stems back to March 2019, when the Office published a notice of pilot program in the Federal Register announcing that patent owners would have the opportunity to seek preliminary guidance on MTAs from the Board itself.

Invention 52

Invention Publishing Government Patent 52

The IPKat

MARCH 19, 2024

As such, " in the event of a discrepancy between the claims and the description, those elements of the description not reflected in the claims are not, as a rule, to be taken into account for the examination of novelty and inventive step " (r. Claim amendments submitted as an auxiliary request were considered novel and inventive.

Invention 57

Invention Patent Art Law 57

LexBlog IP

FEBRUARY 6, 2024

This article was originally posted to Law360. 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. ” 35 U.S.C. § § 315(e)(2).

Art 52

Art Patent Invention Designs 52

The TTABlog

MARCH 5, 2024

90518181 (February 27, 2024) [not precedential] (Opinion by Judge Christopher C. Under the Inwood test, a product configuration is functional under Section 2(e)(5) if (1) it is "essential to the use or purpose of the article,” or (2) it "affects the cost or quality of the article." Welch 2024. Text Copyright John L.

Design Patent 70

Design Patent Designs Design Trademark 70

Patently-O

APRIL 20, 2024

Questions presented: When looking for comparison prior art, is the article’s function relevant in any way? Must the comparison prior art be the “same article” as claimed? 21, 2024) (question paraphrased). Petition for Writ of Certiorari, Seirus Innovative Accessories, Inc. Columbia Sportswear N. 23-1052 (U.S.

Design Patent 67

Design Patent Art Designs Design 67

SpicyIP

MARCH 16, 2024

Image from here On March 15, the Patent (Amendment) Rules, 2024 were published in the Gazette of India, making crucial changes in the Indian patent regime. These provisions were:- Article 13.3 Article 11.7 Article 11.7 There will likely be more posts in the coming days that take a deeper look into these Rules.

Publishing 64

Publishing Patent Confidentiality IP 64

The IPKat

DECEMBER 11, 2023

Léon provides a brief summary of the book’s main argument below and announces a launch event on 12 January 2024 that promises to be interesting. What is more, Article 3 Enforcement Directive prohibits “barriers to legitimate trade”, i.e. the ability to monetize non-infringing technology [cf. here , at 792].

Patent Law 70

Patent Law Law Patent Invention 70

43(B)log

FEBRUARY 16, 2024

2024 WL 629985, No. Lashify, Inc. Qingdao Lashbeauty Cosmetic Co., W-22-CV-00776-ADA-DTG, No. W-22-CV-00777-ADA-DTG (W.D. But there were four alleged false markings within the five-year limitations period. Lashify argued that it held a European patent for one product at the time it promoted that product.

False Advertising 59

False Advertising Advertising Advertising Patent 59

The IPKat

MARCH 24, 2024

Many leading watchhouses are built on groundbreaking patented inventions, like Abraham-Louis Breguet’s tourbillion, Hans Wilsdorf’s waterproof oyster seal or Richard Mille’s tonneau-shaped timepieces [see here ]. The atelier’s customization work was found to be allowed under the first private use scenario but not under the second.

IP 70

IP Marketing Marketing Reporting 70

The IPKat

JANUARY 12, 2024

AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK is hosting their first event of 2024 and it's a good one - and online! Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions.

IP 67

IP Intellectual Property Law Law Invention 67

Technology & Marketing Law Blog

JANUARY 21, 2024

YouTube Uploaders Listed on Schedule A , 2024 WL 189013 (N.D. 17, 2024) * * * Bonus 1: The court issued a related ruling, Viral DRM LLC v. Onyshchuk , 2024 WL 189011 (N.D. For this and many other reasons, I reiterate: #StopTheSADScheme. Case Citation : Viral DRM LLC v. The CourtListener page.

Copyright 78

Copyright Design Patent Trademark Designs 78

Patently-O

JANUARY 12, 2024

by Dennis Crouch This article analyzes some of the latest developments in the ongoing legal battle between medical device company Masimo and tech giant Apple regarding Apple’s adjudged infringement of Masimo’s pulse oximetry patents in its Apple Watch. Masimo , 22-1890 (Fed. 8,457,703 were not shown to be obvious).

Patent 82

Patent Confidentiality Designs Design 82

Patently-O

FEBRUARY 11, 2024

Feb 9, 2024). The claims at issue related to electrically-heated smoking articles. ” Ultimately, the issue was “whether the invention appellants seek to protect by their claims is part of the invention that appellants have described as theirs in the specification.” RAI Strategic Holdings, Inc.

Invention 57

Invention Designs Design Art 57

IPilogue

APRIL 22, 2022

This article delves into the legal doctrines that support the parties’ claims and the overarching strategy to their settlement. The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention. The two companies have agreed to settle with Gilead paying $1.25

Patent 120

Patent Settlement Invention Inventor 120

IP and Legal Filings

MARCH 19, 2024

This article explores real world examples, international perspectives and aims to provide comprehensive understanding of the complexities surrounding trademark restriction. This article aims to dissect the nuances of trademark restrictions, focusing on the ineligibility of everyday language for monopolistic control. [i]

Branding 52

Branding Brands Branding Intellectual Property 52

The IPKat

MARCH 21, 2024

The UPC CoA interpreted the claims of the patent more broadly than the Local Division and found the patent likely to be invalid for lack of inventive step. The Munich Local Division was satisfied that the patent was novel, sufficiently disclosed and inventive. The UPC CoA also ordered 10x Genomics to pay €7 million of costs.

Invention 57

Invention Art Patent Licensing 57

The IPKat

JANUARY 21, 2024

Amending the description and claim-like clauses The EPO Guidelines for Examination currently require that, when adapting the description, an applicant must either delete subject matter not covered by the claims or explicitly state in the description that such subject matter is not part of the invention ( F-IV, 4.3 ).

Patent Application 62

Patent Application Patent Invention Law 62

Patently-O

MAY 6, 2024

Professor Kevin Collins has written several articles that focus on the printed matter doctrine and its overlap with eligibility, anticipation, and obviousness. IOEngine, LLC v. Ingenico Inc. 2021-1227 (Fed. In this decision, the Federal Circuit partially reversed a PTAB invalidity finding against several IOEngine patent claims.

Patent 62

Patent Invention Designs Design 62

LexBlog IP

FEBRUARY 13, 2024

February 9, 2024) addressed two issues: (1) when the written description requirement is met in the context of a claimed range that is narrower than the ranges disclosed in the patent specification, and (2) the kind of prior art disclosure language which supports a finding of a motivation to combine for an obviousness rejection. 4th 1323 (Fed.

Art 52

Art Invention Copying Patent 52

Patently-O

APRIL 16, 2024

2024 WL 1561195 (Fed. 11, 2024) Human clinical trials play an essential role in the discovery, development, and regulatory approval of innovative drugs, and federal law mandates the public disclosure of these trials. The Court has recognized that a clinical study itself is a protected experimental use of the invention.

Art 75

Art Patent Journalism Publishing 75

LexBlog IP

MARCH 11, 2024

Publish guidance to USPTO patent examiners and applicants addressing inventorship and the use of AI, including generative AI, in the inventive process and how inventorship issues ought to be analyzed; 2. 2] The guidance provides that AI-assisted inventions are not categorically unpatentable. 1] In section 5.2

Invention 52

Invention Inventor Intellectual Property Patent 52

Patently-O

MAY 24, 2023

Watch her video for Invent Together , entitled Challenges Encountered as a Diverse Inventor. Segments explored the why and how of diversity piloting, including the case for diversity in innovation and for rigorously piloting ways of advancing it.

Inventor 84

Inventor Intellectual Property Invention Blogging 84

The IPKat

JANUARY 7, 2024

However, under Article 24 UPCA , the applicable laws for the UPC include the EPC and the national law of the contracting states. T 439/22) (Jan 2024) Image credit : Midjourney Key to the court's decision was the question of how the claims should be interpreted. As such the antenna had to be positioned in front of the display screen.

Patent 97

Patent Law Contracts Invention 97

LexBlog IP

AUGUST 24, 2023

7] In KSR , the Supreme Court overruled the Federal Circuit’s rigid rule for obviousness (the teaching, suggestion, motivation test) in favor of a more flexible test that considered what would have been obvious to a person of ordinary skill in the art at the time the invention was made. The en banc decision is expected sometime in 2024.

Design Patent 52

Design Patent Designs Design Patent 52

Patently-O

APRIL 18, 2024

2024), centers on Dr. Stephen Thaler’s attempts to register a copyright for an artistic image autonomously generated by his AI system that he has named the “Creativity Machine.” Sarony , which rooted authorship in “intellectual invention” and “mental conception.” The case, Thaler v.

Copyright Law 62

Copyright Law Copyright Registration Inventor 62

SpicyIP

NOVEMBER 26, 2023

Considering section 124, the court clarified that in such a case where rectification and an infringement suit are filed against the impugned mark, the rectification petition has to be decided first, before proceeding with the trial of the suit and listed the rectification for hearing on January 9, 2024. Read on to know more!

Trademark 59

Trademark Registration Invention Social Media 59

SpicyIP

MAY 6, 2024

Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu Pic from here The Delhi High Court, on 24th April, passed an order that our patent law enthusiast readers will be very interested in! Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. Bulgari S.P.A

Trademark 59

Trademark Invention Licensing Patent 59

Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. by Dennis Crouch The Federal Circuit’s new decision in Intellectual Tech LLC v. Zebra Techs.

Licensing 51

Licensing Patent Ownership Patent Infringement 51

SpicyIP

MAY 4, 2024

Pic from here Natco v Novartis 2024: Delhi High Court’s Novartis Moment & Indian Patent Law’s Déjà Vu By Shivam Kaushik A Division Bench (DB) of the Delhi High Court recently passed a judgment in Natco Pharma v. Novartis AG 2024:DHC:3198-DB. Shivam is an advocate practicing in Delhi. Views expressed here are his alone.

Patent 105

Patent Invention Patent Law Law 105

43(B)log

APRIL 29, 2024

Kitchen Cube LLC, 2024 WL 1829620, No. 17, 2024) Leszczynski invented a measuring cube that combines various measuring volumes into a single cubical structure. Leszczynski v. 8-23-cv-01698-MEMF-ADS (C.D. He posted the Cube design and 3D print files on Thingiverse.com, the largest site for 3D print objects.

False Advertising 59

False Advertising Advertising Advertising Copyright Infringement 59

Patently-O

FEBRUARY 26, 2023

And when an invention is in use by a member of the public (rather than the inventor), it is blackletter law that the use can be “public use” even if it takes place entirely in secret, behind closed doors. In addition, it is also blackletter law that the use need not enable the invention to constitute prior art. forthcoming 2024).

Public Use 90

Public Use Inventor Invention Art 90

IIPRD

MARCH 21, 2024

According to Article 8(2) of the TRIPS Agreement and Paragraph 1 of the TRIPS Preamble, Members may adopt appropriate actions by the TRIPs to stop rights holders from abusing their intellectual property. Competition Commission of India, Anr <[link] >accessed on 15 March 2024. [3] 3] Yogesh Byadwal, ‘The Competition Act V.

Intellectual Property 98

Intellectual Property Law Licensing Intellectual Property Law 98

Patently-O

APRIL 8, 2024

April 5, 2024). Under Article III of the Constitution, federal courts are limited to deciding actual “Cases” and “Controversies.” ” [2] On March 7, 2024, the U.S. .” ” [2] On March 7, 2024, the U.S. 1, 2024). Sumitomo Pharma Co. Vidal , No. 22-2276 (Fed. Teva Pharms.

Patent 44

Patent Invention Settlement Licensing 44