IPilogue

APRIL 22, 2022

ViiV alleges Gilead infringed upon patent 385 under the doctrine of equivalents, which has two exclusions: dedication-disclosure and specific exclusion. The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention.

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Patent Settlement Invention Inventor 120

Patently-O

APRIL 20, 2024

by Dennis Crouch Seirus has petitioned for writ of certiorari in its long-running design patent dispute with Columbia Sportswear. 21, 2024) (question paraphrased). Columbia’s design patent claims an “ornamental design of a heat reflective material” as shown in the figures. Columbia Sportswear N. 23-1052 (U.S.

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Design Patent Art Designs Design 67

SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., This has allowed parties with political, ideological, and other non-technical opposition to patent applications to unduly delay the process by raising a series of pre-grant challenges.”From

Patent 52

Patent Patent Application Government Reporting 52

LexBlog IP

JANUARY 22, 2024

On January 16, 2024, the Patent Trial and Appeal Board (PTAB) of the United States Patent and Trademark Office issued a Final Written Decision in a post-grant review (PGR) (PGR2021-00030) of claims in US Patent No. 10,808,039 (“the ’039 patent”) owned by Seagen.

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Patent Invention Patent Infringement Art 52

Patently-O

JANUARY 29, 2024

The question reads as follows: Under the Leahy-Smith America Invents Act (“AIA”), a party may challenge the validity of a patent in an inter partes review proceeding before the Patent Trial and Appeal Board (“PTAB”) and obtain a decision regarding the patent’s validity. The questions presented are: 1.

Litigation 44

Litigation Patent Invention Patent Infringement 44

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. 2022-2207 (Fed.

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Licensing Patent Ownership Patent Infringement 54

Patently-O

FEBRUARY 29, 2024

Breadth of the Covenant : The Federal Circuit held that the plain language of the covenant not to sue in the License Agreement between AlexSam and MasterCard was extremely broad, covering not just potential patent infringement suits but also AlexSam’s breach of contract suit to recover unpaid royalties under the Agreement.

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Licensing Contracts Patent Law Patent 52

Patently-O

APRIL 2, 2024

27, 2024), the Federal Circuit affirmed the dismissal of a patent infringement lawsuit, holding that the asserted claims of Rady’s US10469250 were ineligible under 35 U.S.C. § At step two, the court concluded that the claims fail to recite elements that transform the abstract idea into a patent-eligible application.

Patent 44

Patent Technology Invention Patent Infringement 44

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. coverage Genus and species patents Coverage v.

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Patent Invention Patent Law Law 105

SpicyIP

FEBRUARY 19, 2024

Case Summaries Hmd Mobile India Private Limited vs Mr Rajan Aggarwal & Anr on 9 February, 2024 (Delhi HC) image from here The Plaintiff had filed a petition under Section 50 of the Copyright Act, 1957 for expunging the copyright registration against the Defendant. Do you think this move will help in grievance redressal?

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Invention Music Art Patent Application 105

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. The district court agreed, finding their contributions were significant to the conception of the claimed invention.

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Patent Inventor Patent Infringement Designs 57

SpicyIP

MARCH 26, 2024

Image by freepik Non-literal Infringement: Clarity or Confusion? By Vishno Sudheendra The Delhi HC on 5th March 2024 pronounced an order, in SNPC Machines Private Limited & Ors. Mr Vishal Choudhary , which discusses a case of non-literal infringement of a patented brick-making machine. ‘All Adie , (paywalled).

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Invention Patent Inventor Licensing 49

Patently-O

FEBRUARY 9, 2024

by Dennis Crouch The Federal Circuit recently upheld the US government’s royalty-free license rights over an Alzheimer’s disease research patent under the Bayh-Dole Act. February 9, 2024). On appeal, USF argued the statute requires the funding agreement predate the inventive work. University of South Florida Board of Trustees v.

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Licensing Invention Government Patent 80

Patently-O

JANUARY 4, 2024

2, 2024) (non-precedential) [ PureCircle Decision ], the Federal Circuit affirmed a district court summary judgment siding against the patentee, PureCircle. PureCircle sued SweeGen for patent infringement back in 2018, asserting U.S. Patent Nos. The patents here claim a method of making Rebaudioside X.

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Inventor Invention Patent Patent Infringement 62

SpicyIP

DECEMBER 17, 2023

14 [Submissions by February 29, 2024] NALSAR’s Indian Journal of Intellectual Property Law (IJIPL) is inviting submissions for its 14th Volume. The last date for submission of entries is February 29, 2024. 1253/DEL/2006 and 4197/DEL/2015) related to computer software based on earlier guidelines of the patent office.

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IP Trademark Advertising Advertising 59

Patently-O

APRIL 16, 2024

This portion of the bill is entitled the “ Venue Equity and Non-Uniformity Elimination Act of 2024 or VENUE Act.” By allowing venue in districts where research and development, manufacturing, or implementation of the patented invention occurred, the bill recognizes the importance of these activities in patent disputes.

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Patent Invention Business Inventor 44