LexBlog IP

FEBRUARY 29, 2024

The Federal Circuit Court of Appeals has struck down many patents on the grounds that they are invalid as directed to an abstract idea, relying on the Supreme Court’s Alice decision. The patent examiner rejected the claims on the grounds that the claims were directed to patent-ineligible subject matter under 35 U.S.C.

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Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. This year’s exam is very loosely based upon an interesting patent that I found associated with the Tow Whee product created by Eric Landis. After talking again with Jane, EL decided to patent the device. Question 3.

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43(B)log

AUGUST 20, 2021

Shingle Savers counterclaimed, alleging, among other things, false advertising under the Lanham Act and violation of the Ohio Deceptive Trade Practices Act. RM argued that reliance wasn’t justifiable because patents are a matter of public record, but the court declined to extend real estate cases to cover this situation. “[T]he

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43(B)log

FEBRUARY 17, 2022

Was this commercial advertising or promotion? Elysium argued that the website as a whole was a referral website for Tru Niagen, which advertised Tru Niagen at the top of every page. Thus, any false advertising claim would lie against Albaum, not [directly] against ChromaDex. You can find out more here: [link].

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43(B)log

MARCH 18, 2022

15, 2022) Eyenavision sued EnChroma, the assignee of a patent (the ‘286 Patent) related to optical filters for lenses intended to assist individuals who suffer from color vision deficiency (CVD), aka colorblindness, to differentiate between colors. The same allegations also sufficed for Lanham Act false advertising.

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SpicyIP

MAY 10, 2023

Image from here On April 28, 2023, Justice Amit Bansal of the Delhi High Court passed three separate orders, all dealing with a similar issue- unclear, unreasoned orders from the Patent Office and the Trademark Registry (IP Offices) that rejected the patent/ trademark applications. Rosemount Inc. Satheesh Madhav and Anr.

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IP Law 360

NOVEMBER 9, 2021

The Federal Circuit on Monday affirmed the Patent Trial and Appeal Board's rejection of a patent application from Google on targeted advertising technology that automatically detects users who are interested in trends based on images shared on social media.

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LexBlog IP

JUNE 20, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. Part One of this series covers claim scope and inventorship.

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IP Watchdog

MAY 20, 2022

This week in Other Barks & Bites: the European Commission sent notice to several EU member states directing them to codify recent rule changes to EU copyright law; a WIPO report shows that China has a significant lead in global patent application filings for hydrogen fuel cell vehicle technologies; Judge O’Grady is removed from the criminal copyright (..)

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Intepat

DECEMBER 4, 2023

This evolution is also exemplified by the substantial increase in patent applications filed by MSMEs in the preceding financial year, a development that highlights the growing importance of patents as a strategic tool in this segment of the Indian economy. The benefits of patenting are manifold.

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LexBlog IP

MAY 9, 2023

Interesting Patents | Spotify: Unleashing the Power of Bluetooth Low Energy in Your Car by Founders Legal Interesting Patents | Tuesday, May 9, 2023 The United States Patent and Trademark Office (USPTO) grants hundreds of new patents every week, showcasing developments in technology and innovation.

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The IPKat

JULY 19, 2022

Earlier this year, IPKat reported on the EPO's advertised workshop on description amendments ( IPKat ). This requirement requires applicants to either delete subject matter not covered by the claims or to explicitly state that such subject matter is not part of the invention.

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Patently-O

FEBRUARY 10, 2022

Design Patent No. The appeal focuses on whether the design patent should be found invalid based upon Junker’s pre-filing sales. January 1999 : Eddings made a prototype of the product and provided it to Junker, the prototype included all the features found in the design patent. by Dennis Crouch. Larry Junker v. million.

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The IPKat

OCTOBER 2, 2023

We are now awash with companies claiming to provide LLM software capable of drafting, prosecuting and challenging patents. This post will instead focus on the potential short to medium term impact of LLMs on the patent profession. Patent drafts and office actions follow a distinct format and style.

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The IPKat

NOVEMBER 12, 2023

The band had advertised tour dates with a poster featuring a plane in the style of EasyJet's orange, a parody that would have probably constituted infringement. Patents The IPKat was saddened to hear of the passing of Dr Alan White, a patent attorney and a solicitor, and editor of the CIPA Guide to the Patents Acts.

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SpicyIP

FEBRUARY 19, 2024

Last week we published 3 posts on the E&Y’s report on music publishing in India, MHC’s judgement clarifying the jurisdiction of a High Court to hear writ petitions against orders of the Patent Office and the CGPDTM’s open house help desk portal. The Controller of Patents. Anything we are missing out on? Sun Pharma Laboratories Ltd.

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The IPKat

JULY 18, 2021

Patent The breaking news last week was the German Constitutional Court’s decision to reject the constitutional complaint against the Unified Patent Court (UPC). Rose followed with a post on the EBA’s decision concerning double patenting.

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SpicyIP

APRIL 17, 2023

Highlights Of The Week IPO Rejects Janssen’s Secondary Patent Application for the Fumarate Salt form of Bedaquiline Image from here. Calcutta High Court observes that when an application has been rectified in conformity with the recommendation of the Controller, it is fair to assume that such an application will be allowed.

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SpicyIP

APRIL 15, 2024

In this guest post, Prathibha Sivasubramanian and Sreenath Namboodiri discuss the combined effect of these changes on transparency, the public information system in the Indian patent regime, and public health. Other International Developments Illinois District Jury finds that AWS infringed Kove’s data storage patents.

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LexBlog IP

MARCH 30, 2022

In my previous article I presented some data on Australian standard patent application prosecution events between 2017 and 2021. At the same time, however, the 85 th percentile has remained fairly stable, rising from just under 11.5 months in 2019 to slightly over 12 months so far in 2022. Read more »

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SpicyIP

MAY 20, 2024

The Controller on working examples is surely going to interest patent lawyers. Remanding the matter back to the Patent Office, the Court clarified that a working example does not define the patent’s scope. Other Posts Leaving Out the Working Examples? DHC’s recent ruling in Bayer v. Tosh Apartments. Intergrow Brands Pvt.

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Kashishipr

NOVEMBER 3, 2021

Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications. One advertisement of ESCALATOR, for example, began as “Otis elevators, Otis escalators.”

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The TTABlog

AUGUST 30, 2021

Applicant Herman Miller, noting that the spine of the chair is not part of the proposed mark, argued that “the spine is the invention, and the specific seat, back, and legs claimed in the Eames Molded Plywood Chair Design are not essential to the invention." The patent thus is strong evidence that the matter is functional.

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The TTABlog

SEPTEMBER 15, 2023

As to the first factor, there were no pertinent utility patents of record, but there was a design patent owned by the applicant. Citing In re Becton, Dickinson , the Board found the design patent to be some evidence of non-functionality, but not dispositive of the issue. The Board found that.

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SpicyIP

NOVEMBER 7, 2022

Delhi High Court on Non-filing of Written Submission to Delay Patent Application Process. The Controller of Patents where it rebuked the Plaintiff for not filing written submissions in time and thereby delaying the patent application process. Course on Access to Medicines, TRIPS and Patents [Kochi, December 10-14].

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The TTABlog

MARCH 20, 2023

Discovery Sanctions: The Board made certain adverse inferences against Respondent ERB for failure to comply with a Board order compelling interrogatory answers, including inferences that Respondent ERB did not conduct any look-for advertising and did not conduct any survey to show acquired distinctiveness.

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Patent Trademark Blog

APRIL 5, 2022

While it’s not impossible, bumping up a US trademark application can only occur under very limited circumstances. Actually, it is significantly more difficult to expedite a trademark application than a patent application. Need to expedite your trademark application?

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SpicyIP

DECEMBER 30, 2023

We’ve tried to represent a diversity of subject matter also in this list, so it’s a mixed bag of cases dealing with patents, trademarks, copyright law etc. Controller of Patents where the Court emphasised the requirement of the plurality of invention in divisional applications and held that plurality should be disclosed in the claims.

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SpicyIP

NOVEMBER 19, 2023

The issue here pertains to the question of whether a patent office located in one place can transfer a patent application to another office in the absence of any specific provision in the law. Other IP Developments Commerce Minister Piyush Goyal lauds India’s grant of 41, 010 patents in 2023-24 so far.

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Patent Trademark Blog

SEPTEMBER 23, 2021

A utility patent is not a simple thing to understand. In a typical utility patent, you’ll see a bunch of drawings labeled as Figures and paragraphs of text. A patent gives you the right to exclude others from doing your invention. By doing, we mean using, selling, manufacturing and advertising.

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SpicyIP

DECEMBER 17, 2023

From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Highlights of the Week By Whom and How Are Our Patent Examiners Being Recruited? Recently, the MHC clarified its position on this.

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IP Tech Blog

AUGUST 22, 2022

Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. In China, a GUI alone cannot be registered as a design patent. Overview of current legislation in China.

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Patently-O

APRIL 15, 2024

The appellate panel also vacated and remanded the district court’s finding that LNC failed to prove the asserted patent is unenforceable due to inequitable conduct during prosecution, as well as its grant of summary judgment one of the asserted patents was invalid as obvious. 4-12-2024_2300689. ” See TransWeb, LLC v.

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SpicyIP

MAY 28, 2023

Image from here Who is the relevant “viewer” of a comparative advertisement? Calcutta High Court sets aside the rejection order by the Patent Office u/s 3(h) since the same does not explain how the subject application falls under “agriculture.” vs The Controller of Patents and Designs & Anr. Google ordered to pay 32.5

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SpicyIP

JANUARY 30, 2023

Contrary to the opinion of the Single judge, the court held that the Plaintiff’s mark has acquired distinctiveness keeping in mind the sales figures and expenses incurred in advertisements. Delhi High court adopts a broader interpretation to Section 59 of the Patents Act. Nokia signs 5G patent agreement with Samsung.

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LexBlog IP

JULY 21, 2021

It outlines trends, data and legal rights pertaining to patents, trade marks, designs, plant breeder rights ( PBR ) and copyright. Interestingly, despite innovation generally being on the rise, 2020 saw a very slight decrease (-2%) in the number of patents filed in Australia. Standard Patent Applications and Grants.

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SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. The Patent Act: Catch 22 Does the Patent Act prevail over the Competition Act?

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