IP Law 360

OCTOBER 13, 2021

Daikin, holding that the Patent Trial and Appeal Board disregarded prior art teachings in deciding that claims were obvious, reveals how the teaching-away and commercial-success doctrines provide strong arguments to overcome obviousness during patent prosecution or litigation, say attorneys at BCLP.

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Patent Prosecution Patent Art Litigation 40

IP Watchdog

OCTOBER 11, 2021

Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant. In re Surgisil, L.L.P., 2020-1940, 2021 WL 4515275 (Fed.

Patent Application 72

Patent Application Patent Prosecution Art Patent 72

SpicyIP

APRIL 3, 2024

Over the course of the last 2 years, we have seen High Courts remand numerous orders (read: reject) to the Indian Patent Office for reconsideration. Controller of Patents is the latest addition in this list of remands on the above grounds. The authors would like to acknowledge an anonymous reader for sharing this development with us.

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Patent Art Invention Patent Prosecution 45

Patently-O

FEBRUARY 10, 2023

In particular, the Cooley LLP prosecuting attorney admitted to copying material from prior art into both the Abstract and the Detailed Description of the patent specification; but did not cite the reference within the patent document or disclose that reference to the USPTO for consideration.

Copying 93

Copying Patent Prosecution Invention Art 93

LexBlog IP

NOVEMBER 17, 2022

Yet, many Patent Owners still continue to shoot themselves in the foot when it comes to litigating at the PTAB. First, Patent Owners (NPE’s especially) increasingly rely on litigation trial counsel for PTAB representation. Non-analogous art is another such argument, although less common than teaching away.

Patent 52

Patent Patent Prosecution Art Litigation 52

Patently-O

JANUARY 23, 2024

The patentee here argues that the courts should not find any solutions solutions obvious unless those solutions were themselves reasonably predictable from the prior art. 664 (1931) (not obvious unless results would have been “immediately recognized” by one skilled in the art). Dow Chemical Co. Halliburton Oil Well Cementing Co. ,

Art 80

Art Invention Patent Prosecution Patent 80

Patently-O

MAY 8, 2023

The original infringement lawsuit was filed in 2018, with UCANN suing Pure Hemp for infringing US Patent No. During the litigation, UCANN filed for bankruptcy, causing the case to be stayed, and eventually, the parties stipulated to a dismissal of the infringement claims with prejudice. Pure Hemp Collective patent case.

Litigation 68

Litigation Patent Prosecution Art Plagiarism 68

Patently-O

AUGUST 27, 2023

The case sets significant precedent in linking FCA claims to patent prosecution and fraud upon the patent office. However, the FCA also contains a “public disclosure bar” to prevent opportunistic litigation by relators who do not contribute any original information. Allergan, Inc. , 21-15420, — F.4th

Patent 52

Patent Patent Prosecution Government Litigation 52

Patently-O

MAY 15, 2024

This wave of RFCs includes significant proposals aimed at adjusting patent fees for fiscal year 2025, refining terminal disclaimer practices, and addressing the impact of artificial intelligence on prior art and patentability. Impact of the Proliferation of Artificial Intelligence on Prior Art and Patentability (Docket No.

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Art Intellectual Property Designs Design 45

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Courts.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

More Than Your Mark

AUGUST 13, 2021

Each is required to have all the claims protect something new and non-obvious over the prior art. Each undergoes examination by a patent examiner in the U.S. Patent Office. Utility patent examination in the U.S. Protecting Your Products.

Designs 52

Designs Design Design Patent Patent 52

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

Information subject to the duty includes: Prior art. Incorrect or inconsistent positions taken or submitted by the patent owner or its licensee during FDA regulatory review or other governmental proceedings. FDA submissions or disclosures to patent owners during regulatory review. Medical devices and drug/device combinations.

Patent Prosecution 76

Patent Prosecution Due Diligence Reporting Inventor 76

SpicyIP

APRIL 10, 2024

Interested readers can read more on the Ceritinib patent litigation here.) Madras High Court Revokes Omega Ecotech’s Patent The Madras High Court on March 28, 2024 revoked Omega Ecotech’s Patent on a multistage bio composting kit and method of composting.

Patent 45

Patent Cease and Desist Invention Art 45

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Drug and the patent. The Litigation. Background . See here and here ).

Patent 105

Patent Art Patent Prosecution Litigation 105

IP Watchdog

JULY 11, 2022

Court of Appeals for the Federal Circuit (CAFC) earlier today held in a precedential decision that a typographical error in a prior art document would have been dismissed by a person of ordinary skill in the art (POSITA) and thus could not be used to prove obviousness. and related to claims of U.S.

Art 69

Art Patent Patent Prosecution Litigation 69

IP Watchdog

AUGUST 27, 2021

The Tab Patents are directed to systems and methods for displaying and navigating three-dimensional electronic spreadsheets by use of user customizable “notebook tabs” on a spreadsheet interface. 259 patent col.

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Art Patent Technology Patent Prosecution 134

SpicyIP

JULY 13, 2023

Image from here Issues related to patent quality are pressing and worrying, even a standard measure of monitoring patent quality has been difficult. Of late, even in the EU, there has been an increased focus on the quality of patents in response to the rise of business models centered around patent litigation.

Patent Application 95

Patent Application Invention Designs Design 95

IP Watchdog

JANUARY 9, 2023

Google’s patent application has to do with methods for filtering the results of an internet search query such that only age-appropriate results for a user are displayed.

Patent Application 126

Patent Application Patent Art Trademark 126

Canadian Intellectual Property Blog

FEBRUARY 16, 2021

of the Patent Act has brought about a significant shift in the Canadian approach to file wrapper estoppel by enabling the introduction of a patent’s prosecution history during claim construction. TA Foods Ltd. 2021 FCA 7 Section 53.1

Patent Prosecution 52

Patent Prosecution Intellectual Property Intellectual Property Law Patent 52

LexBlog IP

MARCH 1, 2022

Early-stage companies have less risk of patent damages for infringement if they ‘did not know’ of the patent infringement. It will be assumed that the supplier of the components has sufficient patent rights to supply the components, or is under an indemnity agreement (i.e., That’s not enough, however.

Intellectual Property 52

Intellectual Property Art Technology Patent Infringement 52

43(B)log

NOVEMBER 19, 2021

Once approved by the FDA, Libervant will be the only treatment option usable by and delivering a consistent, predictable dose to virtually all patients to whom it’s prescribed.’ ” Analysis: malicious prosecution inherently arises from an underlying lawsuit, thus implicating petitioning activity. Superior Court (2000) 78 Cal.App.4th

Designs 56

Designs Design Patent Prosecution Art 56

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

Patent Prosecution. Patent protection is generally available for cannabis and cannabis-related innovations on the same basis as any other innovation, presenting relatively few obstacles for applicants. A patent applicant’s planned use of the claimed invention thus has no bearing on its patentability.

IP 52

IP Registration Trademark Branding 52

SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. 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. Sidhi is a final year B.A.

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IP Trademark Advertising Advertising 59