Patently-O

AUGUST 22, 2021

Stephen Nellis: Jury Awards Optis $300 Million in Second Patent Trial Against Apple (Source: Reuters). Susan Decker: One Man’s Quest to Get an AI Machine a Patent Gathers Momentum (Source: Bloomberg). Commentary and Journal Articles: Atty. New Job Postings on Patently-O: AstraZeneca. Source: Ryan Abbott.

Intellectual Property 113

Intellectual Property Patent Patent Prosecution Journalism 113

Patently-O

NOVEMBER 7, 2021

Ali Jones: Sony’s New Patent Could Bring Real-Time Image Upscaling to PS5 and PSVR PS5 (Source: Games Radar). Commentary and Journal Articles: Prof. Glenn Cohen: Patents on Psychedelics: The Next Legal Battlefront of Drug Development (Source: SSRN). Klarquist – Computer Science Patent Attorney/Agent. Source: WIPO.

Patent Prosecution 67

Patent Prosecution Patent Journalism Intellectual Property 67

Patently-O

JULY 23, 2022

Richard Lawler: Supreme Court Rejects Apple’s Bid To Continue Fighting Over Two Qualcomm Patents (Source: The Verge). David Phelan: Apple To Transform Apple Pencil 3 In Huge Upgrade, Patent Reveals (Source: Forbes). Commentary and Journal Articles: Prof. Klarquist Sparkman, LLP – Litigation/IPR Associate. Unified Patents.

Intellectual Property 62

Intellectual Property Patent Patent Prosecution Patent Drafting 62

Patently-O

NOVEMBER 16, 2023

by Dennis Crouch I have really enjoyed reading the new article by Professors Rantanen and Datzov providing empirical evidence that eligibility outcomes are now quite predictable. When the Supreme Court decided Bilski back in 2010, I was quite concerned about predictability and co-authored a BTLJ article with Prof.

Patent Prosecution 48

Patent Prosecution Patent Application Law Patent 48

Patently-O

FEBRUARY 6, 2022

Jon Cohen: New CRISPR Patent Hearing Continues High-Stakes Legal Battle (Source: Science). Matthew Bultman: Draft Standard-Patent Policy Draws Former Officials’ Opposition (Source: Bloomberg Law). Commentary and Journal Articles: Atty. Klarquist Sparkman, LLP – Chemistry Patent Attorney/Agent. Sheridan Ross P.C.

Patent 51

Patent Patent Prosecution Journalism Intellectual Property 51

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. Whether in speeches, conferences, or articles, no subject engendered more IP conversation. If there was a rock-star matter in the patent world, it was the debate over trolls. Start with the sheer volume of patent applications. Focusing on the U.S.,

Patent Troll 122

Patent Troll Patent Litigation Inventor 122

IP Watchdog

NOVEMBER 1, 2023

Specifically, the CAFC said the district court erred by relying heavily on the patent prosecution history statements for a related patent that had been cited in the information disclosure statement (IDS) during supplemental examination of one of the patents-in-suit to inform its construction of the term in question.

Patent Prosecution 57

Patent Prosecution Patent Patent Infringement Litigation 57

IP Watchdog

OCTOBER 11, 2021

Although the “stump” art tool cited as prior art in Surgisil resembled Applicant’s lip implant (see below), the Federal Circuit found that Applicant’s “claim is limited to lip implants and does not cover other articles of manufacture.”

Patent Application 70

Patent Application Patent Prosecution Art Patent 70

IP Watchdog

SEPTEMBER 7, 2022

In a June 20, 2022, article on IPWatchdog, I addressed a portion of the June 8, 2022, letter from Senators Leahy, Blumenthal, Klobuchar, Cornyn, Collins and Braun to U.S. As of the date of this article, the USPTO has not issued the notice.

Patent 73

Patent Litigation Trademark Patent Prosecution 73

IP Watchdog

SEPTEMBER 2, 2021

for infringement of the ‘197 patent under the Hatch-Waxman Act, but the district court found that the Belcher Chief Science Officer withheld material information from the U.S. Patent and Trademark Office (USPTO) during patent prosecution, and the CAFC affirmed. Belcher brought the suit against Hospira, Inc.

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Patent Prosecution Patent Trademark Patent Infringement 134

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.

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Intellectual Property Journalism Intellectual Property Law Litigation 52

IPilogue

JANUARY 14, 2022

This article features contributions from Ryan Wong (IP Osgoode & IP Innovation Clinic Alumnus), Sabrina Macklai (IPilogue Senior Editor), Tianchu Gao (IPilogue Writer), and Ashley Moniz (IPilogue Managing Editor). This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

IP Watchdog

JUNE 20, 2023

For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion.

Cease and Desist 126

Cease and Desist Inventor Patent Litigation 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. This article does not create a solicitor-client relationship between you and MBM Intellectual Property Law LLP. TA Foods Ltd.

Patent Prosecution 52

Patent Prosecution Intellectual Property Intellectual Property Law Patent 52

IP Watchdog

JANUARY 15, 2023

Udupa, whose appointment was announced in December, comes to the USPTO after serving the last seven years as the head of litigation for Hewlett Packard Enterprise, where she was responsible for heading HPE’s intellectual property litigation and formulating case strategies.

Intellectual Property 113

Intellectual Property Patent Litigation Trademark 113

IP Watchdog

MAY 17, 2022

Supreme Court asking the Justices to weigh in on his challenge of a policy he alleges the USPTO implemented in the 1990s to categorically deny him issuance of any additional patents. Hyatt has been embroiled in litigation with the USPTO for decades and won a previous Supreme Court appeal in 2012. .

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Inventor Litigation Trademark Patent 113

SpicyIP

APRIL 7, 2024

To briefly point to much discussed worrisome provisions in the Annex of the Intellectual Property chapter: Article 11.7 Article 12, along with the recent amendments to the Patent Rules, restrict the obligation to disclose the “working” statement., Article 13.2 Similar language is incorporated in Article 13.3

Patent 72

Patent Patent Application Intellectual Property Law 72

IP Watchdog

SEPTEMBER 9, 2022

Inventor Gilbert Hyatt, who has been embroiled in litigation with the United States Patent and Trademark Office (USPTO) for decades, lost his latest case at the U.S. Court of Appeals for the Federal Circuit (CAFC) when the court ruled today that an examiner’s restriction requirement was permitted under 37 C.F.R. 1.129 (“Rule 129”).

Patent Application 67

Patent Application Inventor Litigation Patent 67

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Read the full article on I ntellectual Property Magazine. With these technical advances comes an increase in legal activity, including intellectual property (IP) filings and litigation. Patent prosecution, portfolio, and strategic patenting considerations. Enforcement and litigation considerations.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution IP 52

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. Patent Litigation. The landscape surrounding cannabis patent litigation is uncertain at best.

IP 52

IP Registration Trademark Branding 52

IP Watchdog

JANUARY 9, 2023

Court of Appeals for the Federal Circuit (CAFC) in a precedential decision today vacated a Patent Trial and Appeal Board (PTAB) finding that certain claims of Google, LLC’s U.S. Patent Application No. 14/628,093 were obvious. The CAFC opinion, authored by Chief Judge Moore, said the U.S.

Patent Application 125

Patent Application Patent Art Trademark 125

IP Watchdog

AUGUST 5, 2022

Vidal that an artificial intelligence (AI) machine does not qualify as an inventor under the Patent Act. Court of Appeals for the Federal Circuit (CAFC) ruled today in Thaler v. The decision is the latest in a series of rulings around the world considering the topic, most of which have found similarly. Judge Stark authored the opinion.

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Inventor Patent Patent Prosecution Technology 134

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 109

Patent Application Patent Trademark Patent Prosecution 109

IP Watchdog

JULY 27, 2023

1983 by patent examiners and officials at the U.S. Patent and Trademark Office (USPTO). On July 25, the U.S. Court of Federal Claims (CFC) issued a ruling in Pulnikova v. dismissing monetary damages claims for alleged violations of 42 U.S.C.

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Trademark Patent Patent Prosecution Inventor 98

IP Watchdog

AUGUST 11, 2022

s patent directed to a device for treating a uterus. Court of Appeals for the Federal Circuit (CAFC) today, in a precedential decision, revisited its 2020 holding that the doctrine of assignor estoppel bars Minerva Surgical, Inc. from challenging the validity of Hologic Inc.’s The decision comes on remand from the U.S.

Patent 113

Patent Patent Prosecution Litigation Intellectual Property 113

IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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Inventor Patent Application Invention Patent 128

Patently-O

MARCH 13, 2022

Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily). Josh Norem: Apple Patent Application Envisions a Mac Inside a Keyboard (Source: Extreme Tech). Commentary and Journal Articles: Prof. Mechanical Engineering Patent Attorney or Agent. Source: USPTO.

Patent Prosecution 67

Patent Prosecution Intellectual Property Patent Journalism 67

IP Watchdog

NOVEMBER 14, 2023

The United States Patent and Trademark Office (USPTO) issued its one millionth design patent on September 26, 2023. This milestone comes during a particularly prolific period for design patents. In 2022 alone, the USPTO received more than 50,000 design patent applications.

Design Patent 57

Design Patent Designs Design Patent 57

IP Watchdog

AUGUST 27, 2021

Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the United States District Court for the District of Delaware, holding Google LLC did not infringe patents held by Data Engine Technologies LLC (DET). Patent Nos. 5,590,259; 5,784,545; and 6,282,551 (the Tab Patents). On August 26, the U.S.

Art 134

Art Patent Technology Patent Prosecution 134

IP Watchdog

NOVEMBER 30, 2021

Court of Appeals for the Federal Circuit (CAFC) earlier today affirmed a district court ruling that Biogen International’s patent for a method of treating multiple sclerosis (MS) was invalid for lack of written description.

Patent 113

Patent Patent Prosecution Patent Infringement Litigation 113

IP Watchdog

SEPTEMBER 1, 2023

Court of Appeals for the Federal Circuit (CAFC) decision holding an inventor’s contribution to a patent for methods of pre-cooking bacon and meat pieces did not satisfy the joint inventorship test because the contribution was “insignificant in quality.” recently filed a petition for writ of certiorari with the U.S.

Patent 67

Patent Patent Prosecution Inventor Litigation 67

IP Watchdog

JANUARY 20, 2023

Court of Appeals for the Federal Circuit (CAFC) ruled today in a split precedential decision authored by Judge Reyna that a district court properly found Personalized Media Communications’ (PMC) patent unenforceable due to prosecution laches.

Patent 78

Patent Patent Prosecution Patent Infringement Litigation 78

IP Watchdog

OCTOBER 11, 2023

In denying the appeal, SCOTUS leaves in place a divided Federal Circuit ruling that improperly expanded prosecution laches doctrine according to Personalized Media (PMC). On October 10, the U.S. Supreme Court issued an order list showing it had denied the petition for writ of certiorari filed in Personalized Media Communication, LLC v.

Patent Infringement 52

Patent Infringement Patent Patent Prosecution Litigation 52

IP Watchdog

SEPTEMBER 22, 2021

The England and Wales Court of Appeal has upheld lower rulings that two patent applications designating an artificial intelligence called DABUS as the inventor were deemed to be withdrawn. Thaler v Comptroller General of Patents Trade Marks And Designs [2021] EWCA Civ 1374.)

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Inventor Patent Application Designs Design 97

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. The appeal was brought by LG Electronics, Inc, against ImmerVision, Inc.

Art 67

Art Patent Patent Prosecution Litigation 67

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52

IP Watchdog

JUNE 12, 2023

Prioritized examination, known sometimes as “Track One,” has been in place at the United States Patent and Trademark Office (USPTO) for the past 12 years. The program, launched in September 2011 provides applicants with greater control over how quickly a patent application will be examined and offers a fast-track to an issued U.S.

Patent Application 52

Patent Application Patent Trademark Patent Prosecution 52