Patently-O

AUGUST 22, 2021

and International Patents for the Treatment Of Alcohol and Opioid Use Disorders Using AD04 (Source: Yahoo Finance). Daisuke Wakabayashi: Google Infringed on Patents Owned by Sonos, a Trade Judge Says (Source: The New York Times). Stephen Nellis: Jury Awards Optis $300 Million in Second Patent Trial Against Apple (Source: Reuters).

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Intellectual Property Patent Patent Prosecution Journalism 115

Patently-O

MARCH 13, 2022

Recent Headlines in the IP World: Blake Brittain: Patent Judge Leaves U.S. Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily). Source: USPTO.

Patent Prosecution 68

Patent Prosecution Intellectual Property Patent Journalism 68

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

With the spike in economic growth in the battery and electric vehicle (EV) industries, the IP world is seeing a commensurate spike in battery patenting activity. Read the full article on I ntellectual Property Magazine. Patent prosecution, portfolio, and strategic patenting considerations. PDF copy available.

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Intellectual Property Litigation Patent Prosecution IP 52

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. Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

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Patent Troll Patent Litigation Inventor 122

Patently-O

NOVEMBER 7, 2021

Recent Headlines in the IP World: Blake Brittain: Senators Slam Albright Over ‘Extreme Concentration’ of Patent Cases (Source: Reuters). Smart & Biggar: Supreme Court of Canada Denies Leave Regarding Lisdexamfetamine Patent Decision (Source: JD Supra). Commentary and Journal Articles: Prof. Source: WIPO.

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Patent Prosecution Patent Journalism Intellectual Property 68

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. New Job Postings on Patently-O: Neustel Law Offices, LTD.

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Intellectual Property Patent Patent Prosecution Patent Drafting 63

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.

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Cease and Desist Inventor Patent Litigation 128

Patently-O

FEBRUARY 6, 2022

Recent Headlines in the IP World: Kate O’Flaherty: Apple Patent Hints At Ground-Breaking New AirPods Feature (Source: Forbes). Ben Lovejoy: Ericsson Trying to Ban Reselling in Brazil; Apple Tries to Invalidate Ericsson Patents (Source: 9to5 Mac). Billion Caltech Patent Case (Source: Reuters). Crowell & Moring LLP.

Patent 52

Patent Patent Prosecution Journalism Intellectual Property 52

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.

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Patent Litigation Trademark Patent Prosecution 75

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. She has been working in the field of access to medicines, patents and IP for more than a decade.

Patent 72

Patent Patent Application Intellectual Property Law 72

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.

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Patent Application Patent Prosecution Art Patent 72

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 59

Patent Prosecution Patent Patent Infringement Litigation 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Figure 1: Battery Patent Filings: CPC Class H01M 1.

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Intellectual Property Technology Journalism IP 52

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 49

Patent Prosecution Patent Application Law Patent 49

IP Watchdog

JANUARY 15, 2023

Patent and Trademark Office’s (USPTO’s) new Commissioner for Patents, Vaishali Udupa. She replaces Acting Commissioner for Patents Andrew Faile, who served in that role since January 2021 and who will be retiring from the agency after 33 years upon Udupa’s installation as commissioner.

Intellectual Property 115

Intellectual Property Patent Litigation Trademark 115

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. 9,283,197 unenforceable.

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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

MAY 17, 2022

Gilbert Hyatt, an inventor who has been granted more than 70 patents and has filed more than 400 applications with the U.S. Patent and Trademark Office (USPTO), has petitioned the U.S. 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 115

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 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. However, whether the prosecution history of a foreign application can ever be considered pursuant to section 53.1 TA Foods Ltd.

Patent Prosecution 52

Patent Prosecution Intellectual Property Intellectual Property Law Patent 52

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.

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Design Patent Designs Design Patent 59

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 116

Patent Patent Prosecution Patent Infringement Litigation 116

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. Patent Application No. Patent Application No. patent term to 20 years from the effective filing date, took effect on June 8, 1995.

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Patent Application Inventor Litigation Patent 69

IP Watchdog

JULY 18, 2022

District Court for the District of Delaware, which had granted judgment of non-infringement for Ford Motor Company on three patents owned by Ethanol Boosting Systems, LLC and the Massachusetts Institute of Technology (EBS). The CAFC, with Chief Judge Moore writing, said the district court’s ruling was based on an erroneous claim construction.

Patent 64

Patent Invention Law Technology 64

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.

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Patent Application Patent Trademark Patent Prosecution 111

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. Hons) student at Hidayatullah National Law University, Raipur.

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IP Trademark Advertising Advertising 59

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 130

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 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). 259 patent col.

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Art Patent Technology Patent Prosecution 134

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 116

Patent Patent Prosecution Litigation Intellectual Property 116

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

Selvam & Selvam Blog

MAY 26, 2021

The doctrine of prosecution history estoppel is popularly associated with patent litigation. Although not as apparent as in patent prosecution, prosecution history estoppel does apply to trademarks as well, predominantly in the case of relative grounds of refusal.

Trademark 52

Trademark Business Reporting Intellectual Property 52

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143

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. 8,191,091. Hirshfeld.

Patent 80

Patent Patent Prosecution Patent Infringement Litigation 80

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

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.

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Patent Patent Prosecution Inventor Litigation 69