IPilogue

DECEMBER 20, 2022

Anita Gogia is a IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. In Rovi Guides Inc v Videotron Ltd , the Federal Court of Canada invalided patents for interactive program guide (“IPG”) technology and clarified a reasonable royalty as the appropriate remedy had the patents been found valid and infringed.

Litigation 119

Litigation Invention Inventor Licensing 119

The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article.

Design Patent 52

Design Patent Designs Design Patent 52

IP Tech Blog

FEBRUARY 10, 2022

. In June 2021 the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever provisions on administrative injunctions against the infringement of a design patents, including online infringements. It was a revolutionary provision. We will keep monitoring and reporting.

Designs 62

Designs Design Intellectual Property Design Patent 62

Indiana Intellectual Property Law

MARCH 8, 2023

for patent infringement. One of its most successful products is the “Pocket Hose,” an expandable garden hose that is designed to be lightweight, durable, and easy to use. According to the complaint, Vieneci Garden’s hoses are virtually identical to Telebrands’ Pocket hose in terms of the design, functionality, and performance.

Patent Infringement 40

Patent Infringement Patent Television Designs 40

Patent Trademark Blog

FEBRUARY 9, 2022

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

Patent Application 52

Patent Application Litigation Patent Prosecution Patent 52

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund (No.

Patent Law 74

Patent Law Law Patent Art 74

Patently-O

DECEMBER 28, 2022

The company also owns a design patent covering the product. The action would allege both (1) Federal Patent Infringement; and (2) Unfair Competition (based upon Texas state law). In 2021, three different competitors started selling similar products. Federal Court. Should the court certify the class?

Editing 71

Editing Law Intellectual Property Branding 71

LexBlog IP

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

Litigation 52

Litigation Patent Intellectual Property Branding 52

Patently-O

FEBRUARY 24, 2022

20-891 (CVSG requested May 3, 2021); Res Judicata and the Patent-Specific Kessler Doctrine : PersonalWeb Technologies, LLC v. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue.

Patent Law 95

Patent Law Law Patent Litigation 95

Patently-O

DECEMBER 30, 2021

Olaf Sööt Design’s pending petition for certiorari centers on the age-old division between issues-of-fact and issues-of-law. Constitution generally requires due process, and particularly protects litigants’ rights to a jury trial in common law cases. Patent Law at the Supreme Court December 2021.

Law 57

Law Patent Patent Law Litigation 57

Indiana Intellectual Property Law

OCTOBER 20, 2023

for alleged patent infringement of its fitness products in Bell’s sporting goods stores, including their Indianapolis, Indiana, Bells of Steel USA Showroom. According to the complaint, Rogue Fitness owns several design and utility patents for fitness equipment, including Patent No. Continue reading

Patent Infringement 52

Patent Infringement Patent Advertising Advertising 52

IP Tech Blog

AUGUST 31, 2023

The amendments are designed to require that parties address and agree on discovery issues regarding privilege and work product protections at the Rule 26(f) Conference. Absent Congressional action, the amendment becomes law. Congress then enacts, rejects, modifies, or defers the amendment.

Patent Infringement 62

Patent Infringement Litigation Trademark Designs 62

Indiana Intellectual Property Law

AUGUST 25, 2021

Johnson claims it owns multiple utility and design patents including those at issue in this case, U.S. Patent Nos. 11,022,332 , 10,684,029 , 10,528,013 , 8,826,165 , 8,190,728 , D788,785 , D924,888 , D924,890 (collectively, “Asserted Patents”). The case was assigned to Judge Damon R. Gotsch, Sr. 3:21-cv-00501-DRL-MGG.

Patent Infringement 52

Patent Infringement Patent Design Patent Technology 52

LexBlog IP

MARCH 6, 2023

Cannabis remains federally illegal and thus, attempts to enforce patents against competitors in federal court were doomed to fail under the illegality doctrine. The illegality doctrine, as it sounds, is the premise that a plaintiff can’t use a court of law to safeguard illegal activity. 23, 2022). [1] Lifted Ltd., and Lifted Ltd.,

Litigation 52

Litigation Patent Design Patent Patent Application 52

Patently-O

OCTOBER 30, 2022

By Sarah Burstein, Professor of Law at Suffolk University Law School. These appear to be the first—and certainly the first precedential—Federal Circuit cases dealing with the merits of one of the numerous “Schedule A” design patent cases that have been filed in recent years in the NDIL. 21-2150 (Fed. 2022); ABC Corp.

Design Patent 98

Design Patent Designs Design Art 98

Indiana Intellectual Property Law

AUGUST 13, 2021

Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136 , and D/341,471 (collectively, the “Patents in Suit”). due to settlement and a Patent Trial and Appeal Board decision regarding the ‘471 Patent. 35 U.S.C. §

Patent Infringement 52

Patent Infringement Design Patent Patent Designs 52

IP Tech Blog

JUNE 6, 2021

A recent order from a patent infringement lawsuit in the Northern District of Illinois serves as a good reminder that factual information about attempts to design around a patent are generally discoverable. Background – The Discovery Dispute and Design Around Attempts. BGI Genomics Co. , LEXIS 224965 (N.D.

Designs 52

Designs Design Patent Patent Infringement 52

The IP Law Blog

APRIL 27, 2023

Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue.

Patent 98

Patent Litigation Patent Infringement Invention 98

LexBlog IP

AUGUST 31, 2023

The amendments are designed to require that parties address and agree on discovery issues regarding privilege and work product protections at the Rule 26(f) Conference. Absent Congressional action, the amendment becomes law. Congress then enacts, rejects, modifies, or defers the amendment.

Patent Infringement 52

Patent Infringement Litigation Designs Design 52

Patently-O

MARCH 18, 2024

Specifically, the judge determined that the port boss slippage problem precluded the original prototype from being viable, and Mackay and Hewson’s design input, like the starburst grooves, helped solve that critical issue. Campbell’s original prototype suffered from problems with the port boss slipping against the liner.

Patent 58

Patent Inventor Patent Infringement Designs 58

Patently-O

MARCH 13, 2022

Recent Headlines in the IP World: Blake Brittain: Patent Judge Leaves U.S. Tribunal for Law Firm Arnold & Porter (Source: Reuters). Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Sherkow: Preprint Servers and Patent Prior Art (Source: SSRN).

Patent Prosecution 68

Patent Prosecution Intellectual Property Patent Journalism 68

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Ridge Wallet LLC , — F.4th 4th — (Fed.

Art 124

Art Branding Brands Branding 124

Technology & Marketing Law Blog

OCTOBER 28, 2023

The manufacturer patented the drug but keeps the “data, specifications, and methods for manufacturing the drug confidential.” ” A generic manufacturer sought FDA approval, and the Yondelis manufacturer sued them for patent infringement. The parties are already in litigation.

Litigation 80

Litigation Blogging Confidentiality Patent 80

The IP Law Blog

MAY 7, 2021

285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.” . As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.”

Litigation 94

Litigation Patent Infringement Patent Government 94

SpicyIP

JANUARY 23, 2023

Other Posts COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna.

Designs 105

Designs Design Invention Registration 105

Patently-O

SEPTEMBER 26, 2023

The defendant, Nature’s Way, then moved to file its claim construction brief under seal because it referred to documents designated “confidential” by the plaintiff, Woodstream. Applying Ohio trade secrecy law, the court found the email did not actually contain trade secrets. But the court disagreed.

Confidentiality 113

Confidentiality Patent Business Patent Infringement 113

Patently-O

AUGUST 1, 2023

by Dennis Crouch The law of appellate jurisdiction routes almost every patent appeal to the Court of Appeals for the Federal Circuit. This result is by design to ensure more national uniformity in application of the U.S. patent laws. SAP responded with denials and also added patent infringement counterclaims.

Patent 52

Patent Patent Infringement Patent Law Litigation 52

Patently-O

JANUARY 23, 2024

By Sarah Burstein, Professor of Law at Suffolk University Law School Jiangsu Huari Webbing Leather Co., The Schedule A litigation phenomenon continues apace in the Northern District of Illinois, a court that has become, in the words of Judge Seeger, “ an assembly line for TROs.” Joes Identified in Schedule A, No.

Litigation 85

Litigation Settlement Patent IP 85

Kashishipr

MAY 5, 2021

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ ’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition.

Patent Troll 98

Patent Troll Patent Inventor Intellectual Property 98

43(B)log

OCTOBER 29, 2021

Does false designation of origin require injury as an element of the cause of action? Prior case law establishes that “a debtor’s decision to act in violation of a law despite knowing the legal way to conduct business satisfied the malice prong.” Was this issue actually litigated, though? “[A]

False Advertising 72

False Advertising Advertising Advertising Litigation 72

Patently-O

AUGUST 25, 2021

The litigation has substantial parallels to Google v. SAS sued in E.D.Tex for both copyright infringement and patent infringement. copyright law.” Separately, SAS also previously litigated this copyright case in North Carolina federal court. by Dennis Crouch. World Programming Limited , Docket No.

Copyright 126

Copyright Copyright Infringement Copying Fair Use 126

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. In addition, five attorneys served as judicial law clerks or interns. From 2019 to 2020, Ashley served as a judicial law clerk to the Honorable Kimberly A.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Research and development in the battery industry have led to a notable increase in patent filings at the U.S.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Newly promoted principals for 2022 are: Michael Ballanco focuses his practice on all aspects of patent infringement matters at the trial and appellate level. magna cum laude , from George Mason University School of Law in 2014 and his B.S., from Santa Clara University School of Law in 2013, his Ph.D. He received his J.D.,

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

Patently-O

JULY 8, 2022

David Tropp sued Travel Sentry for patent infringement back in 2006. That was the same year that I first taught a patent law class. Back then, eligibility was almost an unknown concept in patent litigation. The rule of thumb was “anything under the sun, made by man,” and I mean ANYTHING.

Inventor 74

Inventor Marketing Marketing Patent 74

SpicyIP

JANUARY 16, 2023

Discussing the proposed amendments to the IP laws under the Jan Vishwas (Amendment of Provisions) Bill, 2022, Aparajita highlights the bits where the amendment falters. 10th Mahamana Malviya National Moot Court Competition by Law School, Banaras Hindu University [Varanasi, March 24-26, 2023]. Please let us know so we can include them!

Trademark 102

Trademark Designs Design Registration 102

Patently-O

AUGUST 19, 2022

In order to facilitate resolution of brand-generic patent conflict, the Patent Laws include a form of paper infringement–a legal fiction that simply filing an ANDA and Paragraph IV certification counts as a form of patent infringement. ” In re Brimonidine Patent Litig.,

Branding 87

Branding Brands Branding Marketing 87