More Than Your Mark

AUGUST 13, 2021

Patents can protect how things look as well as how they work. If you want to protect how something works, you need a Utility Patent. If you want to protect how something looks, you need a Design Patent. Design and Utility Patents. Utility patent examination in the U.S. Form versus Function.

Designs 52

Designs Design Design Patent Patent 52

The IPKat

APRIL 22, 2024

Accredited European Patent Litigation Certificate Course Trier & Online tutorial - Course start: 25 September 2024; Course end: 16 May 2025 ERA will offer a high-standard course giving patent attorneys the best tools to understand the legal framework and procedural rules necessary to litigate before the UPC.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property IP Litigation 62

More Than Your Mark

AUGUST 20, 2021

At its core, 3-D printing uses computer code in a computer-aided design (CAD) file to instruct specially designed printers to print three-dimensional physical objects one layer at a time. The functionalities and any new and unobvious structures created by 3-D printing technologies may be the subject of a utility or a design patent.

Intellectual Property 98

Intellectual Property Designs Design Invention 98

Patently-O

JANUARY 20, 2023

Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

Patent Law 94

Patent Law Law Inventor Patent 94

Patently-O

SEPTEMBER 6, 2022

government since 1863 (the “Lincoln Law”) and is designed as a mechanism for catching (and thus deterring) fraud against the Federal Government. The law incentivizes whistleblowing — non-governmental folks (known as “qui tam relators”) can file the action on behalf of the U.S.

Patent Law 60

Patent Law Law Patent Prosecution Patent 60

Patently-O

OCTOBER 27, 2021

Olaf Sööt Design, LLC v. A few non-patent IP cases pending before the Supreme Court of some interest: Unicolors, Inc. 20-915 (referral of copyright litigation issues to copyright office) (this is the only one granted certiorari, oral arguments set for November 8, 2021); Ezaki Glico Kabushiki Kaisha v. Sasso , No.

Patent Law 78

Patent Law Law Patent Settlement 78

LexBlog IP

JULY 31, 2023

Recently, Yuri Eliezer was invited to share his insights on the Conscious Design Podcast , hosted by Ian Peterman. This podcast brings together thought leaders from various fields to discuss the future of design and its impact on our world. AI language models can master these concepts and improve the efficiency of legal practice.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

Patently-O

JANUARY 17, 2022

The Deepsouth case was about patented equipment for deveining shrimp in order to render them “more pleasing to the fastidious as well as more palatable.” Deepsouth litigated its case to the Supreme Court, and the Court eventually allowed the company to escape some portion of its adjudged liability based upon the territorial limits of U.S.

Patent 120

Patent Invention Litigation Patent Law 120

The IPKat

FEBRUARY 24, 2022

This annual conference will update patent litigators and attorneys on the ongoing European and EU initiatives in the field of patent law.

Intellectual Property Law 57

Intellectual Property Law Intellectual Property IP Patent Law 57

The IPKat

JUNE 9, 2023

It was dedicated to the best and worst copyright and design cases of the past 20 years. The US litigation in Blurred Lines is the worst copyright case of the past years in her view. After the opening part and the keynote speech, which Eleonora has covered here , our celebratory event continued with the first panel.

Reporting 70

Reporting Music Designs Design 70

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). Summary Judgment : Mosaic lacked product design trade dress rights.

Art 123

Art Branding Brands Branding 123

IP Tech Blog

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

Law 62

Law Designs Design Trademark 62

The IPKat

DECEMBER 16, 2022

Anna Maria deals with issues relating to trade marks, patents, designs, trade secrets, copyright and antitrust – both in and out of the courts. She likes to work in international environments, especially cross-border and multi-jurisdictional litigation. Marcel enjoys litigation, in particular.

IP 76

IP Litigation Designs Design 76

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

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 105

Licensing Litigation Technology Patent 105

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 56

Law Patent Patent Law Litigation 56

The IPKat

SEPTEMBER 21, 2022

First up was the now-traditional EU and US Case Law Update presented by Jan Bernd Nordemann ( Nordemann ) and Vanessa Bailey ( Head of Patent Policy, Amazon ) that took the early morning attendees on a roller coaster ride of recent American and European trade mark, design, copyright and patent case-law.

IP 76

IP Reporting Designs Design 76

LexBlog IP

DECEMBER 21, 2023

7,784,961 Before sledding into the patent’s technicalities, the inventor of this Christmas cheer utilized a lesser-known path under U.S. patent law. 122(b)(2)(B)(i), the patent application was kept under wraps, avoiding publication until patent issuance. Under 35 U.S.C.

Patent Drafting 52

Patent Drafting Patent Invention Inventor 52

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. The court’s recent decision in Teradata Corp. SAP SE , 22-1286 (Fed.

Patent 52

Patent Patent Infringement Patent Law Litigation 52

Patently-O

JANUARY 4, 2023

In the USA, civil litigation typically involves substantial discovery — with each party demanding to see the other side’s secrets. In patent law, these secrets are often at the core of the business process: product development and manufacturing processes, key product details, detailed market and sales data, etc.

Litigation 56

Litigation Confidentiality Designs Design 56

LexBlog IP

FEBRUARY 28, 2022

The Spanish government has approved a draft bill to reform the three main industrial property laws: the Trademark Law, the Industrial Design Law and the Patent Law. Trademark Law. Industrial Design Law.

Law 52

Law Designs Design Trademark 52

Olartemoure Blog

MAY 13, 2022

This decision sets an important precedent for NFTs regulation and enables litigants to bring the full power of courts to, for example, seize stolen assets or compel repayment. . 12/05/22 – International Trade. 12/05/22 – International Trade. The ruling opens a debate about what owning an NFT implies.

Non-Fungible Tokens 52

Non-Fungible Tokens Intellectual Property Moral Rights Contracts 52

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

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. Patent laws acknowledge that patents play a crucial role in facilitating the exchange of goods and services.

Patent 52

Patent Licensing Intellectual Property Technology 52

Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is territorial in nature.

Patent 52

Patent Invention Patent Application Intellectual Property 52

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 73

Inventor Marketing Marketing Patent 73

Patently-O

AUGUST 19, 2022

Par had listed two patents in the Orange Book as covering its product and so, as required, Eagle’s ANDA included a Paragraph IV certification that the two patents were either (1) invalid or (2) would not be infringed. We have the ANDA filing, but there are always substantial design choices before final release.

Branding 87

Branding Brands Branding Marketing 87

IP Tech Blog

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 98

Litigation Patent Intellectual Property Branding 98

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 19, 2021

Adkisson , Lawyer of the Year, Litigation – Patent, Minneapolis. Martina Tyreus Hufnal , Lawyer of the Year: Patent Law, Wilmington, Delaware. Kessel , Lawyer of the Year: Copyright Law, Boston. Seth Sproul , Lawyer of the Year: Litigation – IP, San Diego. Ryan Steinman. Nicholas W. Karrie Wheatley Ph.D.

Editing 52

Editing Litigation Trademark Law Copyright Law 52

43(B)log

OCTOBER 31, 2022

HBL argued that, based on the parties’ communications, Lite-Netics should have known early on that there was no infringement (consistent with the analysis performed by the district court, which also found that the accused designs didn’t infringe). The litigation privilege did not extend to making baseless claims about infringement.

Patent Infringement 90

Patent Infringement Patent False Advertising Business 90

The IPKat

DECEMBER 13, 2021

Setting aside issues of statutory interpretation, Abbott’s proposal (and hence the Thaler litigation) rests on two prongs, both deeply flawed. One question that has recently been in the headlines around the world, thanks to the Artificial Inventor Project, is whether or not an AI system can be regarded as an inventor.

Inventor 135

Inventor Invention Ownership Intellectual Property Law 135

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

Patently-O

APRIL 11, 2024

Of course, Congress designed § 271(f) with extraterritorial effects in mind: in adopting the provision, Congress overruled the Supreme Court’s decision in Deepsouth Packing Co. Congress designed § 271(f) to reach extraterritorial conduct, unlike § 271(a). Laitram Corp. The provisions do differ.

Patent 80

Patent Invention Technology Patent Law 80

LexBlog IP

APRIL 19, 2023

Patents A patent permits the owner to exclude others from making, using, offering to sell, selling, or importing the invention of the patent. There are two types of patents that Amazon sellers should be familiar with, utility patents and design patents. Registering trademarks with the U.S.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

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. Please let us know in the comments below. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

SpicyIP

NOVEMBER 8, 2023

Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. The discovery, development and patenting of biologics has been historically tied to the ‘product of nature’ question under patent law. CLS Bank Int’l. 3(e) was not attracted.

Invention 69

Invention Patent Art Patent Law 69

SpicyIP

AUGUST 15, 2021

In this post , Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. They conclude that judicially nudged use of patent law levers is critical for the deployment of flexibilities in our patent law for TB patients who desperately need access to these drugs.

Licensing 83

Licensing Government Reporting Patent Law 83