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Texas Patent Litigation Monthly Wrap-Up – August 2021

Fish & Richardson Trademark & Copyright Thoughts

In the August 2021 edition of our monthly Texas Patent Litigation Monthly Wrap-Up, we cover a case concerning the doctrine of prosecution laches. Additionally, one of the documents uncovered in the litigation showed that PMC contemplated a strategy “to keep the PMMC [1] patents hidden while industry infringement is quietly monitored.

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Book Review: A Practitioner’s Guide to European Patent Law (with a discount code)

The IPKat

The book, now in its second edition, is authored by Paul England, with contributions from several other authors, including our former GuestKat Peter Ling. This edition also contains new chapters on evidence, declarative actions (e.g., the Bolar exemption and exhaustion). the comparable license method and the top-down approach).

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WIPIP Session 1: AI

43(B)log

We’ve funneled IP protection for AI generated inventions/information to trade secrecy w/o patent or copyright for human authors/inventors. Instead, proposes trust but verify: register to certify compliance with regulations, including limited government inspection, similar to source code review in litigation.

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The IPKat EPO Boards of Appeal (BA) Year in Review 2021

The IPKat

2021 saw key decisions on claim supremacy, types of antibody claims, the data threshold for second medical use inventions and the AI inventor debate. ?? To comply with this, it used to be standard practice to merely replace "invention" with "disclosure" or similar thorough-out the description.

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SEPs & FRAND: Misnomers & Maladies

SpicyIP

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.

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Attorneys Dorothy Whelan, Karl Renner, and Casey Kraning, Ph.D., Author National Law Journal Article “A Look Back on a Decade of Practice at the PTAB”

Fish & Richardson Trademark & Copyright Thoughts

The implementation of the America Invents Act in 2012 significantly changed patent practice in the United States, in part by creating an avenue to challenge a patent’s validity at the Patent Trial and Appeal Board (PTAB) without enduring the time and expense of district court litigation. PDF copy available. A Changing Practice.

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Guest post by Prof. Holbrook: Extraterritoriality and Patent Damages Under § 271(a)

Patently-O

Section 271(f) deals with the exportation of components of a patented invention with an intent to assemble them abroad. Unlike § 271(f), § 271(a) has explicit territorial limits, limiting infringement acts of making, using, selling, or offer to sell the invention within the United States. 271(f) in WesternGeco LLC v.

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