SpicyIP

JANUARY 20, 2023

COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues Last month, the patent battle between COVID-19 mRNA vaccine manufacturers continued with BioNTech/Pfizer filing a strong defense and counter-claim to Moderna’s allegations of patent infringement.

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Patently-O

FEBRUARY 9, 2024

It also comes at a salient time, as the Biden Administration weighs the idea of more aggressively exercising “march-in rights” under the Act to promote affordability of taxpayer-funded inventions. USF sued the government for infringement after a government contractor used the patented mice without authorization.

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Larson & Larson

JUNE 1, 2021

Patent infringement encompasses unauthorized making, use, sale, or offering for sale any patented invention within the United States jurisdiction. As a result of this infringement, a patentee whose patent is infringed may file a lawsuit seeking appropriate relief from the federal court.

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LexBlog IP

DECEMBER 1, 2021

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). SecurityPoint brought its claim for patent infringement against the United States under 28 U.S.C. §

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IP Tech Blog

FEBRUARY 15, 2023

District Court for the Western District of Texas to vacate its order denying transfer of patent infringement claims to the Northern District of California. The case actually had a “particularized connection with Northern California” given that the technology was invented there and Google’s patents were prosecuted from that forum.

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SpicyIP

OCTOBER 30, 2023

Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. Government of Tamil Nadu & Ors, the court awarded actual costs in pursuing the suit for 15 years as well. [ This post has been co-authored with Swaraj Paul Barooah ].

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Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. In an earlier blog, we discussed “prior public use” as grounds for opposing the grant of European patents (see here ).

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Patently-O

SEPTEMBER 15, 2021

Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. .

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IP Watchdog

JULY 29, 2021

The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as a huge problem. Patent and Trademark Office (USPTO) Director Andrei Iancu left the building.

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IP Watchdog

MAY 3, 2022

As Knowledge Ecology International and its allies await the decision of the National Institutes of Health (NIH) on their latest attempt to misuse the Bayh-Dole Act for the government to set prices on any product based on a federally funded invention, they’re growing more uneasy. And that’s understandable.

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IP Watchdog

NOVEMBER 2, 2022

Court of Appeals for the Federal Circuit (CAFC) decision upholding a Patent Trial and Appeal Board (PTAB) finding of unpatentability. Eagle Forum Education and Legal Defense Fund and the Fair Inventing Fund filed briefs in support of the jump rope company while DivX filed in support of neither party.

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SpicyIP

MARCH 21, 2024

This has allowed parties with political, ideological, and other non-technical opposition to patent applications to unduly delay the process by raising a series of pre-grant challenges.”From The new legal mechanism did not guarantee any person who filed a pre-grant opposition, a right to be heard by the Patent Controller.

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The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” Again, it depends. Under 35 U.S.C. §

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IP and Legal Filings

JANUARY 1, 2023

When someone invents something novel, practical, and non-obvious, they may file for a patent. As a result, it prevents others from utilising someone else’s invention or artistic creation, providing a just return on the effort and expense made. Eastman Kodak [1986], it was a literal reproduction of the original invention.

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Kashishipr

OCTOBER 13, 2021

Where it is a public sector entity, like a government initiative or a university, there is often the pressure of publishing and disseminating information at the earliest; whereas the private sector is usually free of such challenges, and major consideration is laid on the nature and value of the researched object or invention.

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Patently-O

OCTOBER 5, 2021

In both cases, the Government argued that the Court’s recent decisions have strayed from earlier precedent and have fostered uncertainty regarding the patent eligibility standards. In particular, the Government highlighted the then-pending certiorari petition in Athena Diagnostics, Inc. Berkheimer, No. 18-415, 139 S.

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Patently-O

MARCH 18, 2024

The district court agreed, finding their contributions were significant to the conception of the claimed invention. Under § 256, correcting inventorship requires comparing the alleged co-inventor’s contributions against the invention as claimed. 286, is specifically limited to remedies for infringement. Iolab Corp. ,

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SpicyIP

JULY 23, 2021

This comes in the backdrop of Section 83 of the Patents Act, 1970 which provides the general principles applicable to the working of patented inventions. The patent bargain is a delicate balance struck between access to the invention and incentive to the patentee. Impact of Non-Working.

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Intepat

MAY 22, 2023

The sine qua non of an invention is its conception. However, something more than conception is required for an invention to be ready for patenting. The first way, actual reduction to practice, is by actually building the invention so that it works and others can follow how it is built.

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LexBlog IP

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” § 273.

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Patently-O

NOVEMBER 29, 2023

Specifically, the Board found MacNeil was entitled to a presumption that its evidence of commercial success, long-felt need, and industry praise related to its WeatherTech® product reflective of the inventiveness of the claims of the ’186 Patent. The Board also found that Yita failed to provide evidence to rebut this presumption.

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SpicyIP

AUGUST 1, 2021

The Report recommends that instead of completely abandoning patent applications for non-compliance with minor procedural/timeline requirements, penalties or fees should be imposed to induce some flexibility in the process. It is also an aspect that figures mostly at the end of the innovation cycle and not at the beginning.

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IP Watchdog

MAY 30, 2023

The ANPRM, among many other things, raises the question whether the Office should discretionarily deny post grant proceedings filed by for-profit, non-competitive entities that in essence seek to shield actual real-partiesin interest (RPIs) and privies from the statutory estoppel provisions contained within the America Invents Act (AIA).

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Kashishipr

JUNE 3, 2021

As IP’s role in the world economy increased, so did the controversies between taxpayers and the government over the tax implications of IP transactions (for instance, development, acquisitions, sales, and licenses). A company can use the Patent Box regime if: It is liable to pay the corporation tax.

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IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. “The falsity of Crocs’ advertising is that Croslite is simply not patented—neither to Crocs nor to anyone else. ” Dawgs brief.

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IIPRD

FEBRUARY 13, 2023

Intellectual property rights (hereinafter referred to as ‘IPR’) are the legal rights granted to the inventor or creator to safeguard his or her invention or production for a certain period of time. These legal rights grant the inventor, creator, or assignee the only right to fully exploit his invention/creation for a given period.

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SpicyIP

SEPTEMBER 5, 2022

Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). Moderna’s patent infringement lawsuit is a revenue seeking activity since Moderna wants fair compensation but does not want to remove Comirnaty from the market. Image from here.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

These rights safeguard intangible assets resulting from human creativity and innovation, allowing creators to have control and benefit from their inventions or creations. IPR primarily include patents, copyrights, trademarks, trade secrets, and designs, each serving a specific purpose in protecting various forms of intellectual creations.

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The IPKat

JANUARY 24, 2023

This includes patentability criteria (addressed in chapters 9 to 13), the person skilled in the art (analysed in chapter 1), patent claims (discussed in chapter 2), and supplementary protection certificates (covered in chapter 14). Infringement issues are addressed in chapters 3-5. the Bolar exemption and exhaustion).

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IP and Legal Filings

MAY 13, 2022

Reasonable requirements of the public have not been met; The patented invention is not readily available to the general public at a reasonable price, or; The patented innovation is not being developed in India. The patented invention is not readily available to the general public at a reasonable price. CONCLUSION.

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LexBlog IP

JANUARY 5, 2022

In this case, the Supreme Court of Texas held that a government entity may reproduce, display, and utilize a copyrighted work for its own benefit without paying any compensation to the copyright owner. 92, 96 (1876) (“A patent for an invention is as much property as a patent for land. 21-735 (2021). Wright , 94 U.S.

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More Than Your Mark

NOVEMBER 30, 2018

Unlike in the case of trademarks, patentability of cannabis-related products and processes is much more clear-cut. The USPTO routinely grants utility patents to cannabis and cannabis-related inventions, and has done so for decades. Patents have issued with at least one claim containing the word “cannabis” or “cannabinoid.”

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Patently-O

DECEMBER 22, 2022

Although Amgen presented two questions in its petition, the Supreme Court indicated its interest only in hearing the second: Whether enablement is governed by the statutory requirement that the specification teach those skilled in the art to “make and use” the claimed invention, 35 U.S.C. § Amgen Petition. ” Juno Petition.

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The IPKat

SEPTEMBER 23, 2022

MYLAN BV and SANDOZ BV One of the first patent cases decided in 2021 was an SPC case between MSD and Apotex, where the Brussels Enterprise Court had to decide whether an SPC could be granted for the combination of ezetimibe and simvastatin, even if a previous SPC had already been granted for ezetimibe alone based on the same patent.

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IP Watchdog

FEBRUARY 15, 2022

Patent and Trademark Office (USPTO) Director Andrei Iancu via precedential Patent Trial and Appeal Board (PTAB) decisions.

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Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

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