Patently-O

JULY 21, 2022

The district court issued a preliminary injunction prohibiting BJM from selling its feed product using the ‘094 patent or from soliciting other to do the same. On appeal though, the Arizona Court of Appeals has vacated and remanded–holding that the district court erred by presuming irreparable harm due to patent infringement.

Licensing 76

Licensing Patent Patent Law Intellectual Property 76

IP Watchdog

NOVEMBER 2, 2022

Jump Rope Systems, the inventor of a novel jump rope system, is petitioning the Supreme Court to clarify “whether, as a matter of federal patent law, a determination of unpatentability by the Patent Trial and Appeal Board in an inter partes review proceeding, affirmed by the Federal Circuit, has a collateral estoppel effect on patent validity in a (..)

Inventor 69

Inventor Invention Patent Infringement Patent Law 69

SpicyIP

MARCH 21, 2024

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. However, since the ordinance would lapse, Parliament had to necessarily enact a law to amend the Patents Act.

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Patent Patent Application Government Reporting 52

Patently-O

JULY 5, 2021

Recent Headlines in the IP World: John Power: Government of Canada Announces New Independent Regulator for Patent and Trademark Agents (Source: CISION). Mikey Campbell: Apple Seeks to Halt Latest VoIP-Pal Patent Infringement Litigation (Source: Apple Insider).

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Patent Journalism Patent Infringement Branding 57

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. For clarity, this covenant not to sue includes, but is not limited to, patent infringement litigations, declaratory judgment actions, patent validity challenges before the U.S. emphasis added).

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Contracts Intellectual Property Patent Infringement Government 98

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 briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. § 292, though they disagree about its implications for this case.

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False Advertising Advertising Advertising Patent 113

Patently-O

SEPTEMBER 8, 2022

The crux of the decision is as follows: [T]he district court read our precedent as applying a bright-line rule that patent infringement notice letters and related communications can never form the basis for personal jurisdiction. Personal Jurisdiction as Not Patent Law Specific. ” Quoting Avocent (Fed.

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Law Patent Law Licensing Government 51

The IP Law Blog

JANUARY 18, 2024

And with patents, the only protection arises when the USPTO issues a patent on an invention. There is a fourth type of IP protection, trade secrets, that doesn’t involve registering the rights with a government office. But there are exceptions and exclusions under patent law. See 35 U.S.C. §

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Confidentiality Invention Business Artistic Work 113

More Than Your Mark

NOVEMBER 30, 2018

6,630,507 issued in 2003 and entitled “Cannabinoids as antioxidants and neuroprotectants,” was at one point internet-famous as legalization activists pointed to its ownership by the Federal Government as being at odds with the Drug Enforcement Administration (DEA)’s continued refusal to move cannabinoids from the Schedule I classification. [1]

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Patent Invention Patent Infringement Blogging 52

SpicyIP

AUGUST 2, 2021

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Continuing our posts on the Parliamentary Standing Committee Report, I wrote a II-part post on the Report’s recommendations on patent law reform. Part I and II.

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Patently-O

SEPTEMBER 13, 2021

In patent infringement cases, it is well-established that a patentee’s damages should reflect only the value of the patented features of an infringing product. Thus, in assessing damages, courts routinely “apportion” the infringer’s profits between the infringing and noninfringing features of its product.

Licensing 54

Licensing Contracts Patent Law Law 54

The IP Law Blog

MAY 7, 2021

As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” However, a defendant need not show that the litigation is both objectively baseless and brought in bad faith.

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Litigation Patent Infringement Patent Government 94

LexBlog IP

AUGUST 31, 2021

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. law without reference or comparison to French contract law.

Licensing 52

Licensing Contracts Law Patent Law 52

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).

Patent 52

Patent Patent Application Government Designs 52

LexBlog IP

JANUARY 18, 2024

And with patents, the only protection arises when the USPTO issues a patent on an invention. There is a fourth type of IP protection, trade secrets, that doesn’t involve registering the rights with a government office. ” But there are exceptions and exclusions under patent law. ” See 35 U.S.C. §

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

The IP Law Blog

OCTOBER 27, 2022

This case is a strong reminder to pay close attention to all procedural rules governing a case, including specifically all Local Rules of the District and any Scheduling Orders and/or Standing Orders issued by the Judge. Thus, the Court summarily denied the motion to dismiss.

False Advertising 98

False Advertising Patent Advertising Advertising 98

More Than Your Mark

SEPTEMBER 3, 2021

Patents are meant to cover new, useful, and non-obvious inventions (utility patents) and new and non-obvious designs (design patents). Additionally, all patents have a limited life span: twenty years from the earliest effective filing date of a utility patent and fifteen years from the issuance of a design patent.

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Intellectual Property Patent Design Patent Designs 40

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

DECEMBER 22, 2022

Although somewhat slow thus far, there is some potential that 2023 will turn out to be a major year for Supreme Court patent law jurisprudence. by Dennis Crouch. Full Scope Enabling Written Description : The court has granted only one petition, Amgen Inc., Sanofi , No. 21-757, with merits briefs due beginning December 27, 2022.

Patent Law 58

Patent Law Law Patent Invention 58

Intepat

MAY 22, 2023

However, something more than conception is required for an invention to be ready for patenting. Instead, a person can opt for filing a provisional application if an inventor does not have adequate funds to hire a professional to draft a patent specification or does not have adequate time to have a complete patent specification drafted.

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Patently-O

MARCH 18, 2024

The Patent Act includes a 6-year statute of limitations, but as written it only applies to cut-off recovery for patent infringement — and does not apply to lawsuits to correct inventorship. This ruling aligned patent law with the Court’s prior decision in Petrella v. 2d 1157, 1163 (Fed. 663 (2014).

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Patent Inventor Patent Infringement Designs 57

SpicyIP

JANUARY 16, 2023

On the proposed amendments to the Patent Act, inter alia she argues against dilution of the criminal penalties for non- compliance with patent working requirements, highlighting the importance of the “working” requirements within the patent regime of the country. Other Posts. Prabhakar v. Case Summaries.

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Patently-O

OCTOBER 4, 2021

The Supreme Court has now issued a Call for the Views of the Solicitor General (CVSG)–seeking the government’s input on whether to hear the case. Here, PersonalWeb sued Amazon for patent infringement back in 2011 based upon Amazon’s use of its S3 cloud storage services. In Kessler v. Eldred , 206 U.S.

Litigation 73

Litigation Patent Infringement Patent Settlement 73

The IP Law Blog

APRIL 14, 2022

In response, Pandaloon filed a Motion to dismiss Count Three of the Complaint—in which CCC alleges that the D325 Patent is unenforceable due to inequitable conduct—on the ground that it fails to state a claim for relief under Rule 12(b)(6) of the Federal Rules of Civil Procedure.

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Art Inventor Patent Infringement Patent 98

IP Watchdog

OCTOBER 21, 2021

So, even though it is believed Judge Koh can and will easily receive a favorable confirmation vote, the questions relating to the intersection of antitrust and patent law demonstrate a keen awareness and interest in these issues on the Senate Judiciary Committee.

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