LexBlog IP

DECEMBER 20, 2022

The BPCIA also introduced a new scheme to resolve patent disputes involving biosimilar products known as the “patent dance.” ” Since the enactment of the BPCIA, the FDA has approved 40 biosimilar products, and, as the market has grown, litigation activity concerning biosimilars has increased rapidly.

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The IP Law Blog

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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SpicyIP

APRIL 7, 2024

Recently, India and a group of 4 European countries- Iceland, Liechtenstein, Norway, and Switzerland (EFTA) signed a Trade Economic Partnership Agreement (TEPA) on a variety of trade related issues, including intellectual property rights. She has been working in the field of access to medicines, patents and IP for more than a decade.

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Patent Patent Application Intellectual Property Law 72

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. The deadline for submissions is October 15, 2021. Due date for Submission: October 15, 2021. Submit a comment: [link]. Berkheimer, No. 18-415, 139 S. Vanda Pharms.

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Patent Intellectual Property Invention Inventor 102

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Fish attorney Kurt Glitzenstein spoke with The American Lawyer about Fish’s success on being the busiest patent litigation firm in the land. He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more. I received my B.S. I received my B.S.

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LexBlog IP

FEBRUARY 7, 2024

However, the use of AI in litigation also bears risk, as highlighted by a recent First-tier Tribunal (Tax) decision, where an appellant had sought to rely on precedent authorities that, in fact, were fabricated by AI (a known risk with AI using large language models, referred to as hallucination). [1]

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The IPKat

APRIL 20, 2022

A Kat in desperate need of a coffee GuestKat Gabriele Girardello shared with us the trends and topics covered at the “Pharma & Biotech Patent Litigation” conference in Amsterdam, which he attended on 14-16 March 2022. The holiday is over and this Kat hopes that all readers managed to renew their energies.

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LexBlog IP

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Kappos, Mayo Collaborative Servs. Prometheus Labs., § 101.

Law 52

Law Invention Patent Intellectual Property 52

IP Tech Blog

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 57

Designs Design Copyright Design Patent 57

Kashishipr

SEPTEMBER 29, 2022

Protection of Essential Intellectual Property Rights. Before enforcing rights in Intellectual Property (IP) , it is imperative to safeguard the different aspects of a product or service. Before enforcing rights in Intellectual Property (IP) , it is imperative to safeguard the different aspects of a product or service.

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Branding Brands Branding Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 22, 2021

However, broadly integrating cellular technology into automotive products may implicate Standard Essential Patents (SEP) and Fair, Reasonable, and Non-Discriminatory (FRAND) licensing issues. This article discusses how this exposure may occur. One avenue of achieving V2X is through existing cellular networks, such as 5G.

Licensing 52

Licensing Intellectual Property Law Technology 52

The IP Law Blog

NOVEMBER 3, 2022

The time from when the coronavirus’ RNA sequence, identified by China, was published on January 11, 2020 to the date that clinical trials in the U.S. The time from when the coronavirus’ RNA sequence, identified by China, was published on January 11, 2020 to the date that clinical trials in the U.S. The numbers tell the story.

IP 52

IP Intellectual Property Technology Publishing 52

LexBlog IP

JULY 27, 2021

On June 21, 2021, the Shenzhen Administration for Market Regulation (Shenzhen AMR) issued the first ever administrative injunction against the alleged infringement of a design patent. The problem therefore remains: Current remedies for design and copyright infringements pass mostly through civil courts and are neither cheap nor quick.

Designs 52

Designs Design Copyright Intellectual Property 52

LexBlog IP

NOVEMBER 3, 2022

The time from when the coronavirus’ RNA sequence, identified by China, was published on January 11, 2020 to the date that clinical trials in the U.S. The time from when the coronavirus’ RNA sequence, identified by China, was published on January 11, 2020 to the date that clinical trials in the U.S. It has caused at least 6.6

IP 52

IP Intellectual Property Technology Publishing 52

The IP Law Blog

MARCH 2, 2021

Published in Landslide , Vol. 3, January/February 2021, by the American Bar Association. Reproduced with permission. All rights reserved. Supreme Court issued numerous landmark decisions in 2020, among those—for trademark scholars and practitioners— Romag Fasteners, Inc. Fossil, Inc. Romag solidi?es Summary of the Supreme Court’s Opinions.

Intellectual Property 52

Intellectual Property Contracts Trademark Trademark Law 52

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.

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Litigation Patent Intellectual Property Branding 98

Patently-O

APRIL 13, 2023

A leaked text of the draft was posted on Kluwer Patent Blog , a summary and detailed synopsis has been posted on FOSS Patents , and a 248-page Impact Assessment by the European Commission (EC) has been widely circulated among stakeholders. 3) (issue discussed and here and here ).

Art 59

Art Confidentiality Licensing Patent 59

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

The IPKat

JANUARY 9, 2022

Back in October, University of Illinois Chicago School of Law’s Center for Intellectual Property (“IP”), Information, and Privacy Law organized and virtually hosted its International IP Practice Seminar. Jorgenson also discussed how COVID-19 affected WIPO and the Patent Cooperation Treaty (PCT) system.

Reporting 57

Reporting Law IP Patent 57

The IPKat

MAY 29, 2023

This Kat is pleased to review the “ Overlapping Intellectual Property rights ”, edited by Neil Wilkof [full disclosure: a member of the IPKat team], Shamnad Basheer, and Irene Calboli (OUP, 2023, 864 pp.). The volume is a beautiful testimony to the work of late Shamnad Basheer, who co-edited the first edition.

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Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation? The title of this piece tracks a common “ phrase of exasperation used to emphasize a question or statement.” society at $4.8

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Intellectual Property Invention Trademark Copyright 52

Trading Secrets

JUNE 3, 2022

There have been some noteworthy recent decisions in trade secrets law. This blog post summarizes some of the significant decisions grouped by the hot topics below. Sufficiency of Trade Secret Pleadings and Allegations of Misappropriation. In Oakwood Lab’ys LLC v. Thanoo , 999 F.3d 3d 892 (3d Cir. Thanoo , 999 F.3d 3d 892 (3d Cir.

Law 59

Law Confidentiality Designs Design 59

LexBlog IP

MAY 3, 2022

Like the United States, China offers protection for 2D and 3D designs of products and packaging, which is often known by U.S. It focuses on the similarities and dissimilarities of different aspects of intellectual property (IP) law in China and how they interact with each other. Protection of 2D Designs.

Designs 52

Designs Design Trademark Intellectual Property 52

LexBlog IP

AUGUST 6, 2023

Industry Depends on the PTAB – Not China The so-called PREVAIL Act ( here ) was floated some weeks back to “ to ensure the United States does not cede technological supremacy to our foreign competitors and adversaries. If this “stronger patents” argument sounds familiar, it should. Critical U.S That is, the U.S.

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Litigation Technology Patent Business 52

LexBlog IP

JUNE 22, 2023

Also yesterday, some of the very same senators introduced the Patent Eligibility Restoration Act of 2023. The co-introduction of these bills suggests a plan to drive compromise on patent eligibility. The PREVAIL ACT is a collection of pro-litigation/anti-Tech proposals that would do far more harm to the U.S.

Settlement 52

Settlement Litigation Patent Art 52

The IPKat

SEPTEMBER 24, 2021

This undertaking obliges SEP owners to be prepared to licence their patents on Fair, Reasonable and Non-Discriminatory (FRAND) terms. But the courtroom debates in the US, Germany, UK and China have raised numerous unanswered questions about what this means. How wide or narrow is this FRAND undertaking? What does FRAND even mean?

Licensing 62

Licensing Technology Intellectual Property Litigation 62

43(B)log

FEBRUARY 3, 2023

and design patents were hard to get/not as valuable at the time. There’s not evidence of a litigation history of the few midcentury modern design patents, even though Herman Miller etc. Herman Miller litigated even against “Eames style.” Tyler Ochoa: how do you fix this? In the 1960s, preemption was big (Sears v.

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Designs Design Design Patent Branding 59

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. PDF copy available. Valued at $108.4

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

LexBlog IP

JUNE 7, 2023

On 27 April 2023, the European Commission (the “ Commission ”) proposed a new regulation on the licensing of standard essential patents (the “ Proposal ”). [1] SEP holders seeking to license their SEPs for royalties and to enforce them in the EU would have to register the patents in a SEP register.

Licensing 52

Licensing Patent Confidentiality Registration 52

LexBlog IP

MARCH 12, 2023

In a post for Patently-O , Peter describes how the TSCMJG came into existence. Disputes over inventorship are not confined to patent cases and often arise in trade secrets cases too. § 256 was premature because no patents had yet issued. In Calvary Indus., Winters , U.S. Court of Appeals for the Eighth Circuit.

Blogging 52

Blogging Litigation Ownership Reporting 52

43(B)log

FEBRUARY 3, 2023

Patents for cannabis related products, including lubricant, explained as medical and instrumental—to avoid divorce, mix cannabis with Viagra. Consequences of excluding pleasure from patent discourse: effects on what is considered patentable? Queer theory: pleasure as a way of knowing things. Q: drugs v. But should you do that?

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False Advertising Trademark Advertising Advertising 45

LexBlog IP

JANUARY 9, 2023

District Court for the Southern District of New York. In Tomgal LLC v. Castano , District Court Judge John Koeltl of the U.S. District Court for the Southern District of New York denied an injunction request , reasoning that irreparable injury did not exist because any injury arising from the misappropriated trade secrets could be easily calculated.

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Blogging Litigation Intellectual Property Licensing 40

LexBlog IP

FEBRUARY 20, 2023

Apologies for the lateness of this month’s post (another trial) but it contains some important developments from the past week. On Thursday, the FTC held a public forum to discuss its proposed rule. As you will recall, Commissioner Wilson, the lone Republican appointee to the FTC, dissented from the FTC’s proposed ban last month.

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