IP Law 360

FEBRUARY 7, 2024

The number of America Invents Act petitions filed at the Patent Trial and Appeal Board decreased in 2023, according to a new report from Lex Machina — a dip that attorneys attribute to an overall drop in patent litigation.

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Litigation Patent Invention Reporting 45

Trading Secrets

OCTOBER 31, 2023

The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees. Instead, the language suggests that invention-assignment provisions in employment agreements executed on or after September 15, 2023, are unenforceable unless they comport with the new law.

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Invention Intellectual Property Law Business 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. Section 3(p): An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

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Invention Patent Art Patent Law 69

LexBlog IP

OCTOBER 31, 2023

The amendment adds a new Section 203-f to the Labor Law, which addresses the assignment of inventions made by employees. Instead, the language suggests that invention-assignment provisions in employment agreements executed on or after September 15, 2023, are unenforceable unless they comport with the new law.

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Invention Intellectual Property Law Business 52

JD Supra Law

FEBRUARY 15, 2024

In 2023, Fintiv—the precedential Order issued in 2020 that established a six-factor framework that the Patent Trial and Appeal Board (PTAB) applies when evaluating whether to exercise its discretion to institute an America Invents Act (AIA) trial when there is co-pending litigation—continued to grab headlines and spark controversy.

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Litigation Invention Reporting Patent 65

IPilogue

DECEMBER 20, 2022

Videotron claimed they licensed to avoid litigation, and later realized that Rovi’s portfolio is obsolete. The deciding factors for awarding an ‘accounting for profits’ are as follows: Whether there has been undue delay in commencing or prosecuting the litigation. Whether Rovi practiced the invention of the patent in Canada.

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Litigation Invention Inventor Licensing 119

JD Supra Law

FEBRUARY 9, 2022

International Trade Commission, the Federal Circuit held that a prior invention will not anticipate under 35 U.S.C. § 102(g) unless the prior inventors appreciated the invention. In Ingevity Corporation v. Specifically, an inventor must concurrently appreciate that the embodiment worked and that it satisfied all claim elements.

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Invention Inventor Litigation 52

LexBlog IP

JANUARY 8, 2024

On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. The Court also wrote that the non-AAV sequences or other elements of the claimed invention have not been altered from the naturally occurring counterparts. Sarepta Litigation appeared first on Big Molecule Watch.

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Litigation Patent Inventor Invention 52

IP Watchdog

SEPTEMBER 13, 2023

2023 FCA 168], a 3-0 decision, recently set aside the test on subject matter eligibility of computer-implemented inventions laid down by the Federal Court [2022 FC 923] last year. Benjamin Moore & Co.

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Invention Patent Litigation Technology 64

IP Watchdog

OCTOBER 18, 2022

Other robust evidence shows that current Section 101 law has harmed innovation by removing the incentives to develop and commercialize particular inventions of public importance.

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Litigation Patent Invention Law 90

IP Law 360

AUGUST 12, 2022

Federal Court patent litigation during the America Invents Act's first decade shows that enforced high-tech litigation awards for small- and medium-size high-tech companies are rare and the process isn't easier, and the Restoring America Invents Act under consideration does not move the system toward rebalancing, say attorneys at Mintz.

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Invention Patent Litigation 40

SpicyIP

MARCH 27, 2024

So, we dive into the dispute over the role of scientific advisers versus expert evidence in IP litigation. While Dr. Hill claims she invented aspects of these inventions before her employment with Touchlight, the company disputes this. A little bit about the Indian paradigm.

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Litigation IP Intellectual Property Patent 59

LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patent application worth the cost savings? thegem-vc-text.thegem-custom-640f87a71087f6782{display: block!important;}}@media

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Patent Application Invention Patent Licensing 52

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

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Litigation Law Patent Invention 82

LexBlog IP

AUGUST 9, 2022

What is at the core of invention? All inventions boil down to applying some natural law , but where is the line between natural law and invention? ” The most recent Supreme Court case which granted certiorari with regard to an “inventive concept” is Alice Corp. .” By: Banks Griffin.

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Inventor Invention Patent Prosecution Law 52

Patently-O

SEPTEMBER 29, 2021

Cornyn have introduced the “Restoring the America Invents Act” designed to further address problems caused by the USPTO’s issuance of “poor-quality patents.” by Dennis Crouch. Leahy and Sen. ” Leahy Press Release. Text of the Proposal.

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Invention Patent Art Law 94

IP Watchdog

OCTOBER 19, 2022

This case demonstrates how an invention that is potentially assailable on eligibility grounds can be given its best chance by a focused, consistent and synergistic patent prosecution and litigation strategy. Thus, it is not coincidental that your authors are a patent litigator and a patent prosecutor, respectively.

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Patent Prosecution Litigation Patent Invention 59

IP Close Up

NOVEMBER 17, 2022

The news in much of the inventing community is often doom and gloom, but for Stephen Key, a successful creator and entrepreneur, the opportunities faced Continue reading.

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Invention Licensing Patent Inventor 75

The IP Law Blog

AUGUST 5, 2021

Commissioner of Patents , case number VID 108 of 2021, in the Federal Court of Australia, an Australian Federal Judge became the first known jurist to rule that inventions developed by artificial intelligence can qualify for patent protection. In Thaler v. And, nothing in the Act dictates the contrary conclusion.

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Invention Inventor Patent Moral Rights 98

JD Supra Law

FEBRUARY 20, 2024

Patent and Trademark Office’s (USPTO) recently released Inventorship Guidance for AI-Assisted Inventions. Artificial intelligence (AI) cannot be the inventor or co-inventor on a patent but can be used as a tool. That is the gist of the U.S. By: McGuireWoods LLP

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Inventor Litigation Patent Invention 62

LexBlog IP

JUNE 5, 2023

Background In 2015, Ironburg Inventions Ltd. (“Ironburg”) sued Valve Corporation (“Valve”) for infringing U.S. Both parties appealed on multiple grounds (not all of which are discussed here for brevity) – including whether Valve was properly estopped from litigating the Non-Petitioned Grounds.

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Invention Art Litigation Patent 52

IP Watchdog

DECEMBER 21, 2021

In the decade since the America Invents Act (AIA) was enacted, patent licensing challenges have increased for many technology companies and independent inventors. From the perspective of the Intangible Investor, 2022 will be a year of new opportunities and transitional growth. grants for the first half of 2021.

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IP Litigation Inventor Licensing 121

Patently-O

AUGUST 4, 2021

Ryan Abbott, have made headlines around the world as they sought patent protection for a fractal-inspired beverage container (shown below) that they contend was invented by DABUS. Like the ‘conception’ test in American patent law – the object of the test is to determine the identity of the ‘devisor’ of the invention. Dr. Christian E.

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Invention Patent Inventor Intellectual Property 128

SpicyIP

MARCH 7, 2024

A Brief History of Hot-tubbing – WIPO’s Intrigue, Australia’s Claim, and India’s Adoption Source: Concurrent Expert Evidence And ‘Hot-Tubbing’ In English Litigation Since The ‘Jackson Reforms. Find it here. The next hearing is scheduled to be listed for 4th April, 2024.

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Patent Infringement Litigation IP Intellectual Property 59

Patently-O

JANUARY 29, 2024

by Dennis Crouch The new petition for certiorari filed by Liquidia raises some interesting questions about the ongoing race between inter partes review proceedings and district court litigation. Liquidia Techs v. United Therapeutics Corp. , 23-804 (US), on petition for writ of certiorari from United Therapeutics Corp. Liquidia Techs.,

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Litigation Patent Invention Patent Infringement 45

IP Watchdog

JULY 15, 2022

Clearing the air on labyrinthine subject-matter eligibility standards for computer-implemented inventions (CIIs), a Canadian Federal Court last month revisited the issue in Benjamin Moore & Co. Attorney General of Canada, 2022 FC 923.

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Invention Intellectual Property Patent Application Patent Law 64

LexBlog IP

MAY 26, 2023

But have you ever paused to wonder about the ingenious inventions that make your summer so unforgettable? Invented by rocket scientist Lonnie Johnson in 1991, this air pressure-based design brought a whole new level of intensity to neighborhood water fights, making this patent a wet and wild summer essential.

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Invention Patent Designs Design 40

IP Watchdog

DECEMBER 6, 2021

Moderna and the National Institutes of Health (NIH) are poised for a legal battle over inventorship of a vaccine for COVID-19. While a court may resolve the dispute over inventorship for the patent application, court review of current inventorship rules could be a slippery slope to chaos.

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Invention Inventor Patent Application Designs 122

LexBlog IP

APRIL 26, 2022

The Court found (at [105]) that: the law relating to the entitlement of a person to the grant of a patent is premised upon an invention for the purposes of the Patents Act arising from the mind of a natural person or persons. Those who contribute to, or supply, the inventive concept are entitled to the grant.

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Invention Inventor Patent Law Patent 52

IP Watchdog

APRIL 20, 2023

Patent and Trademark Office (USPTO) today published an Advanced Notice of Proposed Rulemaking (ANPRM) indicating it is considering changes to America Invents Act (AIA) proceedings before the Patent Trial and Appeal Board (PTAB).

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Invention Litigation Publishing Patent 105

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 30, 2022

Several Senate bills have been proposed over the last year to enact changes to the America Invents Act relating to post-grant practice before the Patent Trial and Appeal Board. The first recent bill seeking to make changes to post-grant practice was the Restoring the America Invents Act , introduced in September 2021, by Sens.

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Journalism Invention Law Litigation 70

IPilogue

MAY 31, 2022

Healthy patent systems can sometimes be described as a way to incentivize creative inventions, encourage building on existing ideas, and avoid frivolous litigation. Patent litigation has been on the rise , with 46% more patent litigation lawsuits in 2021 than in 2018. . Google’s contribution to the US patent system.

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Patent Troll Patent Litigation Invention 118

LexBlog IP

FEBRUARY 27, 2023

The District of Delaware is renowned as a patent litigation hot spot, but the district sees its fair share of other IP litigation. Future litigants in the District of Delaware should be aware of potential arguments relating to non-infringing alternatives as they potentially relate to both patent and copyright damages.

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Litigation IP Patent Copyright 52

IAM Magazine

SEPTEMBER 29, 2022

In Hungary, the recent changes to Act XXXIII of 1995 on the protection of inventions by patents (the Patent Act) aim to achieve more expeditious and comprehensive solutions in case of a patent dispute.

Litigation 52

Litigation Patent Invention 52

LexBlog IP

SEPTEMBER 29, 2021

Senator Leahy -VT (D) (with co-sponsor Senator Cornyn – Tx (R)) has today released the draft bill entitled “Restoring the America Invents Act.” dismissal of litigation without prejudice restarts one-year window). This would virtually ensure that any litigation with an AIA trial would be stayed.

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Invention Litigation Government Patent 52

IP.com

JUNE 19, 2023

After legislation passed in 2013 prohibited patents on naturally occurring genes and invalidated previously issued patents, the process for gene patenting has become much more regulated.

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Invention Patent Litigation 98

IP Watchdog

SEPTEMBER 30, 2021

Last night, Senators Patrick Leahy (D-VT) and John Cornyn (R-TX) released the text of the “Restoring America Invents Act”, which is meant to “support American innovation and reduce litigation,” according to the headline of the senators’ joint statement on the legislation. Many in the patent community, however, are not as optimistic.

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Invention Litigation Art Reporting 124