Patently-O

JULY 6, 2023

As Professor Crouch has noted , the Federal Circuit has granted rehearing en banc in the design patent case of LKQ v. In support of LKQ’s petition for rehearing, some of my friends and colleagues submitted an amicus brief wherein they argued against what they called “design patent doctrinal exceptionalism.”

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Design Patent Designs Design Patent 52

IP Intelligence

MAY 24, 2024

Inter partes reviews (IPRs) and post-grant reviews (PGRs) are proceedings in front of the Patent Trial and Appeal Board (PTAB) that allow a petitioner to challenge a patent’s validity and a patent owner to defend that patent’s validity after the patent has been issued. One statute, 35 U.S.C. § Lee , 579 U.S.

Litigation 52

Litigation Government Designs Design 52

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

APRIL 27, 2023

An inter partes review (IPR) is a procedure in the Patent Trial and Appeal Board (PTAB) whereby a U.S. patent can be challenged in the Patent and Trademark Office (PTO). Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation.

Patent 52

Patent Litigation Patent Infringement Invention 52

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.

Intellectual Property 58

Intellectual Property Invention IP Technology 58

IIPRD

MAY 9, 2024

This has led to the introduction of intellectual property rights which are a set of exclusionary rights as it excludes the world from enjoying a set of rights arising out an invention or creation, except the inventor or creator. Cross-licensing agreements can both restrain and advance competition.

Intellectual Property Law 59

Intellectual Property Law Intellectual Property Licensing Law 59

IP and Legal Filings

FEBRUARY 23, 2023

They provide the creator a sole, time-limited right to make use of their invention. Patents, trademarks, geographical indications, industrial designs, layout-designs of integrated circuits, plant variety protection, and copyright are all examples of intellectual property. Paramasivam & Ors. [i]

Intellectual Property 83

Intellectual Property Confidentiality Litigation IP 83

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

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Trademark Registration Copyright Patent 59

LexBlog IP

APRIL 19, 2023

Amazon sellers must understand the major forms of intellectual property –patents, trademarks, and copyrights–and the common pitfalls associated with each form to avoid infringement allegations, storefront disruptions or closures, and even lawsuits. on Amazon or elsewhere) or otherwise publicizing the product.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law IP 52

LexBlog IP

SEPTEMBER 22, 2021

The Office uses discretionary denials to deny institution of challenges to patents when an upcoming trial in district court would address the patent’s validity on the premise that parallel review would be an inefficient use of the PTAB’s resources. Particularly, the Signors point to Apple, Inc. Fintiv, Inc.

Patent 52

Patent Designs Design Marketing 52

The IP Law Blog

JANUARY 12, 2023

Understanding the extent of a company’s IP holdings usually starts with what’s known to the company, such as all registered copyrights, trademarks, or patents, domestic and foreign. Such inventions may be protectable under federal patent laws.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

DECEMBER 30, 2023

The decisions in the first category, i.e., Top 10 IP Cases/Judgements (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 124

IP Copyright Trademark Intellectual Property 124

SpicyIP

MAY 6, 2024

Controller of Patents. The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Case Summaries Rich Products Corporation vs The Controller Of Patents & Anr. Anything we are missing out on?

Trademark 59

Trademark Invention Licensing Patent 59

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. Patent laws acknowledge that patents play a crucial role in facilitating the exchange of goods and services. An example of a standard is ‘Bluetooth’ or ‘mobile phone chargers’.

Patent 52

Patent Licensing Intellectual Property Technology 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

With the spike in economic growth in the battery and electric vehicle (EV) industries, the IP world is seeing a commensurate spike in battery patenting activity. With these technical advances comes an increase in legal activity, including intellectual property (IP) filings and litigation. Fish principals Hyun Jin (HJ) In, Ph.D.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution IP 52

SpicyIP

FEBRUARY 26, 2024

Last week we published 3 posts on the MHC’s interpretation of Section 3(d) in the Novozymes case, DHC’s referral of 3 questions concerning the jurisdiction of High Courts in trademark rectification matters, and DHC’s decision on infringement of product by process claims. Costs of Rs. 1,00,000 as costs.

Trademark 59

Trademark Copyright Registration Designs 59

Patent Trademark Blog

MARCH 18, 2022

Unlike patents, the role of a trademark is not to signify something new, but rather to indicate the source of the product or service. Unlike patents, trademarks do not necessarily need to be registered in order to be protectable. When it comes to new ideas, we’re talking about inventions. Yes, you certainly can.

Intellectual Property 52

Intellectual Property IP Confidentiality Patent Application 52

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. Figure 1: Battery Patent Filings: CPC Class H01M 1.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

LexBlog IP

NOVEMBER 8, 2021

” These chips have become scarce because of various factors, including a global pandemic and difficulties acquiring and enforcing semiconductor chip patents. NPEs include a person or company that “acquires a patent or patent rights but does not practice the patented invention.”

Intellectual Property 52

Intellectual Property Patent Litigation Intellectual Property Law 52

LexBlog IP

MARCH 1, 2022

Patent Rights defined. Other patent search options to consider. A freedom to operate (FTO) study is usually performed on a finalized product design before its release in order to determine if the product, or any of its components, would infringe on any enforceable patents. Patent Rights. When to conduct a search.

Intellectual Property 52

Intellectual Property Art Technology Patent Infringement 52

The IPKat

APRIL 5, 2023

The AmeriKat hunkering down to a belated Christmas meal of kibble Back in the dark depths of January, the great, the good and the cold of patents practitioners were invited to gather at Hogan Lovells’ London office to attend the AIPPI’s annual patent round-up. Moreover, of the 18 patents litigated only six were held to be valid.

Reporting 73

Reporting Patent Patent Infringement Technology 73

SpicyIP

JULY 10, 2023

We also highlighted that the CGPDTM will recruit 553 Patent and Design Examiners with the help of an autonomous organization, the Quality Council of India. For instance, the Delhi High Court directed Oppo to deposit the royalty amount, in its high-profile SEP litigation with Nokia.

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Registration Copyright Infringement Trademark Copyright 98

43(B)log

AUGUST 5, 2021

Bambauer, Everything You Want: The Paradox of Tailored IP Regimes Customized IP has benefits (avoids lowest common denominator [or highest] problem), but also costs: manipulation to shift from one regime to another; colleciton of information by decisionmakers. Bespoke systems are often underutilized by their own designers and outmoded.

IP 45

IP Invention Designs Design 45

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

Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

In 2012, the America Invents Act (AIA) created a mechanism for challenging patents outside of the district court through post-grant review proceedings before the Patent Trial and Appeal Board (PTAB), primarily inter partes reviews (IPRs). Powder Springs Logistics, LLC et al., 1-17-cv-01390-LPS, D.I. 547 at 15-16 (D.

Litigation 52

Litigation Patent Art Licensing 52

The IPKat

OCTOBER 7, 2021

This undertaking obliges SEP owners to be prepared to licence their patents on Fair, Reasonable and Non-Discriminatory (FRAND) terms. For example, in Qualcomm’s 2019 Ninth Circuit opening brief in its litigation against the Federal Trade Commission, Qualcomm contended its “OEM licenses are efficient[.]”

Licensing 57

Licensing Litigation Technology Patent 57

LexBlog IP

APRIL 3, 2023

This is an important decision to review in understanding licensing and litigation of international SEP portfolios. There is some dispute whether an SEP owner is required to negotiate license to individual patents, rather than licensing an entire SEP portfolio. This decision indicates they should.

Licensing 52

Licensing Technology Intellectual Property Patent 52

The IPKat

JANUARY 9, 2022

Over to Adam : "Patents and Technology: Perspective, Truth, and Change WIPO’s Deputy Director-General of Patents & Technology, Ms. Jorgenson also discussed how COVID-19 affected WIPO and the Patent Cooperation Treaty (PCT) system. Adam Ernette (UIC) reports on the seminar. The panel also consisted of Ms.

Reporting 57

Reporting Law IP Patent 57

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

patent applications have mimicked the larger investment in AI technologies, AI-related IP disputes have lagged behind consumer adoption. Even at the Patent Trial and Appeal Board (PTAB) – one of the busiest forums for IP disputes – very few cases directly involve AI technologies. patent litigation.

Law 40

Law Patent Technology Art 40

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation.

Litigation 52

Litigation Settlement Patent Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

The biosimilar pathway was designed to increase competition for biologics and reduce healthcare costs. Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings.

Litigation 52

Litigation Settlement Marketing Marketing 52

43(B)log

AUGUST 12, 2022

Possible solutions to reduce cost/human hours: AI assistance should be designed to provide better understanding of appropriate context. Then: Automated computing investigatation process (not AI). If failed, online dispute resolution/court litigation. Sometimes lab assistants get named on a patent but sometimes not.

Privacy 59

Privacy Inventor IP Government 59

SpicyIP

JANUARY 2, 2022

The decisions in the first category , i.e., Top 10 IP Judgments/Orders (Topicality/Impact) reflect those that we thought were important from a topical point of view and were covered by the media in some way owing to the importance of parties litigating or the issue being considered or for impact on industry and innovation/creativity ecosystem etc.

IP 143

IP Intellectual Property Copyright Trademark 143