The IP Law Blog

MARCH 16, 2023

I recently wrote about the patent infringement lawsuit filed by Moderna against Pfizer/BioNTech over the COVID-19 vaccine. In its complaint filed in federal district court in Boston last August, Moderna alleged that Pfizer/BioNTech infringed three of Moderna’s patents in developing the Pfizer/BioNTech COVID-19 vaccine.

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SpicyIP

JULY 25, 2023

Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Section 3 of the Patents Act, 1970 is the key section on “patent eligibility” and lists out what are not “inventions”. For mRNA, sections 3(c), 3(d), 3(i) and 3(j) are of relevance.

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Patent Trademark Blog

JUNE 20, 2023

The argument is that flat rate patent lawyers would be tempted to do less work for a fixed fee. Patent lawyers may be tempted to bill more hours in working on a patent application. This principle applies whether the work is coming from a hourly or flat rate patent attorney.

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Kashishipr

MAY 5, 2021

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ ’ A patent troll is a term used for describing a company that uses Patent Infringement claims to win arguments and court judgments for profit or to stifle competition.

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Patently-O

OCTOBER 5, 2021

Like the dissenting judge on the panel, several of the opinions denying rehearing en banc faulted the panel majority for establishing a new “nothing more” test—if the claimed invention “clearly invokes a natural law, and nothing more, to accomplish a desired result”—for patent ineligibility. patent enforcement and litigation; c.

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LexBlog IP

JUNE 9, 2022

In order to obtain a design patent, the applicant must file a patent application. The patent application consists of a set of detailed drawings of all views of the article showing the design. If a design patent application is allowed, the design patent has a term of 15 years from the date the patent issues.

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The IP Law Blog

JUNE 9, 2022

In order to obtain a design patent, the applicant must file a patent application. The patent application consists of a set of detailed drawings of all views of the article showing the design. If a design patent application is allowed, the design patent has a term of 15 years from the date the patent issues.

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Design Patent Designs Design Patent 52

LexBlog IP

OCTOBER 18, 2021

The case arises out of a 2018 lawsuit, in which four self-described inventors of DNA Arrays brought suit against Illumina, a “multibillion-dollar, global player in genetic analysis,” alleging that Illumina and its associates conspired to steal Petitioner’s trade secrets and covertly conceal the information in patent applications.

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LexBlog IP

MARCH 16, 2023

I recently wrote about the patent infringement lawsuit filed by Moderna against Pfizer/BioNTech over the COVID-19 vaccine. In its complaint filed in federal district court in Boston last August, Moderna alleged that Pfizer/BioNTech infringed three of Moderna’s patents in developing the Pfizer/BioNTech COVID-19 vaccine.

Technology 52

Technology Licensing Patent Application Patent Infringement 52

LexBlog IP

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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SpicyIP

SEPTEMBER 25, 2023

On one hand, they can lead to an amicable settlement between the parties and prevent lengthy litigations. The defendant asserted that the invention lacked novel hardware and was primarily software-based, making it ineligible for patent protection. What’s the best way forward? Roshan Santhalia shares his perspective.

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LexBlog IP

DECEMBER 15, 2023

Allgenesis also asserted settlement conversations as evidence of a likelihood of litigation for patent infringement when Allgenesis brings its product to market. However, the Federal Circuit rejected this argument and determined that Allgenesis did not establish that the Board’s decision will have preclusive effect.

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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.

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More Than Your Mark

NOVEMBER 30, 2018

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.” In short, a substance’s Schedule I classification is irrelevant to its patentability. United Cannabis Corp.

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Patent Invention Patent Infringement Blogging 52

The IPKat

APRIL 5, 2023

There were 17 Patents Court judgments in 2022, eight of which were written by Meade J. Moreover, of the 18 patents litigated only six were held to be valid. Appealing patents also remains a tough game with only one successful appeal in 2022. Over to Sam : "Ahead of the starters, some statistics appetisers were served.

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Reporting Patent Patent Infringement Technology 73

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

The USPTO is willing to issue patents on cannabis irrespective of its legality because patent rights are merely negative rights; a patent is the right to exclude others from the invention claimed therein rather than a license to make, use, or sell the invention. Patent Litigation.

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Patently-O

JANUARY 12, 2023

It is also unnecessary to patent underlying pathogenic sequences in order to protect novel and innovative technologies such as diagnostics, vaccines and therapeutics. For example, Regeneron filed more than 100 patent applications around the world on its Ebola drug Inmazeb, though the viral sequence was freely available on GenBank.

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SpicyIP

MARCH 25, 2024

Zydus Lifesciences Limited, on 13 March 2024 (Delhi High Court ) The case centered on the establishment of a confidentiality club in a biosimilar litigation dispute. However, the Appellants filed an application seeking leave to submit an auxiliary claim. Image from here F- Hoffmann -La Roche Ag & Anr v. Baxalta Incorporated v.

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SpicyIP

JULY 23, 2023

We also came across interesting orders from different high courts, notably the Delhi High Court decision on RX Prime and Canva’s patent infringement dispute and two orders on visual similarity between the competing marks. The court further held that the plaintiff’s product is inventive over the cited prior art.

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Trademark IP Higher Education Moral Rights 98

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. . The transition to a first inventor to file system was needed to harmonize the U.S. with the rest of the world.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 18, 2020

And these statutes and administrative rules are often the subject of litigation and require judicial interpretation and application. This lag is already becoming apparent in the autonomous vehicle (AV) industry. Below is Part II of our AV series focusing on the legal challenges and opportunities facing the AV industry. Regulatory.

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SpicyIP

JANUARY 23, 2023

Other Posts COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna. Banijay Asia and Anr.

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Designs Design Invention Registration 105

Patent Trademark Blog

MARCH 30, 2022

Roughly 90% of utility patent applications will get rejected at least once. When it comes to utility patent applications, rejections come with the territory. Expect at least one Office Action in your nonprovisional patent application. How to Review a Draft Office Action Response.

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Patently-O

JANUARY 16, 2022

Chief Justice Roberts Pledges to Review Patent Venue Rules (Source: Reuters). Ryan Selby: PODA Granted US Patent for Closed Bottom Vaporizer Pod (Source: Cision). Nike Sues Lululemon for Patent Infringement Over Mirror Home Gym (Source: Global News). Fellows and Associates – Patent Attorney (Chemistry).

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SpicyIP

AUGUST 15, 2021

The next argument raised by the defendant was a challenge based on Section 64(1)(a) as per which a patent can be revoked where the invention has been claimed in a patent of an earlier priority date. Based on this, the court held publication would entail disclosure in a prior patent. Anticipation by Prior Claiming.

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Invention Patent Publishing Patent Infringement 52

SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Cisco Wins Patent Infringement Case Leading $2.75

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

10 YEARS AFTER THE AMERICA INVENTS ACT (AIA), THE PATENT TRIAL AND APPEAL BOARD (PTAB) ENDURES. In Arthrex , a 5-4 majority concluded that the America Invents Act’s 35 U.S.C. § Reynolds filed a “ Notice of Sotera Stipulation Filing ” on July 23, 2021 in its parallel district court litigation in the Eastern District of Virginia.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Patent Prosecution, Portfolio, and Strategic Patenting Considerations.

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