SpicyIP

APRIL 3, 2024

Over the course of the last 2 years, we have seen High Courts remand numerous orders (read: reject) to the Indian Patent Office for reconsideration. Controller of Patents is the latest addition in this list of remands on the above grounds. The authors would like to acknowledge an anonymous reader for sharing this development with us.

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SpicyIP

APRIL 10, 2024

Image from here Refuse: (1) to vacate an interim injunction, (2) to remand back to the patent office, and (3) to continue allowance of a patent grant! 2 major concerns stand out here- first, it must be noted that the validity of the suit patent was upheld after a “prima facie” assessment by the Court in the January 2023 order.

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Patent Cease and Desist Invention Art 45

Fish & Richardson Trademark & Copyright Thoughts

JULY 9, 2021

Megan Chacon focuses her practice on complex patent litigation across a wide range of technologies. She currently represents Gilead Sciences, one of the largest and most well-known biotechnology companies in the world, in multiple patent litigation matters. Crystal Culhane draws upon her Ph.D.

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Journalism Due Diligence Business Law 98

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. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

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Patent Intellectual Property Invention Inventor 102

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. 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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2021

The new principals in the firm’s Litigation Group are Matthew Colvin (Dallas); Kelly Allenspach Del Dotto (Delaware); Nitika Gupta Fiorella (Delaware); Conrad A. Matthew Colvin represents clients in complex intellectual property litigation, as well as commercial litigation and Hatch-Waxman matters. Gosen (Twin Cities); Andrew G.

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Patent Prosecution Litigation Due Diligence Technology 75

Patently-O

FEBRUARY 10, 2023

United Cannabis holds a broad marijuana patent – US9730911 – with claims directed to a liquid cannabinoid having 95% of either THC or CBD. In 2018, United Cannabis sued Pure Hemp for patent infringement and Pure Hemp responded with a Walker-Process antitrust counterclaim for asserting a patent known to be invalid.

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Copying Patent Prosecution Invention Art 92

LexBlog IP

NOVEMBER 17, 2022

Yet, many Patent Owners still continue to shoot themselves in the foot when it comes to litigating at the PTAB. First, Patent Owners (NPE’s especially) increasingly rely on litigation trial counsel for PTAB representation. yet, I see this argument in about 80% of Patent Owner filings. Why is that?

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Patent Patent Prosecution Art Litigation 52

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.” § 101. §101. .”

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Law Invention Patent Intellectual Property 52

SpicyIP

JULY 13, 2023

Image from here Issues related to patent quality are pressing and worrying, even a standard measure of monitoring patent quality has been difficult. Of late, even in the EU, there has been an increased focus on the quality of patents in response to the rise of business models centered around patent litigation.

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Patent Application Invention Designs Design 95

Patently-O

JULY 8, 2021

At the behest of several leading Senators, the USPTO has begun a study on the “Current State of Patent Eligibility Jurisprudence.” The agency would like input from various stakeholders, including inventors, owners, investors, licensees, users, and patent attorneys.

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Patent Prosecution Intellectual Property Inventor Invention 95

SpicyIP

DECEMBER 27, 2021

The debate at the crux of the dispute is, or rather was, the dichotomy between deference to the validity of a granted patent vis-a-vis the challenge to its validity and consequently disregarding the exclusivity granted to it, in litigation. The Drug and the patent. The EO patent bears the number IN 233161 (IN 161).

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Patent Art Patent Prosecution Litigation 105

Patently-O

JANUARY 23, 2024

Vanda Pharmaceuticals recently filed a petition for writ of certiorari , asking the Supreme Court to review a May 2023 decision by the Federal Circuit that invalidated claims from four Vanda patents covering methods of treating Non-24-Hour Sleep-Wake Disorder (“Non-24”) using the drug tasimelteon (Hetlioz). Dow Chemical Co.

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Art Invention Patent Prosecution Patent 80

IP Watchdog

JULY 18, 2022

District Court for the District of Delaware, which had granted judgment of non-infringement for Ford Motor Company on three patents owned by Ethanol Boosting Systems, LLC and the Massachusetts Institute of Technology (EBS). The CAFC, with Chief Judge Moore writing, said the district court’s ruling was based on an erroneous claim construction.

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Patent Invention Law Technology 62

IP Watchdog

APRIL 17, 2022

On April 13, 2022, the Federal Court of Australia, on appeal, reversed its 2021 decision that DABUS, an artificial intelligence (AI) machine, qualified as an inventor for a patent application under Australian law. Thaler has filed patent applications in several countries around the world for inventions created by DABUS.

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Inventor Patent Application Invention Patent 128

JIPL Online

APRIL 22, 2021

i] This confusion has a direct impact on the willingness to invent, drug pricing, the recovery of research and development (R&D), and other basic purposes of the Act. [ii]. Here, patent law can be very helpful in determining whether a generic manufacturer satisfies the novelty, usefulness, and non-obviousness standards. Background.

Intellectual Property Law 98

Intellectual Property Law Intellectual Property Litigation Law 98

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 5, 2021

Michael Amon has devoted his career to helping clients resolve their highest-stakes patent infringement disputes. In addition to his litigation work, Amon serves as vice managing principal and pro bono coordinator of Fish’s San Diego office. He also serves on the board of directors of the San Diego Volunteer Lawyer Program.

Journalism 40

Journalism Business Due Diligence Law 40

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. important;}.thegem-template-wrapper.wpb_wrapper.thegem-custom-621e9d93aaa3b116{flex-wrap:

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Intellectual Property Art Technology Patent Infringement 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

The United States Patent and Trademark Office (USPTO) typically rejects cannabis trademark applications on one or more of the following legal grounds: The Controlled Substances Act , which prohibits the manufacture and distribution of cannabis products containing more than 0.3% Patent Prosecution. Patent Litigation.

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IP Registration Trademark Branding 52

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 21, 2020

Blockchain and cryptocurrency technologies are rapidly expanding throughout the world – and with that rapid expansion has come a growing interest in IP protection for blockchain and cryptocurrency inventions. Patenting innovations in blockchain technology. USPTO statistics confirm blockchain’s ascendance.

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Technology Copying Invention Patent Prosecution 76

SpicyIP

FEBRUARY 15, 2023

the Controller of Patents. The ratio set by them are so diverse that, in an adversarial proceeding such as patent prosecution or litigation, the opposite parties may pick their respective chosen or desired positions based on any of them, and no clear conclusion could be arrived at.

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Invention Patent Application Patent Patent Prosecution 98

Patently-O

MAY 15, 2024

This wave of RFCs includes significant proposals aimed at adjusting patent fees for fiscal year 2025, refining terminal disclaimer practices, and addressing the impact of artificial intelligence on prior art and patentability. See, Dennis Crouch, USPTO Fees: Targeted Higher Fees to Push for Compact , Patently-O (Apr.

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Art Intellectual Property Designs Design 44

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.

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Intellectual Property Litigation Patent Prosecution IP 52

Patently-O

NOVEMBER 6, 2023

Part of the issue here is that most Federal Circuit judges have construed thousands of patents and are deeply immersed in the law of claim construction — while most district court judges see claim construction as a small part of a patent case, which itself is a small part of their overall docket. Patent Nos. 0.1, ± 0.01

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Patent Application Patent Prosecution Patent Inventor 67

Patently-O

OCTOBER 27, 2023

Typically, patentees are seeking narrow claim construction in order to better differentiate the patent claims from the asserted prior art. And, although a patentee could expressly amend the claims, such an action could create problems in litigation such as eliminating back damages and potentially creating an estoppel problem.

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Patent Prosecution Art Patent Invention 62

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. Hons) student at Hidayatullah National Law University, Raipur.

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IP Trademark Advertising Advertising 59

SpicyIP

JANUARY 18, 2023

As some readers may have noticed, there was recently a report published by Hidayatullah National Law University, Raipur on patent oppositions. The report was also presented to DPIIT with suggestions on streamlining patent opposition process and enabling ease of doing business in India. Views expressed in the post are his own.

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Patent Application Reporting Public Domain Patent 141

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.” Now they’re claiming to have legal rights to stop that when others do it.

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Designs Design Design Patent Branding 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.

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IP Intellectual Property Copyright Trademark 143

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.

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Intellectual Property Technology Journalism IP 52