The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

Patent Troll 122

Patent Troll Patent Litigation Inventor 122

IP Close Up

JANUARY 11, 2022

In the decade since the adoption of the America Invents Act (AIA) patent licensing has become more arduous for many technology companies and independent inventors. Continue reading.

Inventor 104

Inventor Patent Licensing Invention 104

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. A new prohibition on double patenting?

Litigation 82

Litigation Law Patent Invention 82

The IPKat

FEBRUARY 3, 2023

Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?

Litigation 143

Litigation Copying Copyright Designs 143

IP Close Up

JANUARY 6, 2022

In the latest episode of ‘Understanding IP Matters’, which dropped today on leading podcast platforms, award-winning inventor Dan Brown says that the patent winds have shifted and are blowing Continue reading.

Inventor 66

Inventor IP Patent Licensing 66

IP Close Up

MARCH 21, 2023

When it comes to declining respect for intellectual property rights inventors and content creators, such as photographers, musicians and writers, as well as some trademark Continue reading

Inventor 80

Inventor Intellectual Property IP Trademark 80

IP Close Up

JANUARY 13, 2022

Frederick Shelton IV, arguably the most prolific and financially successful inventors ever, is a Johnson & Johnson medical device innovator unknown to pretty much everyone Continue reading.

Inventor 89

Inventor Invention Licensing Litigation 89

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. While one confers rights on inventors to encourage innovation, the other aims to eradicate monopolistic practices and encourages healthy competition in the market.

Patent 52

Patent Licensing Intellectual Property Technology 52

IPilogue

FEBRUARY 7, 2023

A patent protects your intangible property from others’ use, but what happens when patent protection operates in a way that ensures no other innovators can build upon a patented invention? Here we see IP and competition law colliding with blocking patents wielded as an anti-competitive tool. On July 22, 2021, the U.S.

Patent 105

Patent Invention Patent Application Marketing 105

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.

Patent 102

Patent Intellectual Property Invention Inventor 102

LexBlog IP

JULY 31, 2023

Let’s dive into the key points discussed: AI in Patent Law : Yuri discusses the potential of AI in the field of patent law. However, he also points out potential issues, such as the risk of AI being used to train competitors’ AI when drafting patents.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

IP Watchdog

SEPTEMBER 5, 2021

In Part I of this series, we discussed how patent portfolio managers should be careful when generating company-owned prior art or reviewing competitor prior art, and how a patent litigation or licensing campaign can be significantly hamstrung based on how the United States and Europe consider intervening prior art.

Patent 96

Patent Art Patent Application Licensing 96

Velocity of Content

MARCH 16, 2023

As a person involved in copyright on a daily basis, I’ve observed a number of events and requests for comment over the last few years on the issue of whether artificial intelligence (AI) systems can be “authors” in the copyright sense (or inventors of patents). Below are my thoughts on what is interesting about these cases.

Litigation 98

Litigation Fair Use Copying Derivative Work 98

SpicyIP

FEBRUARY 27, 2024

On 5th Feb, a Single Bench (SB) of the Delhi High Court (DHC) overturned a previous order by the Controller General of Patents that had classified the “method of producing ‘protein enriched blood serum’” as a method of treatment under Section 3(i) in The Patents Act, 1970.

Patent 105

Patent Patent Application Invention Reporting 105

LexBlog IP

APRIL 3, 2023

This is an important decision to review in understanding licensing and litigation of international SEP portfolios. This is an important decision to review in understanding licensing and litigation of international SEP portfolios. The decision generally may be viewed as favorable to SEP owners.

Licensing 52

Licensing Technology Intellectual Property Patent 52

IPilogue

APRIL 22, 2022

Patent 8,129,385 (“patent 385”). ViiV alleges Gilead infringed upon patent 385 under the doctrine of equivalents, which has two exclusions: dedication-disclosure and specific exclusion. The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention.

Patent 120

Patent Settlement Invention Inventor 120

SpicyIP

AUGUST 6, 2021

To quickly recap the arguments, AstraZeneca claims that sale of Dapagliflozin violates not one but two of its patents: the genus IN 205147 (IN 147) which expired in October 2020, and the species IN 235625 (IN 625) set to expire in 2023. One invention, two patents? Quite like the order by Shakdher J., Quite like the order by Shakdher J.,

Patent 134

Patent Invention Inventor Law 134

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.

Patent 72

Patent Patent Application Intellectual Property Law 72

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.

Law 109

Law Patent Invention Intellectual Property 109

Plagiarism Today

OCTOBER 19, 2022

github copilot, with "public code" blocked, emits large chunks of my copyrighted code, with no attribution, no LGPL license. However, the Copilot version did not come with the LGPL license, a requirement of using code under that license, nor was there any indication that it was copied. My code on left, github on right.

Licensing 224

Licensing Copying Fair Use Litigation 224

LexBlog IP

MARCH 10, 2023

Do You Need Multiple Patents for a Single, Multi-Use Invention? If your invention has multiple innovations or components, you may be wondering whether to file separate patent applications for each innovation or file one application for the entire invention. This decision can impact your intellectual property and licensing flexibility.

Invention 52

Invention Patent Application Patent Licensing 52

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.

Invention 79

Invention Licensing Patent Inventor 79

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. However, different countries have different patentability requirements and prosecution schemes, and these differences.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

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.

Patent Prosecution 95

Patent Prosecution Intellectual Property Inventor Invention 95

Kashishipr

FEBRUARY 2, 2022

According to various studies and reports, 80% of the patents issued stay unutilized. Let us consider the example of patents in an IP portfolio to have a better understanding. Patents that become outdated with time and need not be maintained or renewed to save on the corresponding costs involved.

Branding 98

Branding Brands Branding Business 98

Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. Bottom line, no patent cases were decided by the Court in the 2021-2022 term and none were granted certiorari for the new term starting this week. Of the 17 pending patent-focused petitions, 13 are set to be decided at the long conference.

Patent Law 125

Patent Law Law Patent Invention 125

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Patents and the Magical World of Psychedelics by Bonnie Hassanzadeh. Introducing the College of Patent Agents & Trademark Agents. First Time Interpreting Patent Agent Privilege. David Vaver.

IP 106

IP Copyright Infringement Inventor Intellectual Property 106

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. .”

Law 52

Law Invention Patent Intellectual Property 52

43(B)log

FEBRUARY 2, 2024

We’ve funneled IP protection for AI generated inventions/information to trade secrecy w/o patent or copyright for human authors/inventors. Instead, proposes trust but verify: register to certify compliance with regulations, including limited government inspection, similar to source code review in litigation.

Social Media 59

Social Media Government Editing Litigation 59

Patently-O

MARCH 31, 2024

27, 2024), involved patents relating to tamper-resistant and tamper-evident food containers. Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. Lacerta Group, LLC , No.

Invention 58

Invention Copying Licensing Art 58

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

Principal Adam Shartzer and Associate Josh Carrigan authored Expert Analysis for Law360 examining a fee-shifting statute for patent cases that allows prevailing parties to recover their reasonable attorney fees in exceptional patent infringement cases. A fee-shifting statute for patent cases under Title 35 of the U.S.

Patent 52

Patent Litigation Patent Infringement Inventor 52

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

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

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. These rights encompass various forms of intangible assets, including patents, trademarks, copyrights, and trade secrets.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

LexBlog IP

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. See our prior post discussing some of the patentability issues for AI.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

Trading Secrets

NOVEMBER 2, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. See our prior post discussing some of the patentability issues for AI.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

LexBlog IP

NOVEMBER 1, 2023

Patent and Trademark Office to provide guidance on IP risks and related regulation to address emerging issues related to AI. Patent Law President Biden’s directive instructs the Under Secretary of Commerce for Intellectual Property and Director of the U.S. See our prior post discussing some of the patentability issues for AI.

Copyright 52

Copyright Intellectual Property Fair Use IP 52

The IPKat

JULY 30, 2021

For his parting post, he returns to Germany and patent injunctions. As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ]. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95