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Revolution Rope Inventor Tells Justices She Deserves Her Day in Article III Court

IP Watchdog

The inventor of a novel jump rope system (the Revolution Rope), Molly Metz, argued in a reply brief to the U.S. Patent and Trademark Office (USPTO).

Inventor 124
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SCOTUS to Consider Granting Centripetal’s Cert Petition in Patent Infringement Qua Judicial Recusal Case

IP Watchdog

What began as a patent infringement case has swerved into judicial ethics waters, due to the ruling of the Federal Circuit Court of Appeals. Patent and Trademark Office (USPTO). The U.S.

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The CAFC Hands Down Another Decision Demonstrating Its Misguided View of Obviousness

IP Watchdog

citizen, sued Xiaomi, a Chinese multinational corporation, for patent infringement in New York. Later, Microsoft, naming Xiaomi as the real party in interest, filed an Inter Partes Review (IPR) with the Patent Trial and Appeal Board (PTAB). I attended the hearing at the U.S.

Inventor 121
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Hughes Dissents in Partial Win for Inventor Against Google at CAFC

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision in part reversing and in part affirming a district court’s dismissal of an inventor’s patent infringement suit against Google under Federal Rule of Civil Procedure12(b)(6). The U.S.

Inventor 116
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RALIA Is Economic Suicide: A Reply to the Critics

IP Watchdog

Paul Morinville, Founder of US Inventor, recently published a response to my column criticizing RALIA, a bill in Congress that would abolish the Patent Trial and Appeal Board (PTAB).

Inventor 116
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Inventor Asks SCOTUS to Consider Patent Eligibility Again, Distinguishing Case from American Axle

IP Watchdog

Neapco just a few days earlier, inventor David Tropp on July 5 again asked the Court to unravel U.S. patent eligibility law. Courts Federal Circuit IP News IPWatchdog Articles Litigation Patents Technology & Innovation US Supreme Court Alice Corp. Despite the U.S.

Inventor 112
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SCOTUS to Consider Centripetal’s Cert Petition in Patent Infringement Qua Judicial Recusal Case

IP Watchdog

What began as a patent infringement case has swerved into judicial ethics waters, due to the ruling of the Federal Circuit Court of Appeals. Patent and Trademark Office (USPTO). The U.S.

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Thomas Edison and the Consumer Welfare Benefits of Patent Enforcement

IP Watchdog

Would you believe the following scenario could happen under our patent system?

Inventor 120
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The Pride in Patent Ownership Act is Big Tech Boondoggling

IP Watchdog

The Pride in Patent Ownership Act, S.2774, is currently being attached to the National Defense Authorization Act (NDAA). Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law. Patent and Trademark Office (USPTO) within 120 days.

Ownership 129
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Federal Court Rules that Artificial Intelligence Cannot Be an Inventor under the Patent Act

Delaware Intellectual Property Litigation Blog

In Thaler , the Court confronted, analyzed and answered the question of “can an artificial intelligence machine be an ‘inventor’ under the Patent Act?”

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Amici Back Jump Rope Company in Supreme Court Case

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC) decision upholding a Patent Trial and Appeal Board (PTAB) finding of unpatentability. Three amici filed briefs last week in Jump Rope System’s petition asking the U.S. Supreme Court to review a U.S.

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Jump Rope Company Asks High Court to Weigh in on CAFC Approach to Collateral Estoppel for PTAB Invalidations

IP Watchdog

The inventor of a novel jump rope system (the Revolution Rope), Molly Metz, is petitioning the U.S. Court of Appeals for the Federal Circuit (CAFC) to bar a patent infringement suit in district court where the CAFC has affirmed a Patent Trial and Appeal Board (PTAB) finding of unpatentability.

Inventor 108
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Albright Grants Rare Preliminary Injunction Against Fitness Company

IP Watchdog

Gonza sought both injunctive relief and damages arising out of MCF’s alleged infringement of its U.S. Patent No. 11,007,405 (the ‘405 patent).

Inventor 112
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Government Must Reform the ITC to Keep Pace with Innovation and Curb Trolls

IP Watchdog

Courts Guest Contributors Inventors Information IP News IPWatchdog Articles Legislation Litigation Patents Technology & Innovation Congress innovation intellectual property International Trade Commission ITC legislation patent infringement Patent Litigation Patent Trolls patents technology

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What it Means that Russian Businesses Can Now Legally Steal Intellectual Property from ‘Unfriendly Countries’

IP Watchdog

With this move, businesses in Russia can now violate IP rights, as they no longer need to compensate patent holders from “unfriendly countries.” Russian businesses now hold the key to pilfering, producing and profiting from western technologies.

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CAFC Clarifies Standard for Damages Under Patent Marking Statute

IP Watchdog

District Court for the Central District of California that had awarded damages to Lubby Holdings LLC for patent infringement by Henry Chung. The U.S. Court of Appeals for the Federal Circuit (CAFC), in a precedential opinion authored by Judge Dyk, partially reversed a ruling by the U.S.

Patent 110
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The Scope of Comparison Prior Art in Design Patent Infringement

Patently-O

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. Columbia’s Design Patent No.

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Tillis to Garland/ Kanter: Pursuit of New Draft Policy on SEPs Shows a ‘Failure of innovation Leadership’

IP Watchdog

Patent and Trademark Office (USPTO)-National Institute of Standards and Technology (NIST) Policy Statement on Remedies for Standards-Essential Patents Subject to Voluntary FRAND Commitments. Senator Thom Tillis (R-NC) today sent a second letter to U.S.

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Word Salad, Fact Confusion, and Lawyering: One Take on ParkerVision v. Qualcomm

IP Watchdog

This patent infringement case is potentially one of the largest of the year and is related to very important technology that miniaturized radio frequency (RF) transceivers, thus paving the way for the invention of the smartphone.

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How are damages calculated in patent infringement cases?

IP Blog

Not only does patent infringement forestall individual innovation, but when occurring unimpeded on a broad scale, it also effectively puts entire markets into holding patterns. Patents IP management

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Why is Market Research Important for Patent Protection?

Kashishipr

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation.

Marketing 119
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Assignor Estoppel: When Are Inventors Allowed to Attack Their Own Inventions?

JD Supra Law

An inventor develops an invention, files a patent application and assigns the application for value to the company they founded. Later, the inventor founds another company and develops an improved version of their original invention. Should the inventor be able to do so?

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Supreme Court Upholds, but Limits, Patent Infringement Defense of “Assignor Estoppel”

JD Supra Law

Supreme Court recently decided a case resolving a patent dispute between two medical device companies, Hologic, Inc. The U.S. and Minerva Surgical.

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A Closer, Evidence-Based Look at ‘Patent Quality’ Advocacy

IP Watchdog

The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as a huge problem.

Inventor 144
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CAFC Corrects District Court’s On-Sale Bar Analysis

IP Watchdog

District Court for the District of Pennsylvania’s summary judgment that a medical device design patent was not invalid under the on-sale bar. The district court found the patent was infringed and awarded damages in the amount of $1,247,910. The U.S.

Inventor 116
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Doctrine of Equivalents

IP and Legal Filings

When someone invents something novel, practical, and non-obvious, they may file for a patent. If a nation’s legal system permits this, the patent owner’s protection would instantly lose all value. Introduction.

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All About Provisional Patent Applications

Kashishipr

For easing the mode of filing a patent and claiming the subject matter contained therein, there are two basic approaches, namely provisional patent application and complete patent application. What is a Provisional Patent Application?

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IP Forecast: PayPal Looks To Halt Inventor's Patent Campaign

IP Law 360

District Judge Alan Albright should block a fintech inventor who’s sued Samsung, McDonald's and dozens of others from filing more patent infringement cases, pointing out that he's boasted online about "his strategy to get rich." PayPal will argue next week that U.S.

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Companies Performing Financial Transactions Stuck in GUI Design Patent Infringement Cases

LexBlog IP

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). Two plaintiffs [1] asserted the animated GUI design patents referenced above. Patent No. Patent No.

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Patent Search and its Types in India

Kashishipr

Before we delve into understanding the concept of Patent Search , let us first make ourselves familiar with the definition of a patent. A patent refers to an exclusive right granted by the patent authority of a nation to the inventor or applicant of a unique invention. Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process. Types of Patent Search.

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More Mandamus Maneuvering at the CAFC in Latest Venue Transfer Win for Apple

IP Watchdog

BillJCo owns six patents directed to beacon technology, with Bill Johnson and his son Jason Johnson, who lives in Waco, Texas, named as inventors or co-inventors. The suit was brought against Apple for infringement based on its iBeacon protocol. The U.S.

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Discretionary Remedies Clarified, and Videotron Ltd Successfully Defends Against Much Litigation-Experienced Rovi Guides Inc.

IPilogue

In Rovi Guides Inc v Videotron Ltd , the Federal Court of Canada invalided patents for interactive program guide (“IPG”) technology and clarified a reasonable royalty as the appropriate remedy had the patents been found valid and infringed.

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Patent Assertion Entities: A Boon or a Bane?

Kashishipr

The term ‘Patent Troll’ originated in 1994 in an educational video by Paula Natasha Chavez called the ‘Patents Video.’ The internet has resulted in the era of patent trolls, directly or indirectly. Characteristics of a Patent Assertion Entity.

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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. The right of prior use is also applicable to utility models (article 150 of the Patents Law of 2015 ).

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Gilead and ViiV Healthcare Settle Global Patent Dispute for Over $1B USD

IPilogue

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. Photo by Memed Nurrohmad ( Pixabay ).

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You Can’t Manipulate Venue!

The IP Law Blog

So, for those of you who enjoy hypotheticals, here it is: Company A, a North Carolina LLC, owns four patents. And assume that the Western District of Texas is a very fast and favorable court for plaintiffs in patent infringement cases.)

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District Court Dismiss Inequitable Conduct Claim Alleging Inferred Knowledge of Prior Art Based on Wide Spread Availability

The IP Law Blog

In the case, Plaintiff California Costume Collections (“CCC”) filed its Complaint against Defendant Pandaloon, LLC (“Pandaloon”) for declaratory judgment of non-infringement, invalidity, and unenforceability of U.S. Design Patent No. D806,325 (the “D325 Patent”) for a “Pet Costume.”

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Written Description Remains Critical to Patents

The IP Law Blog

There are many requirements for obtaining a patent. 112(a), the patent must describe the invention in writing. If the written description requirement is not met, the patent won’t be granted. billion for patent infringement was reversed for just this reason.

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Third-Party Complaints Must Shift Liability—Not Defeat It

IP Intelligence

A party sued for patent infringement may seek to shift some or all of its liability through an indemnification claim. Linda’s Leather, LLC, accused Victor Zambrano of patent infringement.

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Patentability Search of Software in India

IP and Legal Filings

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Is Software Patentable? Software patents are one of the oldest patents.

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Federal Circuit Hears Case on Whether an AI-Generated Invention Is Patentable

IP Intelligence

Court of Appeals for the Federal Circuit held oral argument on the issue of whether an invention generated by artificial intelligence (AI) is patentable. The Patent Applications. Patent and Trademark Office (USPTO). On June 6, the U.S.

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The Top Signs That You Should Consult a Patent Attorney

Larson & Larson

So you have a great idea for a product that you have been working on and you want to patent it; but what are your next steps moving forward? Yet, you may find yourself wondering how you will know if you should hire a patent attorney to help you through this process.

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Other Barks and Bites for Friday, October 21: Senators Push Biden to Protect Vaccine IP, Thaler Shot Down Again at CAFC and UPC Confirms 85 Judges

IP Watchdog

Patent and Trademark Office (USPTO) report finds the number of women patent applicants is growing across the country; and legislation passes Congress to stimulate young people’s participation in art and coding.