IP Law 360

APRIL 19, 2024

With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes and Boone.

Patent Prosecution 52

Patent Prosecution Patent Litigation 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 28, 2022

Managing Intellectual Property magazine has announced that Fish & Richardson has been shortlisted in seven categories in the 2022 Managing IP Americas Awards. In addition, six of the firm’s principals have been shortlisted for individual recognition in the “Litigator of the Year” or “Practitioner of the Year” categories.

IP 52

IP Patent Prosecution Litigation Intellectual Property 52

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. Read the full article on Managing IP. Inventorship in the US is a critical component of patent ownership.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

IPilogue

JANUARY 14, 2022

Pina D’Agostino is the Founder and Director of IP Osgoode, the IP Intensive Program, and the IP Innovation Clinic, the Founder and Editor-in-Chief of the IPilogue, the Deputy Editor of the Intellectual Property Journal, and an Associate Professor at Osgoode Hall Law School. Patent Prosecution History Now Admissible as Evidence.

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IP Copyright Infringement Inventor Intellectual Property 106

JD Supra Law

MARCH 29, 2023

Supreme Court is considering whether an Amgen patent is invalid for not meeting the enablement requirements of Section 112(a). It claims antibodies by functional antigen binding and does not disclose the full range of antibody sequences.

Patent Prosecution 55

Patent Prosecution Patent Litigation IP 55

Patently-O

AUGUST 8, 2021

Recent Headlines in the IP World: Mikey Campbell: Apple Challenges Patent Troll Targeting Maps Navigation (Source: Apple Insider). Blake Brittain: Apple Must Face Apple Watch Patent Claims, Fed Circ. Klarquist Sparkman, LLP – Computer Science Patent Attorney/Agent. Klarquist Sparkman, LLP – Litigation/IPR Associate.

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Patent Troll Patent Prosecution Patent Journalism 87

Patently-O

AUGUST 22, 2021

Recent Headlines in the IP World: David Waldman and Natalya Rudma: Adial Pharmaceuticals Awarded U.S. and International Patents for the Treatment Of Alcohol and Opioid Use Disorders Using AD04 (Source: Yahoo Finance). Daisuke Wakabayashi: Google Infringed on Patents Owned by Sonos, a Trade Judge Says (Source: The New York Times).

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Intellectual Property Patent Patent Prosecution Journalism 113

Patently-O

DECEMBER 5, 2023

by Dennis Crouch I’m excited that my next patent-law event will be the IP CLE Conference, January 7-10, 2024 at the Viewline in Snowmass, Colorado. Judge Stoll will separately join Erika Arner (Finnegan) for what looks to be an interesting discussion on IPR/Infringement litigation interplay.

Intellectual Property Law 67

Intellectual Property Law Patent Prosecution Intellectual Property Patent Law 67

Fish & Richardson Trademark & Copyright Thoughts

APRIL 12, 2021

Fish & Richardson was named the 2021 IP Boutique Firm of the Year and International Trade Commission (“ITC”) Firm of the Year by Managing Intellectual Property magazine, as well as the regional Patent Contentious (West) Firm of the Year. district court and ITC bench trials.

Intellectual Property 52

Intellectual Property IP Due Diligence Litigation 52

IP Law 360

MAY 26, 2022

A Utah federal judge has barred Maschoff Brennan attorneys from certain patent prosecution for Lifetime Products during infringement litigation that provides it with access to a direct competitor's confidential technical information.

Patent Prosecution 40

Patent Prosecution Confidentiality Litigation IP 40

Patently-O

JULY 23, 2022

Recent Headlines in the IP World: Jonathan Stempel: Cisco Wins Reversal of $2.75-Billion Richard Lawler: Supreme Court Rejects Apple’s Bid To Continue Fighting Over Two Qualcomm Patents (Source: The Verge). David Phelan: Apple To Transform Apple Pencil 3 In Huge Upgrade, Patent Reveals (Source: Forbes). Unified Patents.

Intellectual Property 62

Intellectual Property Patent Patent Prosecution Patent Drafting 62

Patently-O

NOVEMBER 7, 2021

Recent Headlines in the IP World: Blake Brittain: Senators Slam Albright Over ‘Extreme Concentration’ of Patent Cases (Source: Reuters). Smart & Biggar: Supreme Court of Canada Denies Leave Regarding Lisdexamfetamine Patent Decision (Source: JD Supra). New Job Postings on Patently-O: Daikin NA.

Patent Prosecution 67

Patent Prosecution Patent Journalism Intellectual Property 67

LexBlog IP

MAY 18, 2022

Topics covered at this year’s event include the following: Patent prosecution. IP Practice in Latin America. Cross-border issues in IP litigation. Corporate litigation. For information on other IP professional events that have taken place over the past year, please refer to our events page.

Patent Prosecution 52

Patent Prosecution Privacy Intellectual Property Government 52

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. The decisions we (arbitrarily!)

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Litigation Law Patent Invention 82

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.

Patent Prosecution 75

Patent Prosecution Litigation Due Diligence Technology 75

IP Law 360

SEPTEMBER 5, 2023

Attorneys at Holland & Knight offer tips for patent prosecution professionals and litigators regarding claims of performance criteria and product attributes that can trigger invalidity under the two-step Alice test.

Patent Prosecution 40

Patent Prosecution Litigation Patent 40

Patently-O

FEBRUARY 6, 2022

Recent Headlines in the IP World: Kate O’Flaherty: Apple Patent Hints At Ground-Breaking New AirPods Feature (Source: Forbes). Ben Lovejoy: Ericsson Trying to Ban Reselling in Brazil; Apple Tries to Invalidate Ericsson Patents (Source: 9to5 Mac). Billion Caltech Patent Case (Source: Reuters). Sheridan Ross P.C.

Patent 51

Patent Patent Prosecution Journalism Intellectual Property 51

IP Watchdog

NOVEMBER 1, 2023

Specifically, the CAFC said the district court erred by relying heavily on the patent prosecution history statements for a related patent that had been cited in the information disclosure statement (IDS) during supplemental examination of one of the patents-in-suit to inform its construction of the term in question.

Patent Prosecution 59

Patent Prosecution Patent Patent Infringement Litigation 59

SpicyIP

JANUARY 2, 2022

Continuing our annual tradition of recounting the significant developments that impacted the Indian IP landscape in the year that has been, we bring you a round-up of 2021’s developments. This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact).

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IP Intellectual Property Copyright Trademark 143

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Courts.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 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. Relying on the decision in Dominos Ip Holder LLC & Anr.

IP 59

IP Trademark Advertising Advertising 59

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 23, 2022

Mok is a principal in Fish’s New York office and focuses his practice on IP litigation and counseling for domestic and international companies. Her practice focuses primarily on patent litigation, and she has experience litigating patents in the fields of biotechnology, medical devices, financial services, and computer software.

Patent Prosecution 52

Patent Prosecution Litigation Designs Design 52

IP Watchdog

SEPTEMBER 2, 2021

for infringement of the ‘197 patent under the Hatch-Waxman Act, but the district court found that the Belcher Chief Science Officer withheld material information from the U.S. Patent and Trademark Office (USPTO) during patent prosecution, and the CAFC affirmed. Belcher brought the suit against Hospira, Inc.

Patent Prosecution 134

Patent Prosecution Patent Trademark Patent Infringement 134

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. Ralph Phillips , and Daniel Tishman explore this growth and discuss considerations for companies protecting and defending their IP.

Intellectual Property 52

Intellectual Property Litigation Patent Prosecution IP 52

IP Watchdog

JUNE 19, 2023

The impact of the long-awaited launch of the Unified Patent Court (UPC) is hard to overstate. While litigators and patent portfolio managers are immediately feeling the impact in Europe, surprisingly, they should also expect an impact on information disclosure statement (IDS) strategy for U.S. patent applications.

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Patent Application Patent Litigation Patent Prosecution 122

Patently-O

JULY 8, 2021

This includes patent prosecution, enforcement, R&D, employment, innovation, sales, competition, etc. Explain if US eligibility doctrine has shifted IP strategy toward trade secrecy. Explain if US eligibility doctrine has shifted how you license or purchase patents.

Patent Prosecution 95

Patent Prosecution Intellectual Property Inventor Invention 95

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. PDF copy available.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

IP Law 360

OCTOBER 13, 2021

Daikin, holding that the Patent Trial and Appeal Board disregarded prior art teachings in deciding that claims were obvious, reveals how the teaching-away and commercial-success doctrines provide strong arguments to overcome obviousness during patent prosecution or litigation, say attorneys at BCLP.

Patent Prosecution 40

Patent Prosecution Patent Art Litigation 40

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. Whether in speeches, conferences, or articles, no subject engendered more IP conversation. If there was a rock-star matter in the patent world, it was the debate over trolls. Start with the sheer volume of patent applications. Focusing on the U.S.,

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Patent Troll Patent Litigation Inventor 122

JIPL Online

APRIL 22, 2021

Litigation surrounding the three-year market exclusivity provision shows us not only how inherently ambiguous the provision is but also the need for a clearly defined standard. Hopefully, with these suggestions, litigation surrounding this inherently ambiguous statute will diminish. Policy considerations. products.” [xix]

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Intellectual Property Law Intellectual Property Litigation Law 98

IP Watchdog

JUNE 20, 2023

For example, receiving compensation from those who use patented designs without permission often requires patent owners (e.g., inventors) to send cease and desist letters, file complaints in federal district court, and at times endure patent litigation to its completion.

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Cease and Desist Inventor Patent Litigation 128

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 16, 2022

Developing patent prosecution strategies to facilitate compliance with the Notice. Reviewing your patent prosecution files for cases of strategic importance to your company. Striking the right balance between navigating ethical walls between teams and avoiding “walling off” between the teams.

Patent Prosecution 76

Patent Prosecution Due Diligence Reporting Inventor 76

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

As with any growing industry, cannabis stakeholders are eager to protect their valuable intellectual property (IP) rights, but their ability to obtain comprehensive IP protection and enforce their IP rights is sometimes in conflict with federal drug law. Patent Prosecution. Patent Litigation.

IP 52

IP Registration Trademark Branding 52

IP Watchdog

JANUARY 15, 2023

Udupa, whose appointment was announced in December, comes to the USPTO after serving the last seven years as the head of litigation for Hewlett Packard Enterprise, where she was responsible for heading HPE’s intellectual property litigation and formulating case strategies.

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Intellectual Property Patent Litigation Trademark 115

IP Watchdog

OCTOBER 11, 2021

From this finding, the Surgisil court appears to extrapolate a symmetry by which a design for an artist’s stump is both ineligible for citation against Applicant’s lip implant in patent prosecution and also not covered in a putative enforcement of Applicant’s design.

Patent Application 72

Patent Application Patent Prosecution Art Patent 72

IP Watchdog

MAY 17, 2022

Supreme Court asking the Justices to weigh in on his challenge of a policy he alleges the USPTO implemented in the 1990s to categorically deny him issuance of any additional patents. Hyatt has been embroiled in litigation with the USPTO for decades and won a previous Supreme Court appeal in 2012. .

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Inventor Litigation Trademark Patent 115

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. This is not the same question litigated in the district court. Why is that?

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Patent Patent Prosecution Art Litigation 52