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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Patent Trademark Blog

JUNE 20, 2023

So here are some questions to ask a flat rate patent attorney about the quality of the utility application that they might prepare: Will the patent attorney try to go for broader claims? If so, are you prepared for the inevitable rejections and the cost of filing multiple Office Action responses ? How do you choose?

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More Than Your Mark

NOVEMBER 30, 2018

Patentability. The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. United Cannabis Corp. Pure Hemp Collective Inc.

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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. Last week we published a literature review cum blog post on Artificial Intelligence and IP. Wine/Spirits.’

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IP Intelligence

DECEMBER 22, 2021

Patent and Trademark Office (USPTO) issued a precedential Final Order for Sanctions against Chinese practitioner and law firm Yusha Zhang and Shenzhen Huanyee Intellectual Property Co., 2.193 until engaging counsel” and were now taking corrective action. 10, 2021, the U.S. See Report at 3.

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IP Tech Blog

FEBRUARY 24, 2022

holding that, in a non-disclosure agreement (NDA) that expressly excludes a license grant, a FSC does not prohibit a patent infringement defendant from filing inter partes review (IPR) petitions. Six years later, Kannuu sued Samsung in the Southern District of New York, alleging patent infringement and breach of the NDA.

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LexBlog IP

NOVEMBER 18, 2021

District Court for the Northern District of California, the Court upheld the Patent Trial and Appeal Board’s (PTAB) practice of denying patent reviews due to looming trials in district court. An IPR functions similar to a civil litigation once instituted. Under the America Invents Act (AIA), 35 U.S.C. §

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Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] Patent assertion finance today is a multibillion-dollar business. [2] 2] Virtually nonexistent in the patent space in the U.S. Patent assertion finance today is a multibillion-dollar business. [2]

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

In November 2019, the agency sent warning letters to 15 companies, but it has taken little further action since then. Trademark protection is available for cannabis companies (canna-brands) through a combination of federal, state, and common law sources. Patent Prosecution. THC – even if such products are legal under state law.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 4, 2021

1] a Federal Circuit panel in 2019 held that Patent Trial and Appeal Board judges were “principal” officers who needed to be appointed by the president and confirmed by the U.S. Patent and Trademark Office. Smith & Nephew Inc.,[1] Senate, but they had not been. Nike Inc.,[6]

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More Than Your Mark

FEBRUARY 11, 2019

Despite the widely diverging needs of the different industries that make use of the US patent system, US patent law applies essentially the same rules to innovations from all technology fields. Orange Book – NDA sponsors to identify patents it believes cover its drug, which the FDA lists in the Orange Book. 35 U.S.C. §

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 18, 2020

Congressional action can also result in statutory changes to the law, but statutes are usually slow to passage and require additional rule-making by administrative agencies before they are fully fleshed out. And these statutes and administrative rules are often the subject of litigation and require judicial interpretation and application.

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Patent Trademark Blog

JUNE 8, 2023

Excuse 1: Your Patent Application Has Been Rejected (for the first time) It can be frustrating to have your patent application rejected by the USPTO. Before firing your patent lawyer, recognize that Office Actions are normal in utility patent applications. Have they handled Amazon patent disputes ?

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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. Sidhi is a final year B.A. Read Yogesh’s post on this.

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SpicyIP

JANUARY 16, 2023

On the proposed amendments to the Patent Act, inter alia she argues against dilution of the criminal penalties for non- compliance with patent working requirements, highlighting the importance of the “working” requirements within the patent regime of the country.

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Patent Trademark Blog

MARCH 30, 2022

How to Review a Draft Office Action Response. 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.

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Patently-O

DECEMBER 28, 2022

The action would allege both (1) Federal Patent Infringement; and (2) Unfair Competition (based upon Texas state law). One note, Dryson’s attorneys believes that it has a good claim of Patent Infringement against all three parties, but the Unfair Competition claim would only be filed against two of the defendants.

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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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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

6 grants “unreviewable authority” within the executive branch to Administrative Patent Judges (APJs) “incompatible with their status as inferior officers” under the Appointments Clause of the United States Constitution. In Arthrex , a 5-4 majority concluded that the America Invents Act’s 35 U.S.C. § In Sotera Wireless, Inc.

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Technology & Marketing Law Blog

MARCH 7, 2022

Readers who are already familiar with the facts of the case and the advantages of registration may skip to “Fraud on the Copyright Office” below.). The one actually litigated in the case (these images come from the complaint) is here.) A jury agreed, finding that H&M had willfully infringed Unicolors’s fabric design.

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LexBlog IP

JANUARY 5, 2022

994 (2020) , a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened. Cooper, 140 S.Ct. ” Flynn, Queen Anne’s Revenge, Indeed! Copyright Conundrums, Sovereign States, and IP Piracy (2020). Second, Golden v. 3d 981, 987 (Fed.

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SpicyIP

NOVEMBER 21, 2022

Pharmaceutical Trademark Confusion: Poison Pill or Public Health? The Court opined that since the case is regarding a quia timet action with apprehension of the launch of infringing products in Delhi and also because the principal place of Plaintiff’s business is Delhi, it has the territorial jurisdiction.

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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.

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LexBlog IP

JUNE 7, 2023

SEP holders seeking to license their SEPs for royalties and to enforce them in the EU would have to register the patents in a SEP register. It inevitably introduces a margin of error, as a sample size must include thousands of patents to be meaningful. [17] Essentiality checks do not eliminate litigation.

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