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Patent application attorney vs. patent litigation lawyer: What are the differences?

Patent Trademark Blog

What is a patent application attorney (patent prosecutor) versus a patent litigator? Patent practitioners generally fall under one of two practice areas: 1) patent litigation, or 2) patent prosecution. Are patent litigators required to be registered to practice before the USPTO?

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Keeping up with Belgian patent litigation: Year case law review 2021

The IPKat

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?

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Texas Patent Litigation Monthly Wrap-Up: September 2022

Fish & Richardson Trademark & Copyright Thoughts

in the Eastern District of Texas for infringement of six patents generally related to acoustic noise suppression functionalities. [1] Plaintiff Westport Fuel Systems Canada (“Westport”) sued Mercedes-Benz USA, LLC (“MBUSA”) for patent infringement, and MBUSA subsequently moved to dismiss the case for improper venue.

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Federal Circuit Weighs in on Parameters for Prosecution Disclaimer

IP Watchdog

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.

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Patent Eligibility Jurisprudence

Patently-O

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
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USPTO Requests Input on Patent Eligibility from Critical Sectors Impacted by Current Law

The IP Law Blog

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
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Federal Circuit Upholds Delaware Court’s Inequitable Conduct Analysis

IP Watchdog

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. 9,283,197 unenforceable.