Patent Trademark Blog

FEBRUARY 9, 2022

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?

Patent Application 52

Patent Application Litigation Patent Prosecution Patent 52

JD Supra Law

SEPTEMBER 6, 2023

Patent practitioners of all stripes should take heed of the recent decision by the U.S. The decision has direct implications for strategies in patent portfolio management, patent prosecution, patent litigation, and transactions involving patent assets. Federal Circuit in In re Cellect.

Patent Prosecution 63

Patent Prosecution Patent Litigation 63

LexBlog IP

DECEMBER 7, 2023

Miller provides guidance to legal departments that are responsible for maintaining a global patent portfolio. Summarized in five tips for in-house counsel, Miller looks at ways to maximize patent filings to save time and money. It begins with “universal” patent application disclosures. The firm also ranks No.

Patent Prosecution 52

Patent Prosecution Intellectual Property Law Patent Intellectual Property 52

JD Supra Law

MAY 11, 2023

Patent and Trademark Office requires that patent specifications include a written description of the technology that is sought to be patented. Not just a concern for patent prosecution, the written description requirement also impacts litigation strategy.

Litigation 52

Litigation Patent Prosecution Technology Trademark 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. A new prohibition on double patenting?

Litigation 82

Litigation Law Patent Invention 82

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. Susan Decker and Matthew Bultman: Apple Sinks ‘Submarine Patent,’ Escapes $308.5 New Job Postings on Patently-O: Lilly.

Patent Troll 87

Patent Troll Patent Prosecution Patent Journalism 87

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

AUGUST 22, 2021

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). Stephen Nellis: Jury Awards Optis $300 Million in Second Patent Trial Against Apple (Source: Reuters).

Intellectual Property 113

Intellectual Property Patent Patent Prosecution Journalism 113

Patently-O

DECEMBER 14, 2023

finding the patentee failed to include plausible allegations of infringement of any claims from the patents-in-suit. Patent Nos. The motion levels a number of accusations against the funder of the litigation campaign (AiPi) and its cofounder Eric Morehouse. 8,327,442 ; 9,438,614; 9,503,470; and 11,171,974.

Litigation 51

Litigation Law Patent Prosecution Patent 51

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.

Cease and Desist 128

Cease and Desist Inventor Patent Litigation 128

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. By: Procopio, Cory, Hargreaves & Savitch LLP

Patent Prosecution 55

Patent Prosecution Patent Litigation IP 55

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.

Patent Application 122

Patent Application Patent Litigation Patent Prosecution 122

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

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. Source: WIPO.

Patent Prosecution 67

Patent Prosecution Patent Journalism Intellectual Property 67

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 4, 2022

in the Eastern District of Texas for infringement of six patents generally related to acoustic noise suppression functionalities. [1] Samsung argued that there were potential witnesses from non-party Samsung Research America (“SRA”), three of the five named inventors, prosecution counsel for the patents, and third-party AliphCom in the NDCA.

Litigation 72

Litigation Patent Business Inventor 72

Patently-O

JULY 23, 2022

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). New Job Postings on Patently-O: Neustel Law Offices, LTD. Dority & Manning – Patent Attorney or Agent.

Intellectual Property 62

Intellectual Property Patent Patent Prosecution Patent Drafting 62

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

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 18, 2020

Discovery in patent cases often requires parties to produce confidential technical, business, and financial information. Can confidential information learned during litigation be used to draft better patent claims? Oftentimes, parties will seek more explicit protections in a patent case.

Litigation 52

Litigation Confidentiality Patent Designs 52

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). Crowell & Moring LLP.

Patent 51

Patent Patent Prosecution Journalism Intellectual Property 51

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

IP Watchdog

JANUARY 15, 2023

Patent and Trademark Office’s (USPTO’s) new Commissioner for Patents, Vaishali Udupa. She replaces Acting Commissioner for Patents Andrew Faile, who served in that role since January 2021 and who will be retiring from the agency after 33 years upon Udupa’s installation as commissioner.

Intellectual Property 115

Intellectual Property Patent Litigation Trademark 115

Patently-O

SEPTEMBER 6, 2022

Zachary Silbersher is a NY Patent Attorney. The allegation was that Allergan fraudulently obtained patents covering Alzheimer’s drug treatments with the result of inflated Medicare drug prices. Here, the basis of Silbersher claim stem from the prosecution history files of the Allergan patent applications.

Patent Law 60

Patent Law Law Patent Prosecution Patent 60

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

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

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

Fish & Richardson Trademark & Copyright Thoughts

JULY 9, 2021

Megan Chacon focuses her practice on complex patent litigation across a wide range of technologies. She currently represents Gilead Sciences, one of the largest and most well-known biotechnology companies in the world, in multiple patent litigation matters. Crystal Culhane draws upon her Ph.D.

Journalism 98

Journalism Due Diligence Business Law 98

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. 9,283,197 unenforceable.

Patent Prosecution 134

Patent Prosecution Patent Trademark Patent Infringement 134

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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Newly promoted principals for 2022 are: Michael Ballanco focuses his practice on all aspects of patent infringement matters at the trial and appellate level. and foreign patent prosecution and counseling in the technology areas of bioinformatics, mobile communications, e-commerce, database, and data processing.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

SpicyIP

NOVEMBER 30, 2023

The nuances of Section 3(d) continue to plague and please litigants, depending on which side of it they end up falling. Patent applications are often filed as soon as a potential invention is noticed, while clinical trials take years to complete.

Patent Prosecution 72

Patent Prosecution Patent Application Invention Patent 72

SpicyIP

APRIL 10, 2024

Image from here Refuse: (1) to vacate an interim injunction, (2) to remand back to the patent office, and (3) to continue allowance of a patent grant! 2 major concerns stand out here- first, it must be noted that the validity of the suit patent was upheld after a “prima facie” assessment by the Court in the January 2023 order.

Patent 45

Patent Cease and Desist Invention Art 45

SpicyIP

APRIL 3, 2024

Over the course of the last 2 years, we have seen High Courts remand numerous orders (read: reject) to the Indian Patent Office for reconsideration. Controller of Patents is the latest addition in this list of remands on the above grounds. The authors would like to acknowledge an anonymous reader for sharing this development with us.

Patent 45

Patent Art Invention Patent Prosecution 45

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

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

IP Watchdog

OCTOBER 11, 2021

Last week, the Federal Circuit Court reversed the Patent Trial and Appeal Board decision in In re Surgisil, L.L.P., overturning the Board’s ruling that a design for a rolled-paper art tool for blending anticipated Surgisil’s (Applicant) claimed lip implant. In re Surgisil, L.L.P., 2020-1940, 2021 WL 4515275 (Fed.

Patent Application 72

Patent Application Patent Prosecution Art Patent 72

Fish & Richardson Trademark & Copyright Thoughts

SEPTEMBER 30, 2022

Fish & Richardson has received four coveted “Highly Recommended” rankings from LMG Life Sciences in the areas of General Patent Litigation , Hatch-Waxman Patent Litigation (Branded) , Patent Prosecution , and Patent Strategy and Management. Dorothy Whelan. Tony Zhang.

Intellectual Property 52

Intellectual Property Patent Prosecution Litigation Branding 52

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. yet, I see this argument in about 80% of Patent Owner filings. Why is that?

Patent 52

Patent Patent Prosecution Art Litigation 52