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

Garrigues Blog

In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. The right of prior use is set forth in article 63 of the current Patents Law of 2015, the wording of which is practically identical to that of article 54 of the earlier Patents Law of 1986.

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Monday Miscellany

The IPKat

Registration is available here. OxFirst - Damage Calculations in Patent Infringement Cases in the U.S.A. - 24 February 2022 OxFirst will hold a webinar on 24 February 2022, from 4:00pm to 5:00pm (CET), to discuss damage calculations in patent infringement cases in the US. Registration is open and can be made here.

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Inviting Into Our Consciousness: Prosecution History in Trade Mark Infringement

SpicyIP

For mine, it is the treatment of prosecution history in trade mark infringement proceedings. Regular readers of these pages will doubtless be familiar with prosecution history in relation to patent law. It is pressed into service across invalidation and infringement proceedings alike. At its core is a solitary question.

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IP Litigation Update in the District of Delaware (Not Patents!)

LexBlog IP

filed suit against defendants Javy Coffee Company and Javy Coffee LLC (together, Javy) alleging infringement of Javo’s “Javo” marks relating to coffee-based beverages (as well as the standard unfair competition and unjust enrichment state law claims). Plaintiff Javo Beverage Company, Inc. ” Opinion at 3.

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SpicyIP Weekly Review (March 4-March 10)

SpicyIP

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. Justice Prathiba M Singh’s Commentary on patents law released.

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SpicyIP Weekly Review (July 26 – August 1)

SpicyIP

Parliamentary Standing Committee Report on IPR: Tipping the Scales of Patent Law? Continuing our posts on the Parliamentary Standing Committee Report, I wrote a II-part post on the Report’s recommendations on patent law reform. Part I and II.

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Patents and Cannabis

More Than Your Mark

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.”. The post Patents and Cannabis appeared first on Patent Law Blog.

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