Patently-O

JANUARY 17, 2024

2024) ( Apple Stay Denial ) After initially granting a temporary reprieve, the Federal Circuit has now denied Apple’s stay pending appeal of the International Trade Commission’s limited exclusion order and cease-and-desist order (“the Remedial Orders”) against Apple Watch Series 9 and Ultra 2. See Nken v. Holder , 556 U.S. 418 (2009).

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Patently-O

APRIL 19, 2024

Although this is an important step, they do not address discretionary denials associated with parallel litigation (or other outside factors) under Fintiv and subsequent director guidance. 2023 ANPRM 2024 NPRM The USPTO is seeking comments on the proposed rules through June 18, 2024.

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Patently-O

JANUARY 12, 2024

by Dennis Crouch This article analyzes some of the latest developments in the ongoing legal battle between medical device company Masimo and tech giant Apple regarding Apple’s adjudged infringement of Masimo’s pulse oximetry patents in its Apple Watch.

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Patently-O

JANUARY 18, 2024

New Vision sued Bally Gaming and others in Nevada District Court, alleging infringement of two patents. The accused infringers petitioned for covered business method review (CBM) back in 2018. Unified Patents LLC , 15 F.4th The case also included a forum selection clause requiring litigation of disputes in Nevada Courts.

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Litigation Inventor Reporting Patent 59

SpicyIP

MARCH 11, 2024

This and a lot more in this SpicyIP Weekly Review. 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.

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Patently-O

JANUARY 31, 2024

31, 2024) , the Federal Circuit has affirmed a lower court denial of a preliminary injunction sought by the patentee SmartSky against Gogo. SmartSky sued Gogo in 2022 for patent infringement, alleging that Gogo’s 5G wireless network infringed several of SmartSky’s patents related to in-flight internet wireless connectivity.

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Marketing Marketing Litigation Business 59

The IPKat

JANUARY 12, 2024

AIPPI Rapid Reaction on Thaler in the Supreme Court next Thursday Next Thursday, 18 January, AIPPI UK is hosting their first event of 2024 and it's a good one - and online! Professor Ryan Abbott represented Dr Thaler, and has advocated widely for patents on AI-generated inventions. or contact secretary@aippi.org.uk

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Patently-O

JANUARY 29, 2024

by Dennis Crouch The new petition for certiorari filed by Liquidia raises some interesting questions about the ongoing race between inter partes review proceedings and district court litigation. In this case, the PTAB issued a final written decision holding that a patent held by Respondent United Therapeutics, Inc. (“UTC”)

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LexBlog IP

JANUARY 19, 2024

As we settle into 2024, we reflect on the significant legal developments of 2023 that hold potential impact on the biologics and biosimilars market. Stay tuned to Big Molecule watch for further developments on these litigations in 2024, including developments on the IPRs related to Regeneron’s patents directed to dosing of aflibercept.

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LexBlog IP

SEPTEMBER 22, 2023

We previously reported on patent infringement litigations between Alnylam and Moderna. First, in a patent action brought by Alnylam Pharmaceuticals, Inc. (“Alnylam”) against Moderna, Inc., Patent Nos. Moderna subsequently brought non-infringement and invalidity counterclaims related to Alynlam’s patents.

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Litigation Patent Patent Infringement Art 52

SpicyIP

JANUARY 29, 2024

[ This weekly review is co-authored with SpicyIP intern Pranav Aggarwal. In a major development concerning the Ibrutinib patent, DHC restrains generic manufacturers from manufacturing and marketing the life-saving anti-cancer drug. SpicyIP Tidbit)Nokia- Oppo SEP Litigation: The Dust (Dispute) Finally Settles!

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Music Intellectual Property Copyright IP 59

SpicyIP

JANUARY 1, 2024

The Assistant Controller of Patents and Designs – A Reasoned Judgement or Inherently Contradictory? Image from here Despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of CRIs, the DHC in Microsoft v. Other Posts Microsoft Technology Licensing LLC V.

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IPilogue

JANUARY 9, 2023

Some work highlights for me personally were: drafting a procurement contract, investigating the Patented Medicines Prices Review Board (“PMPRB”) Draft Guidelines, and drafting a response to an Access to Information request. It is a tumultuous time for patented medicine pricing in Canada.

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LexBlog IP

FEBRUARY 7, 2024

AI is already impacting the document review and production process, legal research, and the drafting of court submissions. The rapid development of AI is introducing new opportunities and challenges to dispute resolution. 6] For example, the CMA published an initial report on AI foundation models in September 2023. [7]

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Patently-O

MARCH 31, 2024

27, 2024), involved patents relating to tamper-resistant and tamper-evident food containers. Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. 2022-1954 (Fed.

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The IPKat

MARCH 21, 2024

The UPC CoA interpreted the claims of the patent more broadly than the Local Division and found the patent likely to be invalid for lack of inventive step. 10x Genomics alleged that NanoString's commercial molecular imaging devices and detection probes directly and indirectly infringed the patent.

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Invention Art Patent Licensing 57

SpicyIP

MARCH 7, 2024

quote from here In a significant order on February 23, 2024, the Delhi High Court, in F- Hoffmann -La Roche Ag & Anr V. A Brief History of Hot-tubbing – WIPO’s Intrigue, Australia’s Claim, and India’s Adoption Source: Concurrent Expert Evidence And ‘Hot-Tubbing’ In English Litigation Since The ‘Jackson Reforms.

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Patent Infringement Litigation IP Intellectual Property 59

Patently-O

FEBRUARY 29, 2024

Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” by Dennis Crouch The recent Federal Circuit decision in AlexSam, Inc. MasterCard Intl. Of importance to this case is understanding both their scope and their duration.

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Licensing Contracts Patent Law Patent 52

Patently-O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. January 3, 2024). After an extended bit of patent litigation, the parties entered a 2014 settlement agreement that included a mutual covenant not to challenge each other’s patents again until 2021.

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Patent Contracts Settlement Patent Infringement 64

Patently-O

JANUARY 11, 2024

by Dennis Crouch The USPTO has published new examination guidelines regarding the enablement requirement for utility patent applications in light of the Supreme Court’s May 2023 decision in Amgen v. Sanofi , 143 S. 1243 (2023). Still, there are, some key points to consider. Background on Amgen v. ” Amgen. ” Id.

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SpicyIP

FEBRUARY 26, 2024

Controller of Patents and Designs made some interesting observations on this issue. Product-by-Process claim: DHC to the rescue Does DHC DB’s decision on product-by-process claims bring clarity to this concept that has seemingly remained alien to Indian patent jurisprudence? Here is our recap of last week’s top IP developments.

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Trademark Copyright Registration Designs 59

Patently-O

APRIL 8, 2024

Vidal offers the important conclusion that a patentee has no standing to appeal an invalidity holding once the patent expires, absent some showing of likely infringement during the prior six years. April 5, 2024). ” [2] On March 7, 2024, the U.S. .” ” [2] On March 7, 2024, the U.S. .” Vidal , No.

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Patent Invention Settlement Licensing 45

SpicyIP

DECEMBER 17, 2023

[ This Weekly Review is co-authored with SpicyIP Intern Sidhi Pramodh Rayudu. He is interested in IP law, and commercial and criminal litigation. Highlights of the Week By Whom and How Are Our Patent Examiners Being Recruited? Sidhi is a final year B.A. Hons) student at Hidayatullah National Law University, Raipur.

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IP Trademark Advertising Advertising 59

SpicyIP

OCTOBER 23, 2023

[ This SpicyIP Weekly Review is co-authored with SpicyIP intern Sidhi Pramodh Rayudu. He is interested in IP law, and commercial and criminal litigation. Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news. Sidhi is a final year B.A.

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Designs Design Music IP 52

Patently-O

JANUARY 26, 2024

2023/2024) In a non-precedential 2023 decision, the Federal Circuit affirmed a decision by the Trademark Trial and Appeal Board (TTAB) refusing to register “ Everybody vs Racism ” as a trademark for apparel, tote bags, and services promoting racial justice advocacy. In re GO & Associates , 22-1961 (Fed. The opinion here is more nuanced.

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Registration Trademark Service Mark Trademark Law 64

LexBlog IP

AUGUST 25, 2023

We will also be monitoring pending legal challenges to the IRA and tracking updates on the IRA Litigation Tracker, which is also available on our IRA webpage. The Inflation Reduction Act’s Medicare Drug Price Negotiation Program will kick off next week.

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LexBlog IP

JUNE 2, 2023

1 June 2023 marks a significant step forward for patent protection and enforcement in Europe with the commencement of a new unified European patent system comprising: A Unitary Patent, providing uniform protection and equal effect across all participating Member States on a one-stop-shop basis.

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SpicyIP

DECEMBER 12, 2022

Additionally, we’ve run this format for weekly reviews for a few weeks now. Additionally, we’ve run this format for weekly reviews for a few weeks now. We’re also asking for your help! Important IP cases that we’re missing out on? Especially from other High Courts? Please let us know so we can include them! Do you like it?

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Patently-O

APRIL 4, 2024

Jonas Anderson In the past few weeks, more and more people outside of patent law have learned about ‘judge shopping’—quirks in procedural rules that allow plaintiffs to pick not just a court but the individual judge who will hear their case. For patent lawyers, however, controversy over judge shopping is nothing new. Gugliuzza and J.

Patent 64

Patent Law Litigation Patent Law 64

Patently-O

MARCH 17, 2024

As we’ve explained in a series of articles , in many federal courts throughout the country, all or practically all cases are assigned to a single judge, giving litigants the ability to “judge shop”—that is, to choose their own judge. Judge shopping has been a particularly long-standing problem in patent cases and corporate bankruptcy cases.

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