Patently-O

APRIL 14, 2024

by Dennis Crouch The Federal Circuit’s August 2023 decision in In re Cellect, LLC has set-up a significant question regarding the interplay between the patent term adjustment (PTA) statute, 35 U.S.C. § 154(b), and the judicially-created doctrine of obviousness-type double patenting (OTDP). In Novartis AG v. 3d 1367 (Fed.

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The IPKat

JULY 19, 2022

The EPO is running a consultation on the joint proposal from the EPO and epi for a new European Qualifying Examination (EQE) for trainee patent attorneys. The modules will variously test candidates' legal and procedural knowledge, their prosecution and drafting skills, as well as their ability to advise clients.

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Patently-O

APRIL 25, 2024

government by using fraudulently obtained patent rights prop up its drug prices. government by using fraudulently obtained patent rights prop up its drug prices. by Dennis Crouch This post walks through a new petition for writ of certiorari involving claims that Valeant Pharma defrauded the U.S. 3729 (a)(1)(A). 3729 (a)(1)(A).

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IP Intelligence

FEBRUARY 23, 2024

Patent and Trademark Office (USPTO) released its much anticipated Inventorship Guidance on AI-Assisted Inventions (“Guidance”). [1] 1] The Guidance is retroactive, meaning it applies to all patent applications and issued patents filed before, on or after February 13, 2024. In Thaler v. 4] Based on U.S. 4] Based on U.S.

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Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127. 101, 102, 103, and/or 112.”

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Patently-O

MAY 15, 2024

This wave of RFCs includes significant proposals aimed at adjusting patent fees for fiscal year 2025, refining terminal disclaimer practices, and addressing the impact of artificial intelligence on prior art and patentability. In the details below, I highlight the due dates for comments, which all fall in May, June and July 2024.

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Patently-O

FEBRUARY 11, 2024

by Dennis Crouch In a recent decision, the Federal Circuit held that a claimed range reciting narrower values than those described in the patent specification can still satisfy the written description requirement under 35 U.S.C. § Feb 9, 2024). RAI Strategic Holdings, Inc. Philip Morris Prods. 22-1862 (Fed. 2d 257 (C.C.P.A.

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Patently-O

APRIL 9, 2024

by Dennis Crouch In a non-precedential opinion, the Federal Circuit has affirmed the US International Trade Commission’s (ITC) final determination in the patent infringement dispute between Sonos and Google involving smart speaker technology. That case involves a separate set of patents and so is not directly impacted here.

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SpicyIP

JANUARY 8, 2024

This weekly review is co-authored with SpicyIP intern Vedika Chawla. Wrapping up the first week of 2024, here is a brief recap of our hard-hitting post on TKDL, the detailed comments on the draft Calcutta High Court IPR Division Rules, and an informative take on scandalous and obscene trademark prosecution in India.

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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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SpicyIP

DECEMBER 17, 2023

[ This Weekly Review is co-authored with SpicyIP Intern Sidhi Pramodh Rayudu. 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.

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SpicyIP

DECEMBER 24, 2023

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

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