CoCal IP Law Institute

JULY 27, 2023

For many years, the USPTO's Patent Trial and Appeals Board has been viewed as a Star Chamber which ritually invalidates patents. More recent experience suggests that the PTAB is no longer necessarily a place where patents go to die. Two cases from this summer are the topic of this post.

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Patent 40

IP Watchdog

JANUARY 27, 2022

The last day of PTAB Masters™ 2022 featured sessions on dealing with parallel litigation at the International Trade Commission (ITC) and district courts in Patent Trial and Appeal Board (PTAB) proceedings; life sciences and inter partes review (IPR); and the future of the PTAB.

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Invention Litigation Trademark Patent 72

Intellectual Property Law Blog

AUGUST 10, 2023

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § The crux of OneSubsea’s infringement theory came down to “whether fluid flows through FMC’s accused device as required by the OSS patents.”

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IP Litigation Patent Law 130

JD Supra Law

JUNE 15, 2023

In-depth knowledge of the unique characteristics of design patents is foundational for preparing a strong Patent Trial and Appeal Board petition. Topics may include: - A statistical comparison of. By: Fish & Richardson

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Design Patent Designs Design Patent 40

The IPKat

OCTOBER 9, 2023

Amsterdam Kat The IPKat has learned that on, 22-24 January 2023, the Pharma and Biotech Patent Litigation Summit will return to the Anantara Grand Hotel Krasnapolsky in Amsterdam (Netherlands). Form a global understanding of the patent litigation ecosphere with a panel of judges from the UK, EPO, USA and the UPC.

Litigation 62

Litigation Patent Editing IP 62

Patently-O

NOVEMBER 29, 2023

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. 10,149,820 (the ‘820 patent). Allgenesis petitioned for IPR of all eleven claims of the ’820 patent.

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Art Business Patent Settlement 49

LexBlog IP

JUNE 27, 2022

This Thursday (Noon – 1PM(EST)), the next Patent Trial and Appeal Board (PTAB) Boardside Chat webinar will be conducted to discuss plans to re-establish in-person PTAB hearings and tips from judges for successfully arguing in different environments ( connect here ). In-Person Hearing are Back.

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Patent Intellectual Property 52

LexBlog IP

NOVEMBER 17, 2022

On October 18, 2022, the United States Patent and Trademark Office (USPTO) posted two notices on Regulations.gov seeking public input on the requirements to practice before the USPTO and Patent Trial and Appeal Board (PTAB). ” [1]. ” [1].

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Registration Design Patent Patent Trademark 52

LexBlog IP

MAY 12, 2022

For those seeking some quality CLE this month, consider the second annual Patent Litigation Masters™ 2022 program, presented by IPWatchdog® this coming May 23rd-24th. The two-day agenda offers a number of compelling topics, and as usual with the Watchdog Masters Programs, a stellar lineup of speakers.

Litigation 52

Litigation Patent Intellectual Property 52

LexBlog IP

JANUARY 23, 2024

” That is, particularly when claiming a broad genus of antibodies, the specification cannot be a research assignment to engage in trial and error as to the recited claim scope. The USPTO is now committed to providing clarity on these topics in In re Xencor. On appeal, the 112 rejection of the examiner was upheld.

Invention 52

Invention Art Law Technology 52

JD Supra Law

OCTOBER 28, 2021

Patent and Trademark Office Patent Trial and Appeal Board (PTAB) recently released an updated Orange Book patent/biologic patent study on August 11, 2021. The first study covering these topics was released on March 13, 2018, and the second on July 18, 2019.

Patent 52

Patent Reporting Trademark 52

The IPKat

SEPTEMBER 16, 2022

Trade Marks GuestKat Nedim Malovic reported and commented on a couple of EU trade mark decisions:- · The first is the decision (Case T-251/21 Tigercat Inc v EUIPO) of the EU General Court on the appeal in relation to the opposition against “Tigercat” filed by Caterpillar Inc. InternKat James Kwong reported that the trial has recently begun.

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Reporting Advertising Advertising Intellectual Property 67

LexBlog IP

FEBRUARY 18, 2024

ANPRM an Unnecessary Slog to a Small Rule Package It has been almost a year since the Patent Trial & Appeal Board (PTAB) released its Advanced Notice of Proposed Rulemaking (ANPRM) on AIA trial practices. all of the controversial topics have been dropped). What happened?

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Settlement Publishing Patent Intellectual Property 52

The IPKat

FEBRUARY 24, 2023

The European patent attorney community is currently eagerly awaiting the decision of the Enlarged Board of Appeal referral G 2/21 on the thorny topic of plausibility and post-filed evidence. The EPC requires an invention to be sufficiently disclosed ( Article 83 EPC ), but does not mention "plausibility".

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Invention Law Patent Publishing 131

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 3, 2021

office, Degnan is a seasoned trial and appellate lawyer who handles high-stakes, high-risk IP disputes in federal district courts, the U.S. Court of Appeals for the Federal Circuit, the International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB).

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Journalism Litigation Law IP 40

LexBlog IP

NOVEMBER 30, 2021

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements. In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc.

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Settlement Licensing Litigation Art 52

The IPKat

MARCH 27, 2022

Topics included the territorial scope of existing marks, the potential need to expand the specifications of trade marks used in the Metaverse, the importance of clearance searches before entering this environment, and the consideration of co-existence agreements to avoid conflicts. Background and outcome are reported by Marks IP.

Blogging 76

Blogging IP Reporting Journalism 76

The IPKat

JANUARY 16, 2022

Patents The IPWatchdog posted an article about the changing risks – in the economic and legal sense – over time and the implications of these changes for patent licensing dynamics. Since the pandemic started, 5,070 global patent applications have been published. Jamaica is the 110th Member State to join the Madrid Protocol.

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Blogging IP Publishing Intellectual Property 82

LexBlog IP

AUGUST 5, 2021

Settlement Prior to Trial Institution May Not Require Filing of Settlement Documents. Back in 2015, I pointed out that an opinion of the Federal Circuit called into question the PTAB’s practice of requiring settlement documents to terminate an AIA trial preliminary proceeding. was really the IPR trial. Section 42.74(b)

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Settlement Copying Designs Design 52

SpicyIP

DECEMBER 30, 2023

As in previous years, we have divided these developments into five categories: a) Top 10 IP Judgements/Orders (Topicality/Impact) b) Top 10 IP Judgements/Orders (Jurisprudence/Legal Lucidity) c) Top 10 IP Legislative and Policy Related Developments d) Other IP Developments; and e) Other Notable Developments.

IP 124

IP Copyright Trademark Intellectual Property 124

Fish & Richardson Trademark & Copyright Thoughts

APRIL 1, 2022

1] A 5-4 majority concluded that the America Invents Act grants “unreviewable authority” within the executive branch to administrative patent judges “incompatible with their status as inferior officers” under the appointments clause of the U.S. Read the full article on Law360. PDF copy available. Arthrex Inc.

Patent 52

Patent Art Technology Law 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 9, 2021

Another person or entity has applied for a trademark at the United States Patent and Trademark Office (the “USPTO”) that is similar to your trademark. One option is to institute an opposition with the Trademark Trial and Appeal Board (the “TTAB”) to challenge their registration of the mark. What can you do?

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Litigation Trademark Registering Trademarks Registration 59

LexBlog IP

AUGUST 10, 2023

Topic This case addresses the proper standard for an appeal of a discretionary decision by a successor judge as well as requests for attorneys’ fees under 35 U.S.C. § § 285 and certain circumstances that do not make a case exceptional. § 285.

IP 52

IP Litigation Patent Law 52

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 7, 2022

10 YEARS AFTER THE AMERICA INVENTS ACT (AIA), THE PATENT TRIAL AND APPEAL BOARD (PTAB) ENDURES. 1] Nevertheless, the PTAB remains the most active forum for patent disputes nationwide, handling significantly more matters in 2021 than both the Eastern and Western Districts of Texas and the District of Delaware. [2].

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Reporting Art Invention Patent 52

LexBlog IP

OCTOBER 27, 2021

Patent and Trademark Office Patent Trial and Appeal Board (PTAB) recently released an updated Orange Book patent/biologic patent study on August 11, 2021. The first study covering these topics was released on March 13, 2018, and the second on July 18, 2019. Trends Over Time.

Patent 52

Patent Settlement Litigation Reporting 52

LexBlog IP

FEBRUARY 23, 2023

However, the United States Patent and Trademark Office (the “USPTO”) refused the applications on failure to function grounds (i.e., ” But the Board noted that trademark rights are gained through use, not creation. .” ” But the Board noted that trademark rights are gained through use, not creation.

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Trademark Music Registration Patent 40

Bio Law Blog

NOVEMBER 15, 2021

District Court for the District of Delaware granted Elysium’s motion for summary judgment that two ChromaDex formulation patents were directed to patent-ineligible subject matter under 35 U.S.C. § The two ChromaDex patents, U.S. Patent Nos. § 101. ChromaDex, Inc. Elysium Health, Inc. Civil Action No.

Patent 52

Patent Invention Litigation Contracts 52

Larson & Larson

NOVEMBER 30, 2022

Crafting a patent application is a key step in helping to ensure that your business is safe from outside competition. In this post, we’ll take a deep dive into what goes into drafting a patent application and how to make the most of your efforts while doing so. What can and cannot be patented. How to write a patent application.

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Patent Application Patent Invention Business 40

LexBlog IP

AUGUST 28, 2023

However, in a recent case, the Federal Circuit found that a “machine learning” claim element lacked sufficient enablement because both the claim itself and the written description of the patent to which it belonged failed to describe “ how ” the claimed invention implemented this element. § 112(a)). § 112(a).

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Invention Patent Application Art Patent 52

LexBlog IP

APRIL 3, 2023

This decision addresses many hot topics in licensing SEPs and attempts to harmonize existing decisions in reaching its rulings here.The Court here, for example, discussed the following topics: There is some dispute about whether a FRAND commitment imposes obligations on someone wanting to license an SEP.

Licensing 52

Licensing Technology Intellectual Property Patent 52

SpicyIP

JANUARY 2, 2022

This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). This year, we have divided these developments into three categories: a) Top 10 IP Judgments/Orders (Topicality/Impact). Top 10 Judgments/Orders [Topicality/Impact]. Image from here. H Lundbeck A/S v.

IP 143

IP Intellectual Property Copyright Trademark 143

LexBlog IP

SEPTEMBER 9, 2022

On July 29th, 2022, the current director of the United States Patent and Trademark Office (USPTO), Katherine Vidal, published a notice in the federal register regarding the duty of disclosure before the patent office. Director Vidal highlights four different topics as they relate to the duty of disclosure standard: 1.

Government 52

Government Intellectual Property Marketing Marketing 52

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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Registration Trademark Copyright Registering Trademarks 52

LexBlog IP

DECEMBER 15, 2022

I had a trial this month, so I was delayed in my wrap up of noteworthy developments from November. Court of Appeals for the Sixth Circuit just issued an opinion in Caudill Seed & Warehouse Co. Court of Appeals for the Sixth Circuit just issued an opinion in Caudill Seed & Warehouse Co. Certainly not me. But the U.S.

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Blogging IP Confidentiality Intellectual Property 52

LexBlog IP

MARCH 12, 2023

In a post for Patently-O , Peter describes how the TSCMJG came into existence. Disputes over inventorship are not confined to patent cases and often arise in trade secrets cases too. § 256 was premature because no patents had yet issued. Court of Appeals for the Eighth Circuit. In Ahern Rentals, Inc.

Blogging 52

Blogging Litigation Ownership Reporting 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The continued slow pace of approvals is potentially the result of the COVID-19 pandemic and related delays in clinical trials and facility inspections by FDA, as well as a re-prioritization and shifting of agency resources towards COVID-19 vaccines and treatments. Introduction. Biosimilar Approvals and Launches in 2021. BPCIA Litigation.

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Litigation Settlement Patent Marketing 52

LexBlog IP

JANUARY 9, 2023

Courts of Appeal for the Seventh Circuit and Ninth Circuit recognizing the need for identification and advocates for that amendment. Courts of Appeal for the Seventh Circuit and Ninth Circuit recognizing the need for identification and advocates for that amendment. District Court for the Southern District of New York. In Tomgal LLC v.

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Blogging Litigation Intellectual Property Licensing 40