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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Patently-O

APRIL 28, 2022

The court in Ariad explained that a “a vague functional description” may be insufficient as it likely describes the unpatentable problem rather than a patentable solution. Best mode can only be raised during prosecution and is not available as a validity defense in litigation. Ariad Pharmaceuticals et al. 3d 1336 (Fed.

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The IPKat

NOVEMBER 14, 2021

This is the question Miquel Peguera raises on Kluwer Copyright Blog, alongside his analysis of the topic. Apart from the discussion regarding copyright infringement, the validity of the registration is also being questioned. For patents, the Swedish specialised courts have provided a great gain in efficiency and low rate of appeals.

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Blogging IP Moral Rights Artwork 113

The IPKat

OCTOBER 9, 2021

The AmeriKat enjoying the slower paced validity track. A topic of interest in the UK courts at the moment (see the various applications to expedite trials because of it here ). But turns out the German patent litigators are also talking about it. It seems to be clear that the patent holder is better off.

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Reporting Patent Intellectual Property Litigation 57

SpicyIP

SEPTEMBER 11, 2023

Whether it is South Asian Basmati Brawls, the much-to-tread trail of transparency, the Statements of Patent (Non-)Working, or the Indian “Bayh Dole” Bill, some stories never cease to beguile us. He wrote detailed posts on this topic later here and here. Here we go: 1. Both of these questions were answered in the negative.

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IP Reporting Plagiarism Government 105

Patently-O

APRIL 26, 2023

Though the patent system exists to promote innovation, it also serves to promote inventors and innovators. I still remember how happy I was when I filed my first patent back which was a moment of great joy and pride. And as time went by, I filed multiple patents and I felt more confident and more accomplished.”

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The IPKat

NOVEMBER 14, 2022

However the two recent posts of this very same blog, one on the preliminary opinion of EBA on plausibility (G2/21, here ), the other on the requisite of sufficiency of disclosure for a first medical use patent (T0424/21, here ) have removed any doubt on whether or not to try and cover it.

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IP Marketing Marketing Confidentiality 76

The IPKat

MARCH 6, 2022

In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. has challenged the validity of a figurative mark registered for goods related to smartphones in class 9. This article provides an overview of the current trends in the U.S.

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Blogging Non-Fungible Tokens IP Intellectual Property 85

LexBlog IP

AUGUST 9, 2023

Topic This case addresses patent eligibility under Alice and whether the district court should have afforded the patent owner leave to amend its complaint. Background Sanderling asserted three patents sharing a common specification against Snap in the Northern District of Illinois. Sanderling opposed Snap’s motions.

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Invention Patent Intellectual Property 52

The IPKat

OCTOBER 8, 2021

As trainee patent attorneys across the country begin their final days of preparation for the UK qualifying examinations, CIPA today released the long-awaited Mercer Review. Final days of revision The Mercer Review includes a review of the submissions on a broad range of topics related to patent attorney training and exams.

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Patent Reporting Contracts Journalism 82

The IPKat

SEPTEMBER 12, 2021

The second of these decisions, Abbott v Dexcom [2021] EWHC 2246 , concerned Abbott's latest application to expedite a patent trial revoking four of Dexcom's patents. The injunction gap arises in Germany because infringement is decided before and separately to validity. But no such luck for Abbott, " regret[tably] ".

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Litigation Patent Marketing Marketing 98

Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. Bottom line, no patent cases were decided by the Court in the 2021-2022 term and none were granted certiorari for the new term starting this week. Of the 17 pending patent-focused petitions, 13 are set to be decided at the long conference.

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Patent Law Law Patent Invention 125

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.

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The IPKat

FEBRUARY 10, 2023

life sciences conference before the UPC by Gabriele Girardello At the end of last month this Katfriend had the opportunity to attend a conference in Amsterdam devoted to ‘Pharma & Biotech Patent Litigation Europe’ (programme here ). The conference has become an annual event. A litigator Kat whispering in the ears of a poor UPC Judge (ph.

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Litigation Reporting Patent Invention 70

Kluwer Copyright Blog

FEBRUARY 28, 2024

Copyright law has always been an emotional topic. Of course, their ongoing litigation makes them valid and attractive candidates to join these talks. To repeat, copyright law is an emotional topic. Fuelled by AI concerns, it becomes borderline explosive. However, the rewards from such a process justify and outweigh these costs.

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Copyright Law Copyright Law Music 60

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)). ” Id.

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Invention Patent Application Art Patent 52

Kluwer Copyright Blog

DECEMBER 1, 2021

On 29 October 2021, the UK Intellectual Property Office launched a public consultation looking at how the copyright and patent regimes should deal with artificial intelligence. This is not the first time the UKIPO has engaged with a public call for views on the topic of AI and IP. Photo by Rock’n Roll Monkey on Unsplash.

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IP Inventor Invention Intellectual Property 70

The IPKat

OCTOBER 25, 2021

G2/21 will be closely watched by many, given the potential ramifications of the EBA's answer on the required evidence threshold for patent validity. Case Background The opposition case from which the referral stems relates to the validity of patent EP2484209 for an insecticide. litura and P. xylostella ).

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Invention Publishing Patent Application Art 86

Patently-O

OCTOBER 17, 2022

I’m always excited to read a decision that splits hairs–finding some claims in a patent valid and others invalid. The basic outcome here: Weisner’s claims directed toward collecting information are abstract ideas ; those directed toward using the information are patent eligible. Patent Nos.

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Patent Invention Journalism Inventor 70

IP Tech Blog

APRIL 11, 2023

To evaluate the capabilities of Generative AI, we selected the USPTO’s recent announcement about grants of digital patents as a topic, and compared a blog that we prepared and a blog that Generative AI (here, Google Bard) prepared. A sample of this new eGrant patent is available here. 35 U.S.C. §

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Inventor Copying Blogging Patent Application 57

The IPKat

AUGUST 1, 2022

There is an international requirement for the DNA, RNA and protein sequences disclosed in a patent application to be provided in a sequence listing. Sequence listings are used by patent offices to search the prior art for the listed sequences. 26 sequence listings has the aim of increasing public access to patent sequences.

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Patent Application Patent Copying Publishing 82

IP and Legal Filings

FEBRUARY 2, 2024

District Judge [7] , Allahabad High Court addressed the limits of “religious susceptibility” of a trademark called “Ganesh Beedi” The trademark’s validity was questioned due to the inclusion of a Hindu deity’s name followed by the phrase “beedi.”

Trademark Law 91

Trademark Law Trademark Law Service Mark 91

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 21, 2020

At a high level, the mining process validates transactions in the blockchain through a distributed network of nodes. An award is given to the node who first succeeds at successfully validating the transaction. – the “miners.” Patenting innovations in blockchain technology. We may dive into this topic in a future blog post. [2]

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Technology Copying Invention Patent Prosecution 76

LexBlog IP

FEBRUARY 7, 2024

12] Another question that has garnered significant attention relates to the patenting of an invention created by an AI system (and, similarly, the copyright in content created by AI). 13] Thaler v Comptroller-General of Patents, Designs and Trade Marks [2023] UKSC 49. [14] 1 November 2023), [link]. [11]

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LexBlog IP

APRIL 11, 2023

To evaluate the capabilities of Generative AI, we selected the USPTO’s recent announcement about grants of digital patents as a topic, and compared a blog that we prepared and a blog that Generative AI (here, Google Bard) prepared. A sample of this new eGrant patent is available here. ’’ 35 U.S.C. §

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Inventor Copying Blogging Patent Application 52

The IPKat

FEBRUARY 21, 2022

As many of our readers know one of the most recurrent tax-related topics that come into discussion in the IP field is the so-called Patent Box (sometimes also - more properly - defined as the Innovation Box since it is not all about patents ). The Patent Box was introduced in Italy in 2015. 50 of 24.4.2017).

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Designs Design Patent IP 70

The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). In April 2021, Jin sued Baijia store for patent infringement. 01125315.0 ). One month later, a settlement was reached.

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Settlement Patent Infringement Patent Intellectual Property 70

IPilogue

JANUARY 14, 2022

This article summarizes the top developments reported on our blog and in patents, trademarks, and copyright law in 2021. Patents and the Magical World of Psychedelics by Bonnie Hassanzadeh. Introducing the College of Patent Agents & Trademark Agents. First Time Interpreting Patent Agent Privilege. David Vaver.

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IP Copyright Infringement Inventor Intellectual Property 106

SpicyIP

NOVEMBER 8, 2023

They included stories of the Patent Agent examination, the Indian Innovation Act, the opening of the Trademark database, the presumption of patent validity, and the South Asian Basmati fights and more. Also, check Joff Wild on the Allegations Against Indian Patent Office. and Class 5.2 Read Anupriya’s excellent post here.

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Trademark Publishing Journalism Copyright 59

The IPKat

JULY 30, 2021

For his parting post, he returns to Germany and patent injunctions. As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ]. here and here ].

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Patent Law Law Patent Intellectual Property 95

Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

Patent Law 95

Patent Law Law Patent Litigation 95

The IPKat

DECEMBER 28, 2021

This year also saw release of the EBA decision on double-patenting and a new referral on the thorny issue of plausibility and post-published evidence. Double-patenting ( G 4/19 ) Early in the year, the EBA issued its decision on the question of double patenting. Double-trouble ??

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Invention Publishing Patent Law 67

The IPKat

SEPTEMBER 21, 2021

The potential for a referral on this topic may have come as a surprise to some, given the established case law of the Board of Appeal on plausibility and post-filed evidence (Case Law of the Boards of Appeal, I-D-4.6 ). Case background: Insecticides and synergy Not one of her favourite patent cases.

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SpicyIP

JUNE 19, 2022

When we accept them, or as the case may be – when we accept claims that use the term rights in their name – we simultaneously, knowingly or not, validate a form of distribution of freedom, authority and resources. Let’s keep the how, what, and why-do-so-few–care about these as topics to discuss in another class.

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IP Fair Use Invention Copyright 119

The IPKat

OCTOBER 3, 2022

The Patents Court, the Court of Appeal and the Supreme Court (before that, the House of Lords) have all and for many years stressed the need for consistency with decisions of the Boards of Appeal of the EPO. For more information, the programme and registration, click here. The event will take in Brussels and online.

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Registration Intellectual Property IP Copyright 62

TorrentFreak

SEPTEMBER 15, 2021

Several of the movie companies are Voltage affiliates and in our second report on the topic, we wondered whether members of this coalition intended to go after alleged pirates in the UK. That now appears to be the case. Voltage Holdings Obtains High Court Order. We take the privacy and security of our customers’ data very seriously.

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IP Tech Blog

AUGUST 22, 2022

We have specifically covered this topic in a previous blog. Are they protectable by design patents? In this post we will analyze the availability of design patents for digital commodities and how it compares with other Asian countries like Japan, South Korea and Singapore. Overview of current legislation in China. Article 2.4

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