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Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
2 weeks ago

Other Barks & Bites for Friday, October 31: Senator Cruz to Introduce Anti-Censorship JAWBONE Act; USPTO Director Institution Decisions Will Be Short; and Trump Admin Fights to Push Perlmutter Out of Copyright Post Again

Federal Circuit clarifies pre‑AIA Section 102 'by another' for joint inventors; Amazon's cloud boosts revenue; legal fights address copyright leadership and Google imaging patents.
#nintendo
fromKotaku
1 week ago
Intellectual property law

US Patent Office Reexamining Controversial Pokemon Patent

fromKotaku
1 week ago
Intellectual property law

US Patent Office Reexamining Controversial Pokemon Patent

Intellectual property law
fromPatently-O
3 weeks ago

2025 Economics Nobel: What the Industrial Revolution Teaches About Patent Policy

Sustained economic growth from the Industrial Revolution sprang from accumulation and wide dissemination of "useful knowledge," not primarily from patent-based incentives.
#supreme-court
#uspto
US politics
fromPatently-O
4 months ago

In re SAP America: Sharpening the Dispute over PTAB Discretionary Denials

The Federal Circuit is reviewing the USPTO's discretionary authority to deny Inter Partes Review petitions and the implications of recent policy changes.
Intellectual property law
fromPatently-O
2 months ago

Cox v. Sony and the Future of Patent Contributory Liability: How a Copyright Case Could Reshape Patent Law

Supreme Court review of Cox v. Sony will decide whether ISP knowledge plus continued service creates contributory infringement and could reshape patent liability doctrines.
Intellectual property law
fromPatently-O
2 months ago

Love Letters Gone Wrong: Federal Circuit's First AIA Derivation Appeal Hinges on Valentine's Day Emails

Derivation proceedings remain narrow, rare exceptions to first-to-file; AIA requires proof of derivation and prior conception but abandons first-to-invent inquiries.
#acorda-therapeutics
#federal-circuit
#ipr
#lanham-act
fromPatently-O
3 months ago
Intellectual property law

The Services Problem That Undermines Crocs' Textualist False Advertising Defense

fromPatently-O
3 months ago
Intellectual property law

The Services Problem That Undermines Crocs' Textualist False Advertising Defense

fromPatently-O
3 months ago

Fungi, Bacteria and the U.S. Plant Patent Act

The Plant Patent Act of 1930 allows for the patenting of newly discovered and asexually reproduced plants, including cultivated sports, mutants, hybrids, and seedlings. It, however, excludes tuber propagated plants and those found in their natural state.
Science
Law
fromPatently-O
4 months ago

Federal Circuit Expands Prosecution History Estoppel to Simple Claim Cancellations in Colibri Heart Valve

Prosecution history estoppel limits the doctrine of equivalents by barring infringement claims based on broad claim cancellations during prosecution.
fromIPWatchdog.com | Patents & Intellectual Property Law
4 months ago

CAFC Says Prosecution History Disclaimer Applies to Design Patents, Too

"We see no reason to distinguish between disclaimer by amendment and disclaimer by argument and conclude that a patentee may surrender claim scope of a design patent by its representations to the Patent Office during prosecution."
Intellectual property law
Law
fromPatently-O
4 months ago

The Narrow Semantic Line on AAPA: Federal Circuit's Latest Take in Shockwave

The Federal Circuit defines 'basis' in inter partes review proceedings, impacting the use of applicant-admitted-prior-art.
fromPatently-O
4 months ago

Federal Circuit Wrestles with Prosecution Laches in Sonos v. Google

In 2020, Sonos sued Google asserting two wireless speaker patents allowing overlapping groups of speakers. A jury found Google liable and awarded $30 million.
Intellectual property law
#cafc
Law
fromPatently-O
4 months ago

PTAB's New "Settled Expectations" Doctrine

The 'settled expectations' doctrine prioritizes patent age as a key factor in denying IPR institution.
fromPatently-O
4 months ago

Seeds of Doubt: Sexual Reproduction and Territorial Limits in Plant Patent Law

Driscoll's holds significant power in the berry market, not by growing berries directly but through licensing new varieties and enforcing strict patent rights.
Cannabis
fromIPWatchdog.com | Patents & Intellectual Property Law
5 months ago

A Big Win for Small Business Patent Owners: Leveling Patent Litigation

"What has always drawn my attention to the ITC is that it is a fairly collaborative and yet aggressive forum for building a detailed factual record around which you can gather a host of opinions."
Intellectual property law
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