Intellectual property law

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#intellectual-property

Supreme Court Denies Petitions on Hatch-Waxman Safe Harbor, ITC Economic Prong Analysis and Stay of Federal Trade Secret Claims

The U.S. Supreme Court upheld a broad interpretation of the Hatch-Waxman safe harbor, leaving significant implications for patent law intact.

Non-Patent IP Cases at the Supreme Court: December 2024 Update

The Supreme Court is deliberating major IP cases that could significantly affect corporate liability regarding trademarks and copyright infringement.

Fast Track: Chinese Origin Patents Racing Through USPTO via PPH

The PPH accelerates patent process by utilizing positive assessments from partner offices, significantly benefiting Chinese applications.
Fastest U.S. patents are often linked to the Global IP5 PPH program, demonstrating the effectiveness of international collaboration in patent granting.

Trump Names Coke Stewart Acting Director of the USPTO

Coke Morgan Stewart's swearing-in signifies a commitment to intellectual property and innovation,

All the IP News that Mattered in 2024

Significant changes in IP law will impact legal practice for years to come, especially regarding trademark and First Amendment intersections.

Federal Circuit Affirms Invalidity of Purdue's OxyContin Patents

The Federal Circuit affirmed the invalidity of Purdue Pharma's OxyContin patents due to obviousness, impacting patent law standards.
The ruling highlights the importance of analyzing inherent properties and known problems in patent obviousness evaluations.

Supreme Court Denies Petitions on Hatch-Waxman Safe Harbor, ITC Economic Prong Analysis and Stay of Federal Trade Secret Claims

The U.S. Supreme Court upheld a broad interpretation of the Hatch-Waxman safe harbor, leaving significant implications for patent law intact.

Non-Patent IP Cases at the Supreme Court: December 2024 Update

The Supreme Court is deliberating major IP cases that could significantly affect corporate liability regarding trademarks and copyright infringement.

Fast Track: Chinese Origin Patents Racing Through USPTO via PPH

The PPH accelerates patent process by utilizing positive assessments from partner offices, significantly benefiting Chinese applications.
Fastest U.S. patents are often linked to the Global IP5 PPH program, demonstrating the effectiveness of international collaboration in patent granting.

Trump Names Coke Stewart Acting Director of the USPTO

Coke Morgan Stewart's swearing-in signifies a commitment to intellectual property and innovation,

All the IP News that Mattered in 2024

Significant changes in IP law will impact legal practice for years to come, especially regarding trademark and First Amendment intersections.

Federal Circuit Affirms Invalidity of Purdue's OxyContin Patents

The Federal Circuit affirmed the invalidity of Purdue Pharma's OxyContin patents due to obviousness, impacting patent law standards.
The ruling highlights the importance of analyzing inherent properties and known problems in patent obviousness evaluations.
moreintellectual-property
#trademark-law

Top Trademark Cases in 2024 and What to Watch in 2025

Trademark law is evolving, highlighted by recent cases that underscore the importance of association and fair use in infringement claims.

APPLE JAZZ Owner Delivered Blow in Latest Stage of Battle with Apple

Bertini continues his legal struggle against Apple for trademark rights over 'APPLE JAZZ', facing multiple legal setbacks.

Federal Circuit: Pink Hip Implants Are Functional, Cannot Be Protected as Trade Dress

Federal Circuit upheld TTAB's cancellation of CeramTec's pink color trademark for hip implants, illustrating functionality's impact on trade dress.
Trade dress discussions are vital for patent attorneys to prevent loss of protection due to functional claims in utility patents.

CAFC Says Patent Claims Need Not Explicitly Disclose Material Benefits for Trademark Functionality Doctrine

The Federal Circuit affirmed the cancellation of CeramTech's trademark for pink-colored ceramic hip components due to functionality concerns related to utility patents.

Ceramtec GMBH v. Coorstek Biocermanics LLC

The case underscores the complexity of trademark functionality doctrine in the medical device industry, particularly regarding product coloration and patent-exhaustion.

Priority by Two Days: TTAB Grants Cancellation in Domain Name Dispute Turned Trademark Battle

Trademark rights are primarily based on the first use principle, which can impact cancellation claims.
Intent-to-use applications have significant weight in trademark disputes.
Domain name ownership does not guarantee trademark rights without prior use.

Top Trademark Cases in 2024 and What to Watch in 2025

Trademark law is evolving, highlighted by recent cases that underscore the importance of association and fair use in infringement claims.

APPLE JAZZ Owner Delivered Blow in Latest Stage of Battle with Apple

Bertini continues his legal struggle against Apple for trademark rights over 'APPLE JAZZ', facing multiple legal setbacks.

Federal Circuit: Pink Hip Implants Are Functional, Cannot Be Protected as Trade Dress

Federal Circuit upheld TTAB's cancellation of CeramTec's pink color trademark for hip implants, illustrating functionality's impact on trade dress.
Trade dress discussions are vital for patent attorneys to prevent loss of protection due to functional claims in utility patents.

CAFC Says Patent Claims Need Not Explicitly Disclose Material Benefits for Trademark Functionality Doctrine

The Federal Circuit affirmed the cancellation of CeramTech's trademark for pink-colored ceramic hip components due to functionality concerns related to utility patents.

Ceramtec GMBH v. Coorstek Biocermanics LLC

The case underscores the complexity of trademark functionality doctrine in the medical device industry, particularly regarding product coloration and patent-exhaustion.

Priority by Two Days: TTAB Grants Cancellation in Domain Name Dispute Turned Trademark Battle

Trademark rights are primarily based on the first use principle, which can impact cancellation claims.
Intent-to-use applications have significant weight in trademark disputes.
Domain name ownership does not guarantee trademark rights without prior use.
moretrademark-law

Other Barks and Bites for Friday, January 17: Teva Files IRA Challenge amid Second Round of Medicare Negotiations; Ninth Circuit Says Kinetic Sculptures Can Be Sufficiently 'Fixed' for Copyright; Second Circuit Affirms DMCA Safe Harbor Win for Vimeo

The legal landscape around copyright and patents is evolving, driven by court decisions and regulatory actions.
#patent-law

DABUS AI Again Denied European Patent

The EPO maintains that only natural persons can be designated as inventors under European patent law.

Federal Circuit Affirms $95 Million Verdict in E-Cigarette Patent Battle Between Altria and Reynolds

The Altria v. R.J. Reynolds decision clarifies patent damages methodology, specifically in comparable license analysis and apportionment.

What Went Wrong and How to Fix the Patent System

The patent system needs urgent reform to address inefficiencies that hinder innovation.

Federal Circuit Upholds PTAB Win for Patent to Detect Genetic Disorders

The Federal Circuit upheld the PTAB's ruling that Labcorp did not prove the obviousness of Ravgen's DNA sampling patent.

Federal Circuit Emphasizes Role of Filing Dates, Reversing Obviousness-Type Double Patenting Invalidation

The Federal Circuit reversed previous invalidity rulings on key pharmaceutical patents, emphasizing the significance of prosecution delays and patent term extensions.

CAFC Delivers Win for Meta in Precedential Decision

The CAFC affirmed non-infringement rulings for Facebook, emphasizing the need for authenticated evidence in patent litigation.

DABUS AI Again Denied European Patent

The EPO maintains that only natural persons can be designated as inventors under European patent law.

Federal Circuit Affirms $95 Million Verdict in E-Cigarette Patent Battle Between Altria and Reynolds

The Altria v. R.J. Reynolds decision clarifies patent damages methodology, specifically in comparable license analysis and apportionment.

What Went Wrong and How to Fix the Patent System

The patent system needs urgent reform to address inefficiencies that hinder innovation.

Federal Circuit Upholds PTAB Win for Patent to Detect Genetic Disorders

The Federal Circuit upheld the PTAB's ruling that Labcorp did not prove the obviousness of Ravgen's DNA sampling patent.

Federal Circuit Emphasizes Role of Filing Dates, Reversing Obviousness-Type Double Patenting Invalidation

The Federal Circuit reversed previous invalidity rulings on key pharmaceutical patents, emphasizing the significance of prosecution delays and patent term extensions.

CAFC Delivers Win for Meta in Precedential Decision

The CAFC affirmed non-infringement rulings for Facebook, emphasizing the need for authenticated evidence in patent litigation.
morepatent-law

USPTO Fee Report: Discounts Don't Cut It for Incentivizing New Patent Participants

High costs and complexities of patenting discourage new applicants despite fee reductions.

Federal Circuit's Filing Requirements: A Trap for Even the Experts

The Federal Circuit enforces highly demanding procedural standards, leading to frequent filing mistakes even amongst skilled attorneys.
The court's strict compliance requirements highlight systemic issues for attorneys navigating complex appellate processes.
#patent-analysis

Industries Leading Sustainable Patent Innovation: A Quantitative and Qualitative Analysis of Top Sustainability Filers

Understanding the quality and impact of patents is essential for driving sustainable innovation.

Sauvegarder Investment Management is Seeking a Senior Patent Analyst - IPWatchdog.com | Patents & Intellectual Property Law

The Senior Patent Analyst position at SIM is a high-impact role requiring advanced expertise in patent analysis and effective collaboration with management and legal teams.

Industries Leading Sustainable Patent Innovation: A Quantitative and Qualitative Analysis of Top Sustainability Filers

Understanding the quality and impact of patents is essential for driving sustainable innovation.

Sauvegarder Investment Management is Seeking a Senior Patent Analyst - IPWatchdog.com | Patents & Intellectual Property Law

The Senior Patent Analyst position at SIM is a high-impact role requiring advanced expertise in patent analysis and effective collaboration with management and legal teams.
morepatent-analysis
#innovation

Patents and Innovation History, From the Industrial Revolution to Today

Patents are crucial for fostering innovation and investment, especially during the Industrial Revolution.

Twelve Patents of Christmas: AI Semiconductor Technologies, Blockchain for Healthcare Data, and Self-Driving Vehicle Prioritization

This year's top patents emphasize the critical role of semiconductor technologies and AI in the global economy.

President Trump, Make Our Patent System Healthy Again

The U.S. patent system requires urgent reform to foster innovation and protect inventors' rights, currently compromised by judicial neglect and industry manipulation.

Dear Elon and Vivek: An Open Letter on Patents in the Trump Administration

The U.S. patent system requires urgent reform to better serve innovators and the public.

Why the DOGE Should Take Aim at the USPTO

Patent efficiency and cost barriers significantly impact American inventors, limiting their ability to protect inventions and receive fair compensation.

Patents and Innovation History, From the Industrial Revolution to Today

Patents are crucial for fostering innovation and investment, especially during the Industrial Revolution.

Twelve Patents of Christmas: AI Semiconductor Technologies, Blockchain for Healthcare Data, and Self-Driving Vehicle Prioritization

This year's top patents emphasize the critical role of semiconductor technologies and AI in the global economy.

President Trump, Make Our Patent System Healthy Again

The U.S. patent system requires urgent reform to foster innovation and protect inventors' rights, currently compromised by judicial neglect and industry manipulation.

Dear Elon and Vivek: An Open Letter on Patents in the Trump Administration

The U.S. patent system requires urgent reform to better serve innovators and the public.

Why the DOGE Should Take Aim at the USPTO

Patent efficiency and cost barriers significantly impact American inventors, limiting their ability to protect inventions and receive fair compensation.
moreinnovation

The Biden Administration Rolls the Dice on NIH Patent Licensing

New federal guidelines for licensing NIH inventions could hinder commercialization efforts, risking unused innovations.
The guidelines introduce substantial new requirements for licensees, possibly deterring interest.

Aurora Patents is Seeking a Medical Device and Software Patent Agent (Remote) - IPWatchdog.com | Patents & Intellectual Property Law

The role involves patent portfolio management for medical devices and software with a flexible remote work setup.

Patent Pools, Patent Dealmaking and Outrageously Good Audio

The merger of Via Licensing and MPEG-LA signifies a strategic evolution in managing essential patent licensing across audio and video sectors.
#patents

Supreme Court Preview: Will "Skinny Labels" Get a Weight Check?

The Supreme Court will address the issue of generic drug manufacturers and potential patent infringement in the Hikma v. Amarin case.

Patent Grants for 2024

The USPTO issued 7,499 utility patents in a week, almost setting a record, aided by an extra Tuesday in 2024.

The Briefing: A Very Patented Christmas - The Quirkiest Inventions for the Holiday Season

Exploration of unique holiday-themed inventions and patents.
Innovative designs like Santa detectors and upside-down Christmas trees enhance the festive spirit.

Supreme Court Preview: Will "Skinny Labels" Get a Weight Check?

The Supreme Court will address the issue of generic drug manufacturers and potential patent infringement in the Hikma v. Amarin case.

Patent Grants for 2024

The USPTO issued 7,499 utility patents in a week, almost setting a record, aided by an extra Tuesday in 2024.

The Briefing: A Very Patented Christmas - The Quirkiest Inventions for the Holiday Season

Exploration of unique holiday-themed inventions and patents.
Innovative designs like Santa detectors and upside-down Christmas trees enhance the festive spirit.
morepatents
#injunctions

The Year Ahead: Here's What Our Readers Will Have on their Radar for 2025

Legal predictions for 2024 point towards transformative changes in student athlete rights regarding NIL, influenced by ongoing lawsuits and legislative efforts.

The UPC in 2024: Statistics, Trends and Substantive Law

The UPC has effectively resolved over 20 substantive decisions on patent infringement within a year, granting injunctions in all valid and infringed cases.

The Year Ahead: Here's What Our Readers Will Have on their Radar for 2025

Legal predictions for 2024 point towards transformative changes in student athlete rights regarding NIL, influenced by ongoing lawsuits and legislative efforts.

The UPC in 2024: Statistics, Trends and Substantive Law

The UPC has effectively resolved over 20 substantive decisions on patent infringement within a year, granting injunctions in all valid and infringed cases.
moreinjunctions
#trade-secrets

Trade Secret Protection in the Digital Age: When Does Web Scraping Cross the Line?

The Supreme Court is being asked to clarify the legality of web scraping for trade secrets under the DTSA.

What You Need to Know About Trade Secrets in 2024

The uncertainty in identifying trade secret subject matter leads to early disputes in trade secret litigation.

Trade Secret Protection in the Digital Age: When Does Web Scraping Cross the Line?

The Supreme Court is being asked to clarify the legality of web scraping for trade secrets under the DTSA.

What You Need to Know About Trade Secrets in 2024

The uncertainty in identifying trade secret subject matter leads to early disputes in trade secret litigation.
moretrade-secrets

U.S. FRAND / RAND Licensing Developments of 2024: The ITC and District Courts

Filing an ITC complaint does not inherently violate FRAND obligations if good faith negotiations have occurred.
#uspto

What Happened at the USPTO in 2024-and What's to Come

Upcoming USPTO leadership changes will influence patent policies in 2025, particularly with the new Director's potential alignment with previous Big Tech policies.

Some numbers from this week

High allowance rates in different patent categories indicate variability in scrutiny levels within the USPTO.

What Happened at the USPTO in 2024-and What's to Come

Upcoming USPTO leadership changes will influence patent policies in 2025, particularly with the new Director's potential alignment with previous Big Tech policies.

Some numbers from this week

High allowance rates in different patent categories indicate variability in scrutiny levels within the USPTO.
moreuspto

The Top Legislative Developments of 2024 for Trademarks

The Senate designated July 2024 as 'National Anti-Counterfeiting and Consumer Education and Awareness Month' to combat the counterfeit product issue.

Intentionally Building and Managing an In-House IP Team

Building an in-house IP team requires a holistic approach that integrates strategy, personnel, and operations for maximum effectiveness.

Delaware Supreme Court Refuses to Enforce Noncompete Against Company Founder Who Joined Competitor

Delaware courts can strike down overbroad restrictive covenants rather than modifying them, affirming enforceability standards in contractual agreements.

ArentFox Schiff LLP is Seeking an IP Litigation Associate - IPWatchdog.com | Patents & Intellectual Property Law

ArentFox Schiff seeks a patent litigation associate to enhance their commitment to diversity while tackling significant legal challenges.

The Briefing: Is This Just A Copycat Influencer Case or Something More Problematic?

Can an influencer sue another for having a similar aesthetic?Scott Hervey and Jessica Marlow dive into a Texas case that could reshape creator marketing on this episode of The Briefing.

Understanding IP Matters: Ex-War Photographer Helps Remove the Source Mystery from Images and Content

Provenance of digital content is essential for credibility in an AI-driven world.

SCOTUS Denies Petition Challenging Post-Patent Expiration Royalty Obligations Upheld in Arbitration

The U.S. Supreme Court upheld lower court rulings requiring Zimmer Biomet to continue paying royalties, citing the separation of royalties from patent rights in the agreement.
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