Intellectual property law

[ follow ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Inventor Profiles: Kariko, Weissman Earn Nobel Prize for Modifying mRNA and Paving Way for COVID-19 Vaccines

Katalin Karikó and Drew Weissman were awarded the 2023 Nobel Prize in Physiology or Medicine for their work with modified mRNA vaccines.
mRNA vaccines were not effective until the pioneering work of Karikó and Weissman.
Karikó faced rejection and lack of funding for her research but continued to pursue it. [ more ]
Patently-O
6 months ago
Intellectual property law

Upcoming Events

Dennis has several upcoming public events in the field of intellectual property law.
Some of the events include the AIPLA Annual Meeting, the 61st Annual Conference on Intellectual Property Law, and the IP Timely Topics CLE. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Is the United States' Nonobviousness Test 'Plausibly' Similar to the EPO/UK Inventive Step Standard?

Plausibility is a key concept in determining inventiveness in patents.
There are substantive differences between the inventiveness frameworks in the EPO, UK, and US. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

As American as Apple Pie: In Defense of Bundled Rebates

Bundling can violate antitrust laws.
Clear standards and tests are important to determine when bundling should be condemned. [ more ]
Intellectual Property Law Blog
6 months ago
Intellectual property law

Generative AI and Copyright - Some Recent Denials and Unanswered Questions

US copyright law requires human authorship, ruling out AI as an author.
Questions remain about collaborative works and copyright protection for other technologies. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Social Media Ad Company Seeks Injunction, Damages in First Trademark Suit Against Musk's 'X'

X Social Media has filed a lawsuit against Elon Musk's X Corp for trademark infringement.
X Corp, formerly Twitter, was aware of X Social Media's registered trademark.
X Social Media has used the letter X in blogs and newsletters. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Cold Open: The Impact of Artificial Intelligence on Authorship in Film and Television Writing

The Writers Guild of America reached a tentative three-year deal to resolve a writer's strike.
One of the major points of contention was the use of artificial intelligence in the screenwriting process. [ more ]
Patently-O
6 months ago
Intellectual property law

VirnetX Seeks Supreme Court Review of IPR Joinder and Fake Acting Officials

VirnetX has petitioned the Supreme Court to review two key Federal Circuit rulings in its ongoing patent dispute with Apple.
The first ruling concerns the interpretation of inter partes review joinder provisions, while the second ruling involves the requirements of the Federal Vacancies Reform Act. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Amgen is the Answer to Alice

The Court's rationale in Amgen can clear up the confusion created by Alice.
Section 101 must be applied as written by Congress, without adding exceptions that were not expressed by Congress. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Supreme Court Rejects Latest Bid to Clarify Patent Eligibility

The U.S. Supreme Court denied a petition for certiorari in the CareDX case, leaving the patent eligibility law in a state of confusion.
Retired Judge Paul Michel urged the Supreme Court to choose the right cases and focus on the right questions when granting cases. [ more ]
Patently-O
6 months ago
Intellectual property law

Kavanaugh Signals Openness to Revisiting Patent Eligibility Framework as Supreme Court Declines CareDx Petition

The Supreme Court declined to hear the patent eligibility case CareDx v. Natera, leaving in place a ruling that invalidated CareDx's patents on its method for detecting organ transplant rejection.
The patents were invalidated under the judicial exception for natural phenomena, sparking criticism of the Court's Mayo/Alice framework for patent eligibility.
The outcome is disappointing for the medical diagnostics industry as without reliable patent protection, funding for research and commercialization may decrease. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

This Week in Washington IP: Counteracting Piracy and Counterfeiting, AI in Employment and Hiring, and Predicting China's Power

The U.S. Patent and Trademark Office (USPTO) is hosting an event on anti-counterfeiting and anti-piracy strategies.
The Brookings Institution is holding a discussion with the EEOC Chair on the use of AI in employment and hiring.
Customs and Border Protection reported a 152% annual increase in the estimated retail value of seized counterfeit and pirated products. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Trade Secret Management and the Fear of Missing Something

Identifying the categories of information that are 'crown jewels' is enough for many companies.
An approximate answer to the right problem is more valuable than an exact answer to an approximate problem. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

What the Patent Eligibility Restoration Act Means for Artificial Intelligence Inventions

PERA does not make AI patentable.
The Patent Eligibility Restoration Act aims to return to a time when Bilski was the law of the land. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Don't Do That: Judges Share Their Courtroom Pet Peeves

Maintaining professionalism in court is crucial for attorneys.
Judges are annoyed by petty squabbles and scheduling issues in court. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Other Barks & Bites for Friday, September 29: SCOTUS Grants Copyright Petition; Massachusetts Court Overturns $176.5 Million Patent Infringement Judgment Against Eli Lilly; and Hollywood Writers Reach Tentative Agreement with Studios that Includes Copyright Protections from AI

The Supreme Court grants a copyright case on retroactive relief under the Copyright Act.
The Writers Guild of America reaches an agreement with Hollywood studios that offers writers copyright protections from AI-generated scripts. [ more ]
The IP Law Blog
6 months ago
Intellectual property law

The Briefing: Judge Finds Lyrics and Themes "Guns, Money, and Jewelry" Too Commonplace for Copyright Protection

An Illinois judge rejected a copyright infringement claim by rapper Gutta against hip-hop artist Future.
The dispute between the two artists was discussed on an episode of The Briefing podcast. [ more ]
Patently-O
6 months ago
Intellectual property law

Discovering the Limit: Calculating the Copyright Damages Timeline

The Supreme Court has granted certiorari in a case questioning whether the Copyright Act precludes retrospective relief for acts that occurred more than three years ago.
The Eleventh Circuit held that the three-year timeline does not begin until the owner knows or has reason to know they were injured.
The Supreme Court has previously implied a discovery rule into many statutes of limitation but has not directly addressed its applicability in copyright cases. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Brazilian Court Enforces Preliminary Injunction Against Netflix

DivX scored a win in a Brazilian court against Netflix for patent infringement.
The court ratified an expert report enforcing a preliminary injunction and ordered Netflix to deposit fines. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

IP VIPS Send Letter to Congress Countering Calls for Government Price Controls on Drugs

Twenty-five intellectual property luminaries have sent a letter to Congress warning against the misleading claims by activists and academics about government price controls on drugs.
The letter focuses on debunking previous claims that the Bayh-Dole Act and Section 1498 can be used to break patents and impose price controls. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

United States Slips Back to Third Place in WIPO's Global Innovation Index 2023

The number of VC deals increased by 17.6% in 2022, but the total value of those deals declined by 40%.
Sweden has surpassed the United States in the Global Innovation Index, which should encourage policymakers to address the country's innovation engine. [ more ]
Patently-O
6 months ago
Intellectual property law

Broad Claim

Patent prosecutors should carefully craft claims early on with a narrower scope to avoid challenges during IPR proceedings.
The '218 patent could have benefited from more specific claims that would have been harder to invalidate. [ more ]
The IP Law Blog
6 months ago
Intellectual property law

Court Rules Lego Creation Based on Religious Texts is Eligible for Copyright Protection

The District Court granted the plaintiff's motion for summary judgment on the validity of its copyright.
The plaintiff's LEGO-brick interpretation of the Second Holy Temple is considered an original and copyrightable work. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Meeting Marvels: The Value and Necessity of Invention Disclosure Meetings

Meeting with inventors is the best tool for increasing patent value and decreasing patent costs.
Invention disclosure meetings help inventors become better at describing their inventions and understanding patent law. [ more ]
Patently-O
6 months ago
Intellectual property law

Seeking Comment on Standards, SEPs, and Competitiveness

The USPTO, ITA, and NIST have extended the deadline for public comments on standards and intellectual property to November 6, 2023.
Topics of interest include U.S. firms in international standards development, small and medium enterprises' issues, and standard essential patents. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Deadline for Comments on USPTO RFC on Standards and IP Extended

The USPTO has extended the deadline for comments on its collaboration initiative concerning standards and intellectual property.
The agencies are seeking input on U.S. firm participation in standard setting and the adoption of standards for emerging technologies. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Fair Imitation or Infringement? Analyzing the 'Humans of Bombay' Copyright Case

Balancing the protection of original creative works and fair use is a challenge in the context of social media content creation.
Humans of Bombay filed a lawsuit against People of India for unauthorized use of copyrighted material.
The Delhi High Court found clear evidence of substantial imitation in the case. [ more ]
Patently-O
6 months ago
Intellectual property law

Guest Post by Prof. Goodman - Unseen Contributors: Rethinking Attribution in Legal Practices for Equity and Inclusion

Despite progress in hiring women attorneys, there has been little increase in partner retention in law firms.
The environment within law firms can be unfriendly to non-Caucasian, non-cisgender male, non-heterosexual lawyers.
Allocation of credit on legal documents is not equitable, contributing to the gender gap. [ more ]
Patently-O
6 months ago
Intellectual property law

Guest post by Dr. Dimeglio - An Invitation to Inclusive Innovation

Virtual reality, AI chatbots, and other emerging technologies are driving inclusive innovation.
Engaging diverse inventors at large technology companies presents challenges.
The need to create and commercialize products that meet the promises of emerging technologies is driving patentable breakthroughs. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

IP Goes Pop! Podcast - I'm a Barbie Girl in an IP World

Exploring the connections between Barbie, pop culture, and intellectual property law.
The legal history of Barbie includes trademarks, patents, trade secrets, and copyright law. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Independent Inventor Seeks New Trial for LG's Alleged Violations of Sotera Stipulation

Independent inventor Carolyn Hafeman argues for a new patent infringement trial due to LG's invalidity arguments violating LG's own stipulation.
LG is accused of disguising printed publication disclosures as 'system art' in the case. [ more ]
Patently-O
6 months ago
Intellectual property law

Emails Analyzing Own Patents Likely Not Trade Secrets

Protective orders in patent cases can limit public access to court records, undermining transparency and accountability.
Balancing a party's interest in confidentiality with the public's right to open courts is crucial in patent litigation. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Brazilian Innovation in Extraction and Recycling Stages of EV Battery Technology

Brazil is emerging as a market for electric vehicles, with a 58% increase in sales in the first semester of 2023 compared to last year.
Lithium-ion batteries are the most commonly used type of battery in electric vehicles due to their high capacity and fast charging capabilities. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Privacy and Data Security Due Diligence: Best Practices for Avoiding Bumps Down the Road

Privacy and data security issues can have a significant impact on deals and result in financial losses.
Companies should anticipate privacy and data security inquiries and address issues in advance of the due diligence process. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Realtek Denied Mandamus Relief at CAFC in ITC Battle with AMD

The CAFC denied Realtek's petition for writ of mandamus.
Realtek initiated an ITC investigation against AMD alleging patent infringement. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

This Week in Washington IP: How the USPTO and Innovators Can Harness AI, a Preview of the Upcoming Supreme Court Term, and Assessing the Biggest Talking Points for U.S. Trade Policy

The U.S. Patent and Trademark Office (USPTO) is exploring the use of AI tools in IP innovation.
The Hudson Institute will discuss semiconductor geopolitics and trade policy with former U.S. Trade Representative Ambassador Susan Schwab.
The House Science Committee will examine how the EPA uses technology and research development to support stakeholders. [ more ]
Patently-O
6 months ago
Intellectual property law

Federal Circuit Affirms Finding of Indefiniteness in Dispute Over Mobile Phone and Camera Patents

The U.S. Court of Appeals for the Federal Circuit affirmed that certain claims in two patents owned by WSOU Investments LLC were invalid.
The decision provides lessons on the requirements for definiteness and disclosure of corresponding structure under 35 U.S.C. §112. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
6 months ago
Intellectual property law

Artificial Intelligence in Drug Development: Patent Considerations

AI has the potential to revolutionize drug discovery and development
Using AI can streamline and optimize the drug development process [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

IPWatchdog LIVE 2023 Recap: Video of Judge Newman's Powerful Remarks and What Sets the LIVE Meeting Apart

IPWatchdog LIVE 2023 was a successful event with a lineup of industry leaders and advocates.
Brian O'Shaughnessy received the 2023 Paul Michel Award and Henry Hadad received the Inaugural 2023 Pauline Newman Award. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

New USPTO Paneling Guidance for TTAB and PTAB Requires Disclosure of Financial Interests Regardless of Dollar Value

USPTO has issued new guidance on empaneling procedures for PTAB and TTAB judges.
The guidance asks judges to voluntarily disclose any financial interests in parties involved in cases they are assigned to.
The memo comes after a case where a judge's financial interest led to the reversal of a damages award. [ more ]
The IP Law Blog
7 months ago
Intellectual property law

The Briefing: Court Rejects Post-Warhol Fair Use Defense in Photographer's Copyright Lawsuit

A photographer is suing a real estate media site for copyright infringement.
Media companies should be cautious to avoid copyright infringement lawsuits. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Tips From IP Counsel on Developing a 'Rational IP Strategy' at IPWatchdog LIVE

Legal professionals must balance cutting costs with protecting market share in IP portfolio management.
Understanding clients' business needs is crucial for determining which IP rights to obtain and leverage. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Other Barks & Bites for Friday, September 22: CAFC Says Reasonable Expectation of Success Findings Can Be Implicit; Authors Guild Sues OpenAI for 'Flagrant' Copyright Infringement; EPO Report Finds Massive Growth in 3D Printer Patent Filings

The CAFC says reasonable expectation of success findings can be implicit when combined with other analyses.
Yale University settles a ketamine patent royalty dispute with the Department of Veterans Affairs for $1.5 million.
A group of famous authors files a lawsuit against OpenAI accusing the generative AI company of copyright infringement. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Implementer Arguments at the USPTO Public Listening Session on Standards Ignore Business Realities

Standards policies should compensate innovators to incentivize innovation.
Implementers in the telecommunications industry rely on technologies created by R&D companies pushing innovation. [ more ]
Patently-O
7 months ago
Intellectual property law

How Prosecution History Can Support a Motivation to Combine

The Elekta v. ZAP Surgical case highlights how prosecution history can be used to support a motivation to combine different art references.
In this case, including references to imaging devices in the patent's IDS led to an inference of a motivation to combine with therapy devices. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Atlas Global v. TP-Link: A Missed Opportunity to Clarify the Scope of Standards Related Licensing Obligations

A recent decision granted a patent owner summary judgment in a breach of licensing obligations case.
The court's explanations raise questions about the obligations to make (F)RAND offers and grant (F)RAND licenses. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Weighing the Risks and Rewards of Generative AI for Legal Departments

Generative AI platforms are reshaping work life in the legal industry.
Legal teams can use generative AI to improve productivity while protecting confidential data. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

An Open Letter to Circuit Judges on the Court of Appeals for the Federal Circuit

Compassion and independent judgment are essential qualities for a court
Kindness and support should be extended to colleagues who are suffering from health events [ more ]
Patently-O
7 months ago
Intellectual property law

Federal Circuit Suspends Judge Newman for Refusing Mental Exam

Judge Newman has been suspended for one year for refusing to comply with examinations to test her capacity.
She will not be allowed to hear any cases during her suspension. [ more ]
Patently-O
7 months ago
Intellectual property law

Enabled to Claim the Unknown? Federal Circuit applies Amgen v. Sanofi to invalidate broad antibody claims

The Federal Circuit affirmed a finding of invalidity for lack of enablement in Baxalta v. Genentech.
Functional antibody claims were insufficiently enabled under 35 U.S.C. §112.
Structurally defining inventions is important in unpredictable arts like biotechnology. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

A 'Disgraceful and Insulting' Decision: Judicial Council Officially Suspends Newman for One Year, Claiming 'Serious Misconduct'

CAFC Judge Pauline Newman has been suspended from all cases following a recommendation by the Special Committee.
The order discounts the independent medical reports submitted by Newman in lieu of preferred exams.
The order claims that the exams administered to Newman are insufficient to detect dementia. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Vidal Stresses Importance of Transparency and Integrity in Agency Decision-Making on Final Day of IPWatchdog LIVE

USPTO Director Kathi Vidal emphasizes the need for public participation to improve the functioning of the agency.
The USPTO's proposed rulemaking on PTAB proceedings is informed by public responses to an advanced notice of proposed rulemaking (ANPRM).
Director Vidal is committed to running the agency and implementing rules until Congress takes action. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

LIVE Panelists Predict Little Hope for Major Change from PTAB Rulemaking and Legislation

Attendees at IPWatchdog LIVE 2023 panel believe PTAB will not be eliminated.
Questions remain about the effectiveness of recent PTAB reforms proposed by the USPTO. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Judge Newman Gets Standing Ovations During IPWatchdog Masters Hall of Fame Induction; Presents First Ever Pauline Newman Award

Judge Pauline Newman received a standing ovation at the IPWatchdog LIVE event and was inducted into the IPWatchdog Masters Hall of Fame.
Newman hinted at the need for a possible major upheaval of the judicial system for IP rights.
The IPWatchdog Masters Hall of Fame now includes Judge Pauline Michel, Sherry Knowles, Phil Johnson, Bob Stoll, and Q. Todd Dickinson. [ more ]
Patently-O
7 months ago
Intellectual property law

Supreme Court Patent Petitions: Seeking Guidance on Eligibility, Inventorship, and Procedure

The Supreme Court has several pending petitions regarding patent issues but none have been granted certiorari yet.
The CareDx Inc. v. Natera, Inc. case is seen as the current leading eligibility case.
The ChromaDex, Inc. v. Elysium Health, Inc. case is another significant natural law case. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

House Judiciary Chief IP Counsel Tells IPWatchdog LIVE Attendees Eligibility Companion Bill to Be Introduced Soon

A House version of the Patent Eligibility Restoration Act (PERA) is likely to be introduced in the near future.
The lack of consensus on patent issues may stall legislation like PERA and the Promoting and Respecting Economically Vital American Innovation Leadership Act (PREVAIL). [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

This Week in Washington IP: One Year Review of the CHIPS Act, Pandemic Preparedness and Patents, and IP Standards Public Listening Session

The House IP Subcommittee is evaluating IP competition with China.
The House Space Committee is reviewing one year of the CHIPS and Science Act.
The United Nations is holding a high-level meeting on pandemic preparedness and vaccine patents. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Third Annual IPWatchdog LIVE Commences with Paul Michel Award, Pleas to Get U.S. IP System Back on Track

Retired U.S. Court of Appeals for the Federal Circuit Chief Judge Paul Michel criticized the U.S. Supreme Court for providing contradictory and unhelpful guidance in recent IP cases.
Michel stressed the importance of considering the "architecture of the system and functionality in the marketplace" in IP decisions.
There is a need for reform at the Supreme Court level to address the lack of understanding of market realities. [ more ]
Patently-O
7 months ago
Intellectual property law

Logos Remain Relevant: Source Confusion and Design Patent Infringement

The absence of source confusion does not necessarily preclude a finding of design patent infringement.
Logos can still be relevant as visual distractors in the process of evaluating similarities and differences in design patent infringement cases. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

We Want Your Input on Content for IPWatchdog's SEP Masters Program

IPWatchdog is hosting the 5th Annual Standards, Patents and Competition Masters™ program on November 14-15, 2023.
The program will cover various topics related to Standard Essential Patents (SEP), including FRAND licensing, patent pools, and multi-jurisdiction enforcement strategies.
Interested speakers should have at least 12 years of relevant industry experience. [ more ]
Patently-O
7 months ago
Intellectual property law

Federal Circuit Narrows Scope of Egyptian Goddess

The Federal Circuit vacated a jury verdict of non-infringement in a design patent dispute between Columbia Sportswear and Seirus Innovative Accessories.
The decision makes it easier to prove design patent infringement and emphasizes the importance of defining the article of manufacture during prosecution. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Planning for Success in Section 337 Investigations

Rapid response is key in section 337 investigations before the US International Trade Commission (ITC).
Developing strategies for the target date, fact discovery planning, and storytelling is critical to success in the investigation. [ more ]
The IP Law Blog
7 months ago
Intellectual property law

The Briefing: Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions

Failure to disclose certain relationships with a third party can have serious legal consequences.
The topic is discussed on The Briefing with Scott Hervey and Eric Caligiuri.
Watch the episode on the Weintraub YouTube channel or listen to the podcast episode. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Other Barks & Bites for Friday, September 15: CAFC Issues Precedential Ruling in Design Patent Case; Tech Titans Testify Before Congress on AI; FTC Publishes Policy Statement on 'Improper Patent Listings'

The CAFC issued a precedential ruling in a design patent case between Columbia Sportswear and Seirus Innovative Accessories.
The Federal Trade Commission released a policy statement charging brand pharmaceutical companies with improperly listing patents in the Orange Book. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

The Briefing Podcast: Shedding Light on Willful Blindness in the Online Marketplace

A recent legal case involving Redbubble and Brandy Melville explores contributory trademark infringement and the willful blindness doctrine.
The appellate panel clarified that general knowledge of trademark infringement on a platform is insufficient to establish willful blindness.
The case highlights the evolving landscape of online trademark infringement liability. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

U.S. Chamber Announces Framework Aimed at Reshaping National IP Narrative

A framework of intellectual property principles has been published to maintain America's global lead in innovation.
IP policies that defy market-based principles give a foothold to America's foreign rivals. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

What Vidal's Sua Sponte Director Review of Unprecedented PTAB Sanctions Order Could Mean for PTAB Practice

The PTAB is willing to issue severe sanctions for misconduct, including cancelling patents.
Longhorn's patents were cancelled as sanctions for violating the duty of candor.
Practitioners should be cautious to avoid accusations of misconduct before the PTAB. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Be Proactive, Not Reactive: Recognizing Patentable Inventions for Academic Researchers

Contacting your institution's Technology Transfer Office early and often is important to protect research projects and receive recognition.
Recognizing situations that frequently give rise to valuable inventions can help researchers determine when to seek IP protection. [ more ]
The IP Law Blog
7 months ago
Intellectual property law

Award-Winning AI Art Not Copyrightable

Jason M. Allen's attempts to copyright his AI-generated artwork have been unsuccessful.
The Copyright Office requested Allen to exclude the portions of the artwork generated by AI from his copyright claim.
Allen's arguments for copyright registration based on human authorship and public policy were rejected by the Copyright Office. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

TRUMP TOO SMALL Amici Weigh in as High Court Readies for Another Trademark Fight

The U.S. Supreme Court will hear arguments regarding the rejection of a trademark application for the mark TRUMP TOO SMALL.
The U.S. Court of Appeals for the Federal Circuit ruled that rejecting the trademark application was unconstitutional.
The key question is whether the refusal to register a mark under Section 1052(c) violates the Free Speech Clause of the First Amendment. [ more ]
Intellectual Property Law Blog
7 months ago
Intellectual property law

5 Things Corporate Boards Need to Know About Generative AI Risk Management

Investors and companies are investing heavily in generative AI (GAI) to tap into a potential $4.4 trillion market.
Directors should consider legal issues and business risks related to AI technology and models.
Boards should educate themselves on AI issues and implement policies to manage risks. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Opening Moves in the ITC: Strategic Considerations for Pre-Institution Filings in Section 337 Investigations

The period following the filing of a section 337 complaint with the U.S. International Trade Commission (ITC) can be chaotic.
ITC litigants must develop strategies for addressing the public interest implications and other issues in their filings. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Blow to Computer-Implemented Inventions: Canadian Court of Appeal Strikes Down the Subject-Matter Eligibility Test

The Canadian Federal Court of Appeal (FCA) overturned the test on subject matter eligibility of computer-implemented inventions.
The FCA clarified important areas related to claim construction and patentability analysis.
The FCA emphasized that novelty may be relevant in determining patent eligibility. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

WIPO is Seeking a Head of the Legislative, Policy and Technology Advice Section - IPWatchdog.com | Patents & Intellectual Property Law

WIPO is seeking a Head of the Legislative, Policy and Technology Advice Section
The role involves providing legislative and policy assistance to Member States in the fields of patents, utility models, trade secrets, and layout designs of integrated circuits
The incumbent will also be responsible for conducting legal research and developing the methodology of providing legislative and policy advice. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

More Authors Sue OpenAI for Copyright Infringement

Pulitzer Prize-winning author and other prominent figures are suing OpenAI for copyright infringement.
The lawsuit claims that OpenAI used copyrighted materials without compensating the authors.
The datasets used by OpenAI to train ChatGPT are alleged to be infringing. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Delisting Counterclaims in Hatch-Waxman Cases: An Ineffective Weapon to Address Improper Patent Listing

Delisting counterclaims are not resolved quickly enough to benefit generic applicants impacted by the listing.
Improper patent listing can disrupt the balance between pharmaceutical innovation and access to affordable drugs. [ more ]
Patently-O
7 months ago
Intellectual property law

A Point of View vs The Point of View: Federal Circuit's Subtle Claim Construction

The Federal Circuit vacated and remanded two PTAB decisions that upheld Corephotonics' patent claims.
The court found that the PTAB erred in construing a claim term and violated the APA in its obviousness determination. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Patently Strategic Podcast: Government Grants and Patent Rights

Non-diluting capital can be an essential source of funding for startups.
Government grants like STTR and SBIR come with strings attached and potential ramifications for patent rights. [ more ]
Patently-O
7 months ago
Intellectual property law

Narrowing the Analogous Arts with a Problem-Solution Statement

The Federal Circuit issued an important decision in Netflix v. DivX regarding the analogous art doctrine.
The case raises questions about the value of explicitly stating the problem solved within the patent document.
The binary approach of the analogous art test may not be the most flexible or effective approach. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

CAFC Vacates Netflix and Apple Losses at PTAB in Two Precedential Rulings

The U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and remanded decisions of the Patent Trial and Appeal Board (PTAB).
The CAFC said the PTAB abused its discretion in finding that Netflix failed to articulate a field of endeavor to establish analogous art.
The CAFC vacated the PTAB's finding that Apple had failed to prove Corephotonics' patent claims unpatentable as obvious. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Third Circuit Cancels Watermelon Candy Trademark in Precedential Functionality Decision

The U.S. Court of Appeals for the Third Circuit ruled that a federally registered trademark should be canceled because the mark as a whole identifies the candy's flavor.
PIM Brands filed suit against Haribo for trademark and trade dress infringement, but the district court ruled in Haribo's favor.
The Third Circuit found that the coloring of PIM's watermelon candy was functional as it identified the candy's flavor. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

This Week in Washington IP: Registering Trademarks in Mexico, Getting a Handle on Drug Prices, and Congress Talks AI

Congress holds hearings on AI, covering transparency and government implementation.
USPTO hosts event on registering and enforcing trademarks in Mexico.
American Enterprise Institute looks at balancing drug pricing and innovation. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Best Practices for Conquering the Enablement Requirement After Amgen

Consider reissue if no current patent or pending application with sequence claims.
Amgen decision limits broad genus claims in biotechnology field. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Navigating the Brazilian Regulatory System for Life Sciences and Agribusiness

Regulatory law in the Life Sciences and Agribusiness sector in Brazil is important for promoting scientific innovation while protecting biodiversity and society.
Companies must navigate a complex set of laws and regulations before commercializing products in Brazil, especially in the pharmaceuticals, seeds, pesticides, food, and cosmetics sectors.
The Brazilian Sanitary Surveillance System plays a key role in regulating the production and sale of products that may pose risks to public health. [ more ]
The IP Law Blog
7 months ago
Intellectual property law

The Briefing: How to Avoid Bearing The Risks of A Naked License

The 11th Circuit upheld a finding that Lighthouse Enterprises issued a naked license.
Scott Hervey and Eric Caligiuri discuss the risks of a naked license in this episode.
Avoid bearing the risks of a naked license by ensuring proper control and supervision over licensees. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Other Barks & Bites for Friday, September 8: District Court Reverses Jury Ruling That Found Google Infringed on Audio Technology Patents; ITIF Pushes Back Against Academic Article Advocating for Reduction of Drug Prices; Copyright Office Denies Artist Copyright Claim of AI-Generated Art Piece

A copyright infringement lawsuit against Sam Smith and Normani has been dismissed by a California district court.
A Delaware district judge reverses a jury ruling that awarded $15.1 million to a company accusing Google of patent infringement. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Copyright Office Denies Registration to Award-Winning Work Made with Midjourney

The U.S. Copyright Office is denying registration of works created using generative artificial intelligence (GAI) technology.
The Copyright Office guidance states that if a work is determined to have been created solely by a machine, it will not be registered.
The Office cited Midjourney as an example of an AI tool that generates complex works with a simple prompt from a human user. [ more ]
Patently-O
7 months ago
Intellectual property law

The Federal Circuit's New Reluctance to Limit Claims

The Dali Wireless Inc. v. CommScope Techs. LLC case deals with claim construction and the tension between construing claims broadly versus importing limitations from the specification.
Both Dali Wireless and Sisvel International demonstrate the Federal Circuit's reluctance to confine claims to specification embodiments when the language supports a broader plain meaning.
The Federal Circuit rejected an appointments challenge in the Dali Wireless case, citing the previous decision in United States v. Arthrex. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Understanding the Differences Between the USPTO's ANPRM and the PREVAIL Act

The ANPRM and PREVAIL Act address issues with the inter partes review (IPR) process.
The ANPRM stays closer to the status quo while the PREVAIL Act supports patent owners further. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Judge Newman: 'I Cannot Understand Why My Colleagues Have Decided to Destroy Me'

The New Civil Liberties Alliance released a forensic psychologist's report on Judge Newman's mental fitness.
The Special Committee is investigating Judge Newman for misconduct and her refusal to submit to medical examinations. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Chief IP Counsel Tips for Building a High-Impact Team

Dedicate sufficient bandwidth to strategic work.
Continuously assess and adapt the team's composition.
Embrace technology and automation to streamline processes and increase efficiency. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

PQA Says Its Discovery Failures Were 'Legitimate Objections' in Recent PTAB Briefing on VLSI Attorneys' Fees Award

PQA argues that its failure to respond to mandated discovery and alleged misrepresentations should not result in an attorneys' fee award.
PQA claims that VLSI suffered no harm from the alleged misconduct.
PQA argues that VLSI already had copies and/or knowledge of the undisclosed information. [ more ]
Patently-O
7 months ago
Intellectual property law

Navigating Claim Construction and Broadening Amendments: Lessons from Sisvel v. Sierra Wireless

Sisvel's patents on methods and systems for exchanging frequency information in cellular networks were found to be unpatentable.
The Federal Circuit affirmed the PTAB's claim construction and denial of Sisvel's motion to amend the patent claims. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Federal Circuit Says Bid to Dismiss Case for Improper Venue Doesn't Meet Mandamus Standard

Charter Communications' petition to dismiss Entropic Communications' patent infringement suit for improper venue has been denied.
Charter argued that its business was not being carried out from in-district locations, but the court rejected this argument. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

CIPU Report Identifies Key Criteria Driving Strong Entrepreneurship & Innovation Programs at U.S. Universities

E&I programs at U.S. universities are increasingly incorporating IP into students' business education.
The CIPU report aims to evaluate the level of IP engagement among students at top U.S. universities.
The report highlights star examples of programs that improve IP engagement. [ more ]
Patently-O
7 months ago
Intellectual property law

Mandamus for Improper Venue

The U.S. Court of Appeals for the Federal Circuit declined to dismiss a patent infringement lawsuit against Charter Communications based on improper venue.
The decision highlights the difference between motions to dismiss for improper venue and motions to transfer venue for convenience.
Mandamus relief from denial of an improper venue motion is an extraordinary remedy. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

CAFC Panel Investigating Newman Says District Court Case Must Be Dismissed

The Special Committee investigating Judge Pauline Newman's fitness to continue serving on the CAFC argues that her claim that the Judicial Conduct and Disability Act of 1980 is unconstitutional should be dismissed.
The CAFC panel asserts that the court has no jurisdiction to review the actions of its own circuit's judicial council, let alone the Federal Circuit's.
The motion to dismiss claims that Newman's allegations of the Act being unconstitutional hold no merit. [ more ]
IPWatchdog.com | Patents & Intellectual Property Law
7 months ago
Intellectual property law

Passing PERA Assures Patent Eligibility for All Useful Inventions

Confusion and misunderstanding among independent inventors may stall the eligibility reform bill introduced by Senators Coons and Tillis.
The bill does not exclude all artificial intelligence inventions, it merely excludes bare algorithms unattached to computers or devices.
Opposition to the bill from some independent inventors may prevent any legislation at all. [ more ]
[ Load more ]