#patent law

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Video games
fromThe Verge
1 day ago

No, Nintendo and Pokemon did not patent 'summoning characters and making them battle'

Nintendo and The Pokémon Company patented an automated overworld summoning and auto-battle system similar to Scarlet and Violet; the patent's validity appears doubtful.
#patent-law
fromPatently-O
1 week ago
Intellectual property law

Discovery Gamesmanship Backfires: Federal Circuit Orders New Trial After Defendant's Bait-and-Switch on Testing Requirements

Apple
fromPatently-O
1 month ago

Fintiv Patent Case Against Apple Ends; Fintiv RICO case Against Apple Begins

Fintiv, Inc. lost its patent lawsuit against Apple, with the court ruling noninfringement on most claims, and has filed new legal actions against Apple.
fromPatently-O
1 week ago
Intellectual property law

Discovery Gamesmanship Backfires: Federal Circuit Orders New Trial After Defendant's Bait-and-Switch on Testing Requirements

Intellectual property law
fromPatently-O
1 week 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
3 weeks 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.
US politics
fromPatently-O
1 month ago

USAA v. PNC: Costume Changes in the IPR Theatre

Inconsistent administrative decisions raise fairness concerns regarding treatment of similar cases.
#acorda-therapeutics
#federal-circuit
#uspto
#ipr
#lanham-act
fromPatently-O
1 month ago
Intellectual property law

The Services Problem That Undermines Crocs' Textualist False Advertising Defense

fromPatently-O
1 month ago
Intellectual property law

The Services Problem That Undermines Crocs' Textualist False Advertising Defense

fromPatently-O
1 month 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
2 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
2 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
2 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
2 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
2 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
2 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
fromPatently-O
2 months ago

Label-Plus Infringement: The Tinderbox Theory of Generic Inducement

Hikma's generic Vascepa, with its "skinny label," poses a challenge for patent protection, potentially undermining the incentives for innovation in the pharmaceutical industry.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
3 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
fromIPWatchdog.com | Patents & Intellectual Property Law
3 months ago

Congress and Courts Need to Look in the Mirror When Asking Why Medical Innovation is Declining

If there are fewer medical diagnostics there will be fewer medical devices and treatments. Real innovation is a function of risk and reward in a mathematical sense.
Intellectual property law
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