Intellectual property law

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#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.

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.

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.

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.

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.

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.

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.
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#intellectual-property

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.

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.

How Duracell Uses Trademarks and Trade Dress to Fight Counterfeits

Trademark and trade dress strategies are critical in fighting counterfeiting for brands like Duracell.

Examining Exhaustion of IP Rights in the United States and China

The U.S. and China share similarities in the exhaustion doctrine despite distinct IP legal frameworks and practices.

Ripe for Review: Digital Access to a Banana taped to the Wall

The Eleventh Circuit dismissed Morford's copyright claim against Cattelan, emphasizing the need for stronger evidence of copying.

The IP Community's Wildest Dreams for 2025

Strengthening intellectual property rights through policy changes and legislative support is a priority for 2025.

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.

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.

How Duracell Uses Trademarks and Trade Dress to Fight Counterfeits

Trademark and trade dress strategies are critical in fighting counterfeiting for brands like Duracell.

Examining Exhaustion of IP Rights in the United States and China

The U.S. and China share similarities in the exhaustion doctrine despite distinct IP legal frameworks and practices.

Ripe for Review: Digital Access to a Banana taped to the Wall

The Eleventh Circuit dismissed Morford's copyright claim against Cattelan, emphasizing the need for stronger evidence of copying.

The IP Community's Wildest Dreams for 2025

Strengthening intellectual property rights through policy changes and legislative support is a priority for 2025.
moreintellectual-property

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.

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.

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.

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.

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.
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#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.
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#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.
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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.
#legislation

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.

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.

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.

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.
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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

USPTO Patent Grant Rate and Growing Backlog

The USPTO grant rate has significantly increased since 2010 due to policy changes, but recent trends indicate a possible recalibration under new leadership.

Hundreds of Trademark Applicants Get Erroneous Notices of Abandonment from USPTO

A system error at the USPTO led to incorrect abandonment notices for hundreds of trademark applications, prompting significant client frustration.

Many Paths to Patent Issuance

Navigating USPTO patent prosecution is intricate, sometimes requiring guidance similar to Ariadne's thread.

Howard Lutnick and the Patent System

Howard Lutnick's nomination as Secretary of Commerce could significantly impact patent policy due to his unique experiences in invention and litigation.

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.

USPTO Patent Grant Rate and Growing Backlog

The USPTO grant rate has significantly increased since 2010 due to policy changes, but recent trends indicate a possible recalibration under new leadership.

Hundreds of Trademark Applicants Get Erroneous Notices of Abandonment from USPTO

A system error at the USPTO led to incorrect abandonment notices for hundreds of trademark applications, prompting significant client frustration.

Many Paths to Patent Issuance

Navigating USPTO patent prosecution is intricate, sometimes requiring guidance similar to Ariadne's thread.

Howard Lutnick and the Patent System

Howard Lutnick's nomination as Secretary of Commerce could significantly impact patent policy due to his unique experiences in invention and litigation.

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
#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.

LIZZIE BORDEN Mark 'Whacked' by Appellate Court: But Was it Deserved?

Trademark law can complicate business operations in historically significant locations like Fall River, Massachusetts.
The First Circuit's ruling reflects a balancing act between competing businesses inspired by the same historical figure.

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.

LIZZIE BORDEN Mark 'Whacked' by Appellate Court: But Was it Deserved?

Trademark law can complicate business operations in historically significant locations like Fall River, Massachusetts.
The First Circuit's ruling reflects a balancing act between competing businesses inspired by the same historical figure.
moretrademark-law

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.
#patent-litigation

GAO Report on Third-Party Funding in Patent Cases Indicates Stakeholders Favor Disclosure Requirements

The GAO report highlights growing concerns about third-party funding in patent litigation amid limited data.

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.

GAO Report on Third-Party Funding in Patent Cases Indicates Stakeholders Favor Disclosure Requirements

The GAO report highlights growing concerns about third-party funding in patent litigation amid limited data.

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.
morepatent-litigation

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.

Institutional Stonewalling: The Federal Circuit's Silent Treatment Through Rule 36

Stonewalling in relationships parallels the Federal Circuit's Rule 36 summary affirmances, stifling meaningful engagement and progress in legal arguments.

The Briefing: Trademark Turbulence - Oakland vs SFO in Trademark Showdown

Oakland's attempt to rename its airport didn't take off.

Expert Witness Ethics and Economics: Unpacking the Federal Circuit's En Banc Review of Damages Testimony in EcoFactor v. Google

Expert witnesses often face ethical dilemmas between objectivity and financial incentives, which can compromise their integrity and the judicial process.

Hear from the Experts: How Patent Litigation Funding is Used to Hedge Risk

Litigation finance supports patent rights and acts as a public good by facilitating financial resources for patent holders.

Economist Will Page Reports Global Value of Music Copyright Exceeded Movie Box Office Receipts in 2023

Global music copyright revenues rose 11% to $45.5 billion in 2023, surpassing cinema's $28.6 billion, aided by pandemic recovery.

The Next USPTO Director: Duffy's Four Factor Test

The next USPTO Director should embrace a broader approach to patentable subject matter to foster innovation amidst rapid technological advancements.
from Patently-O
1 month ago

Genius, Gratitude, and the Patent System

The essence of innovation lies in recognizing the human elements and nurturing individual creativity for collective benefit.

Other Barks & Bites for Wednesday, November 27: OpenAI Rebukes Deleted Evidence Accusations; Netlist Awarded $118 Million in Patent Infringement Lawsuit with Samsung; Report Finds Music Copyright Business is in Boom Time

Counterfeit goods remain a significant concern, as demonstrated by the seizure of fake guitars.
The DOJ is pressing charges against Google for monopolistic practices in online advertising.
OpenAI is engaged in a legal dispute with The New York Times regarding copyright infringement.
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