#patent-law

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#uspto
Intellectual property law
fromPatently-O
1 day ago

Privies, Prior Art, and Procedure: Stewart's Triple Rebuke of PTAB in favor of Patentees

The vacating of semiconductor patents by USPTO Director signifies a shift in privity issue handling, beneficial for patentees.
Intellectual property law
fromPatently-O
1 month ago

Patent Law Year in Review: Top-Nine Topics for 2025

The U.S. patent landscape is shifting dramatically with changes in administration, impacting policies and the backlog of patents.
Key court decisions are reshaping design patent analysis towards flexibility, responding to evolving global standards.
Tech industry
fromPatently-O
2 months ago

New USPTO Leadership on the Horizon: Lutnick Confirmed as Commerce Secretary, Squires Expected as Director

Howard Lutnick confirmed as Secretary of Commerce; John Squires expected to be nominated as USPTO Director with strong IP experience.
Intellectual property law
fromPatently-O
1 day ago

Privies, Prior Art, and Procedure: Stewart's Triple Rebuke of PTAB in favor of Patentees

The vacating of semiconductor patents by USPTO Director signifies a shift in privity issue handling, beneficial for patentees.
Intellectual property law
fromPatently-O
1 month ago

Patent Law Year in Review: Top-Nine Topics for 2025

The U.S. patent landscape is shifting dramatically with changes in administration, impacting policies and the backlog of patents.
Key court decisions are reshaping design patent analysis towards flexibility, responding to evolving global standards.
Tech industry
fromPatently-O
2 months ago

New USPTO Leadership on the Horizon: Lutnick Confirmed as Commerce Secretary, Squires Expected as Director

Howard Lutnick confirmed as Secretary of Commerce; John Squires expected to be nominated as USPTO Director with strong IP experience.
more#uspto
#intellectual-property
Intellectual property law
fromPatently-O
1 month ago

Convergence: Island IP Points to Wave of Rule 36 Petitions

Island Intellectual Property seeks Supreme Court review of Federal Circuit practices regarding summary judgment standards and Rule 36 affirmances.
Intellectual property law
fromPatently-O
1 month ago

Convergence: Island IP Points to Wave of Rule 36 Petitions

Island Intellectual Property seeks Supreme Court review of Federal Circuit practices regarding summary judgment standards and Rule 36 affirmances.
more#intellectual-property
#supreme-court
fromPatently-O
2 months ago
Intellectual property law

Supreme Court Patent Challenges February 2025

The Supreme Court's upcoming patent docket features key challenges that could reshape patent law, particularly concerning procedural practices and core substantive issues.
fromPatently-O
1 week ago
Intellectual property law

I Know I'm Going to Love a Brief That Repeatedly Cites Marbury v. Madison

The case Xerox v. Facebook raises questions about the PTAB's adherence to district court claim constructions, invoking judicial review's principles from Marbury v. Madison.
fromPatently-O
1 week ago
Intellectual property law

Seymour's Shadow: Reviving the Supreme Court's Standard for Prior Art Enablement

Burden of proof in patent enablement lies with the challenger, yet strong presumption of enabling prior art shifts duty to patentee.
fromPatently-O
2 months ago
Intellectual property law

Supreme Court Patent Challenges February 2025

The Supreme Court's upcoming patent docket features key challenges that could reshape patent law, particularly concerning procedural practices and core substantive issues.
fromPatently-O
1 week ago
Intellectual property law

I Know I'm Going to Love a Brief That Repeatedly Cites Marbury v. Madison

The case Xerox v. Facebook raises questions about the PTAB's adherence to district court claim constructions, invoking judicial review's principles from Marbury v. Madison.
fromPatently-O
1 week ago
Intellectual property law

Seymour's Shadow: Reviving the Supreme Court's Standard for Prior Art Enablement

Burden of proof in patent enablement lies with the challenger, yet strong presumption of enabling prior art shifts duty to patentee.
more#supreme-court
#federal-circuit
Intellectual property law
fromPatently-O
1 month ago

Ninth Circuit Rejects Patent Misuse Defense in Minimum Royalty Dispute, Setting Up Potential Supreme Court Review

Patent misuse disputes can arise in contexts beyond the Federal Circuit's jurisdiction, as seen in C.R. Bard, Inc. v. Atrium Medical Corp.
Intellectual property law
fromIntellectual Property Law Blog
2 months ago

Federal Circuit Clarifies 101 Patent Eligibility for Composition-of-Matter Claims

Federal Circuit reversed ITC ruling, affirming patent eligibility of claims related to polycrystalline diamond compacts.
This ruling provides important clarity for patent owners regarding patent eligibility challenges under Section 101.
Intellectual property law
fromPatently-O
1 month ago

Second-Guessing the Jury: The Federal Circuit's Flawed Take on Enhanced Damages in Halo v. Pulse

The Federal Circuit's ruling sidesteps the significance of jury willfulness in determining punitive damages in Halo v. Pulse.
Intellectual property law
fromPatently-O
1 month ago

Ninth Circuit Rejects Patent Misuse Defense in Minimum Royalty Dispute, Setting Up Potential Supreme Court Review

Patent misuse disputes can arise in contexts beyond the Federal Circuit's jurisdiction, as seen in C.R. Bard, Inc. v. Atrium Medical Corp.
Intellectual property law
fromIntellectual Property Law Blog
2 months ago

Federal Circuit Clarifies 101 Patent Eligibility for Composition-of-Matter Claims

Federal Circuit reversed ITC ruling, affirming patent eligibility of claims related to polycrystalline diamond compacts.
This ruling provides important clarity for patent owners regarding patent eligibility challenges under Section 101.
Intellectual property law
fromPatently-O
1 month ago

Second-Guessing the Jury: The Federal Circuit's Flawed Take on Enhanced Damages in Halo v. Pulse

The Federal Circuit's ruling sidesteps the significance of jury willfulness in determining punitive damages in Halo v. Pulse.
more#federal-circuit
#apple
Mobile UX
fromwww.gsmarena.com
1 month ago

Apple Watch won't face import ban as Apple wins the AliveCor patent case

Apple won a significant legal battle against AliveCor, preventing a potential import ban on Apple Watches with EKG sensors.
fromIntellectual Property Law Blog
2 weeks ago
Intellectual property law

You Snooze, You Lose: Federal Circuit Emphasized Once Again the Importance of Preserving Issues for Appellate Review

The Federal Circuit affirmed the invalidation of three AliveCor patents, impacting AliveCor's market position.
Mobile UX
fromwww.gsmarena.com
1 month ago

Apple Watch won't face import ban as Apple wins the AliveCor patent case

Apple won a significant legal battle against AliveCor, preventing a potential import ban on Apple Watches with EKG sensors.
fromIntellectual Property Law Blog
2 weeks ago
Intellectual property law

You Snooze, You Lose: Federal Circuit Emphasized Once Again the Importance of Preserving Issues for Appellate Review

The Federal Circuit affirmed the invalidation of three AliveCor patents, impacting AliveCor's market position.
more#apple
Intellectual property law
fromPatently-O
1 month ago

Federal Court Partially Blocks Executive Order Targeting WilmerHale: USPTO Acting Director Among Named Defendants

Judge Leon partially granted WilmerHale's motion, protecting First Amendment rights against President Trump's executive order.
Intellectual property law
fromPatently-O
1 month ago

Statutory Text vs. Precedent: Analyzing the AIA's On-Sale Bar for Secret Processes in Celanese v. ITC

The Celanese v. ITC case examines whether selling products made from a secret process triggers the on-sale bar under revised patent law.
#prior-art
more#prior-art
fromPatently-O
1 month ago
Intellectual property law

Prosecution Disclaimer Across Patent Family Members

Prosecution history should not broadly limit claims across patent families without clear similarities.
#legislation
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month ago

Other Barks & Bites for Friday, March 7: Lashify Wins ITC Appeal on Economic Prong Analysis; CAFC Says Apple Did Not Violate Discovery Obligations at PTAB; and ParkerVision Files Reply Brief on Rule 36 Appeal at SCOTUS

Federal Circuit clarified discovery obligations for IPR petitioners.
Broadcom's AI chip demand positively impacted their Q1 results.
Novo Nordisk is leading in anti-obesity drug patents.
REPAIR Act aims to enhance automotive consumer rights.
Intellectual property law
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month ago

Other Barks & Bites for Friday, March 7: Lashify Wins ITC Appeal on Economic Prong Analysis; CAFC Says Apple Did Not Violate Discovery Obligations at PTAB; and ParkerVision Files Reply Brief on Rule 36 Appeal at SCOTUS

Federal Circuit clarified discovery obligations for IPR petitioners.
Broadcom's AI chip demand positively impacted their Q1 results.
Novo Nordisk is leading in anti-obesity drug patents.
REPAIR Act aims to enhance automotive consumer rights.
more#legislation
#patent-infringement
Intellectual property law
fromPatently-O
1 month ago

Federal Circuit offers Another Important Expansion of the Domestic Industry Requirement for USITC Jurisdiction

The ITC protects U.S. industries from foreign patent infringement through exclusion orders and has a faster resolution process than district courts.
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month ago
Intellectual property law

Treading Carefully: How to Navigate the Common Law Research Exemption and the Hatch-Waxman Safe Harbor

The common law experimental use exemption offers narrow protections against patent infringement, which poses challenges for scientific research activities.
Courts are increasingly focused on the commercial implications of activities within the context of patent rights.
Intellectual property law
fromPatently-O
1 month ago

Federal Circuit offers Another Important Expansion of the Domestic Industry Requirement for USITC Jurisdiction

The ITC protects U.S. industries from foreign patent infringement through exclusion orders and has a faster resolution process than district courts.
fromIPWatchdog.com | Patents & Intellectual Property Law
1 month ago
Intellectual property law

Treading Carefully: How to Navigate the Common Law Research Exemption and the Hatch-Waxman Safe Harbor

The common law experimental use exemption offers narrow protections against patent infringement, which poses challenges for scientific research activities.
Courts are increasingly focused on the commercial implications of activities within the context of patent rights.
more#patent-infringement
#ptab
more#ptab
Alternative medicine
fromPatently-O
2 months ago

Generic Drugs, Skinny Labels, and Liability for Off Label (Infringing) Use

Hikma's petition seeks clarification on generic drug marketing liability regarding 'skinny labels' under patent law.
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