The Patent Lawyer

Terex India Private Limited (Terex) filed an appeal against the order passed by the Deputy Controller of Patent and Designs on March 2, 2023 (under Section 117A of The Patents Act, 1970), challenging the refusal of the post-grant opposition filed by Terex for the...

It is very common for patentees to have multiple granted patents within the same patent family, and due to patent term adjustment (PTA), one or more of those patents could expire well beyond the expiration date of other patents in the family. However, what if an...

The Hon'ble Division Bench, High Court of Gujarat recently delivered a judgment on July 19, 2024, in the patent infringement case involving Sonani Industries Pvt Ltd (formerly Sonani Jewels Pvt. Ltd.) and Galactica Processing Technologies LLP & Ors. This appeal...

The Legislative Assembly of El Salvador has approved a new Intellectual Property Law, repealing the previous Law on Trademarks and Other Distinctive Signs, as well as the Intellectual Property Law that had been in force since 1993 and its regulations. The new law...

China has the highest prevalence of type 2 diabetes (T2D) and obesity in the world, owing to growing trends in Western dietary patterns, sedentary lifestyles, and urbanization, making it a lucrative market for GLP-1 receptor agonist developers. According to Clarivate...

What did the King’s Speech say about AI? Many of us working on inventions in the artificial intelligence (AI) sector were watching the King’s speech with anticipation following rumors of an AI bill. Although the speech did not explicitly commit to an AI bill, it did...

Customers should not pay these and should always report them to the IPO IPO issues fresh alert to beware of unsolicited payment requests. Figures show a recent surge in such requests reported by customers – up 63% on the same period last year. IPO publishes updated...

Four weeks after hearing five days of argument, the Court of Appeal delivered a 90-page decision in InterDigital v. Lenovo, dismissing most of the grounds of appeal and cross-appeal.  The only significant issue on which the Court of Appeal disagreed with the trial...

India ranks fifth globally in the number of Generative AI (GenAI) patents published between 2014 and 2023, as highlighted in the World Intellectual Property Organization’s (WIPO) recent report. The report Patent Landscape Report on Generative Artificial Intelligence...

Brussels recast The Brussels I Regulation has been in force, under various names, since 1973 and defines general rules on the jurisdiction of the national courts within the EU. The Unified Patent Court (UPC) has exclusive competence over certain types of patent...

In Loper Bright Enterprises v. Raimondo, the Supreme Court overturned Chevron in a 6-3 decision, thereby eliminating nearly 40 years of Chevron deference to administrative agencies. Based on Section 706 of the Administrative Procedure Act (APA), the majority held that...

On May 13, 2024, the Court of Appeal of the Unified Patent Court (UPC) handed down its second decision dealing with claim construction (CoA_1/2024 / ApL_8/2024). In the first decision of February 26, 2024 (CoA_335/2023 / App_576355/2023), the court had already...

Our Editor-in-Chief, Faye Waterford, had the unique opportunity to attend Potter Clarkson’s residential IP Summer School, an exclusive event that took place on June 25-26 at the University of Nottingham. After a very warm welcome and humorous icebreaker conducted by...

Consumers are very familiar with tech product launches. Years of research, speculation, tech blog rumors, and even legal filings all build anticipation for the long-awaited official announcement. The dramatization of the process is, of course, all part of the...

Increase in defense spending thought to be driving the trend National security patents cover military-grade technology, sophisticated comms equipment drones, and cutting-edge materials. The number of secret ‘National Security’ patents filed in the UK – those deemed by...

Recent court filings reveal that International Business Machines Corp. (IBM) and Rakuten have reached a settlement in their legal dispute. IBM filed the complaint in 2021 alleging that the e-commerce website violated e-commerce-related patents. The settlement brings...

Cultivated meat – growing animal cells in culture and harvesting the results as food – has exploded over the last 10 years. However, between technical hurdles and a challenging funding landscape, many commentators have suggested that the fragmented sector will see a...

On June 4, 2024, the Russian Supreme Court issued a decision that finalized the litigation between KRKA, d.d., Novo mesto (Slovenia), and AstraZeneca AB (Sweden) on invention patent 2643764. About half a year earlier, on January 2, 2024, the Italian Supreme Court...

Patent owners and implementers have struggled to litigate global FRAND rates when negotiations do not lead to a license. FRAND, the concept that a patent owner who participated in creating technical standards used by all companies in an industry should license their...

CTC Legal Media is very excited to announce that, after a long hiatus, the Stuff You Should Know About IP podcast is back with a brand new episode! Hosted by Ray Guarnieri and Thomas J. Colson, episode 50 focuses on eight intellectual property challenges startups must...

The US Patent and Trademark Office (USPTO) has been sued for allegedly infringing on six patents it previously granted. The patents involved are two-factor authentication systems belonging to two individual inventors and are now being contested by Factor2 Multimedia....

In a landmark ruling, the US District Court for the District of Delaware has ordered AstraZeneca to pay Pfizer $107.5 million in damages for infringing on patents related to the lung cancer drug 'Tagrisso.' This case marks a significant victory for Pfizer in the...

A recent judgment on 8 May 2024, by the Hon'ble High Court of Delhi, in Guala Closures SPA v. AGI Greenpac Limited sheds light on the strategic maneuver known as the 'squeeze argument' and its profound significance in patent infringement cases. This case underscores...

The license agreement provides IRBM access to CRISPR gene editing technology to be applied across its drug discovery services offering. Dublin, Ireland, and Rome, Italy, 20 May 2024 — ERS Genomics Limited (‘ERS’), the CRISPR licensing Company, and IRBM, a leader in...

The Irish Government has confirmed its decision to defer the date for the referendum for the ratification of the agreement on a Unified Patent Court (UPC), which was due to be held on 7 June 2024 to coincide with the European and Local elections. No alternative date...

We all know that being active is important for our physical and mental health. However, I am going to look beyond the obvious benefits of being active and take a deeper dive into the field of neuroscience, which demonstrates the interconnectedness of our mind and body...

The Global Intellectual Property Conference (GIPC) is where brilliance meets influence. This isn't your average gathering; it's a convergence of thought leaders, industry titans, innovators, legal experts, and executives from Fortune 500 companies.  Step into the...

R&D in defense driving innovation in drone technology, alongside agriculture and logistics Russia filing significant number of patents as drones used in conflict AI is also a key part of the increase in drone patent filings. The number of global patents filed for...

We were delighted to attend the EUIPO’s 5th IP Case Law Conference held in Alicante on the 29-30 of April 2024 – special thanks to EUIPO for the invitation and exceptional hospitality throughout the conference. Following a warm welcome from Master of Ceremony Thomas...

The race for a COVID-19 vaccine in 2020 was a global effort, but the aftermath has seen a bitter legal battle erupt between pharmaceutical giants. In August 2022, Moderna, a pioneer in messenger RNA (mRNA) technology, launched a lawsuit against Pfizer and BioNTech,...

On 28 March 2024, the Delhi High Court concluded a decade-long litigation between Telefonaktiebolaget LM Ericsson (Ericsson) and Lava Intl. Ltd (Lava) by delivering a landmark judgment that Lava infringed Ericsson’s eight Standard Essential Patents (SEPs) relating to...

As World Intellectual Property Day approaches on 26 April, we asked our Editorial Board their thoughts on this year's focus: 'IP and the SDGs: Building our common future with innovation and creativity.' Established by the United Nations in 2015, the Sustainable...

The USPTO recognizes that practitioners are increasingly using AI tools to prepare and prosecute patent and trademark applications. Therefore, to “cabin the risks” arising from the use of AI, on April 11, 2024, the USPTO issued guidance on the use of AI tools....

World IP Day is April 26, 2024, and the theme for this year is “IP and the SDGs (Sustainable Development Goals): Building our common future with innovation and creativity.” One often overlooked topic is IP and its role in sustainable tourism. Understanding the...

The United States Patent and Trademark Office (USPTO) is poised for a pivotal transformation in its fee structure, slated for fiscal year 2025. This overhaul, far from being a mere procedural update, represents a fundamental shift poised to redefine the landscape of...

In decision T 1252/20, the European Patent Office (EPO) has broadened the ability to protect known substances or compositions, for use in medicine.  In the UK and Europe, patent claims to ‘methods’ are not permitted if the method is surgical, therapeutic, or...

Patents are a golden shield not only for the inventors but also for the ever-growing corporate world. However, there is one mistake that many inventors make that could risk their chances of securing a patent. In this article, let's analyze anticipation laws of patents...

OpenSesame is a leading-edge technology company located in Portland, Oregon. In 2010, it invented and filed a patent application for an unconventional remote learning system titled “Open and Interactive E-Learning System and Method.” After a thorough examination, that...

EU4IP, a new EU-funded cooperation project on intellectual property (IP) matters, was launched by the European Union Intellectual Property Office (EUIPO), in partnership with the National Intellectual Property Center of Georgia (Sakpatenti), the State Agency on...

In the dynamic landscape of intellectual property rights, patents stand as pillars of innovation, providing inventors with exclusive rights to their creations. Patents not only incentivize inventors to bring their ideas to fruition but also foster economic growth by...

As previously reported, in October of 2023, the US International Trade Commission (ITC) ruled that certain pulse oximetry features of the Apple Watch infringed two of Masimo’s patents. Along with the infringement holding, the ITC issued a limited exclusion order,...

This article delves into the intricate legal analysis of the doctrine of equivalence in patent infringement cases, focusing on the recent judgment in Snpc Machines Private Limited v. Mr Vishal Choudhary by the Delhi High Court. The doctrine of equivalence plays a...

On February 16, 2024, the Federal Circuit reminded the bar that arguments cannot be incorporated by reference except in narrow circumstances. In a precedential order, the court chastised counsel whose brief had incorporated by reference an argument from a companion...

The National Institute of Standards and Technology (NIST) recently published a Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights (framework). The framework instructs federal agencies to consider “unreasonable pricing” as a factor in...

Relief could be made more generous to encourage innovation UK companies spending on R&D still lags behind the United States, Germany, and Japan The amount of tax saved by businesses through HMRC’s Patent Box scheme has increased by 23% over the last five years,...

The USPTO recently issued inventorship guidance for inventions assisted by artificial intelligence (AI). The guidance explains that “AI-assisted inventions are not categorically unpatentable.” However, a natural person must have provided a “significant contribution”...

Biotechnology is one of the key technologies with a significant potential to boost Europe’s competitiveness, whilst providing solutions that contribute to reaching the EU’s sustainability ambitions, according to many including the EU Commission. A new regulation for...

Standards and standard essential patents (SEPs) are of growing importance to the UK economy and the Intellectual Property Office (IPO) is committed to ensuring the current SEPs framework functions effectively to encourage innovation and promote competition. In the...

The recent legal skirmish between Intel and R2 Semiconductor in a German court is a call to action for a strategic re-evaluation of how companies manage their most valuable assets: intellectual property (IP). As an IP consultant and inventor of over 100 patents, I...

The European Patent Office (EPO) recently announced a revised fee structure that will allow applicants who are deemed to be 'microenterprises' to receive a 30% reduction on many of the EPO's official fees. The new fee structure intends to promote access to the...

The European Patent Office (EPO) has released a draft of its new Guidelines for Examination, which will come into effect on 1 March 2024. The new guidelines include some important updates to the EPO’s practice for examining inventions in the fields of artificial...

The Implementing Regulations and Examination Guidelines came into force in January this year. The new regulations have optimized the previous version in aspects such as application, examination, enforcement, and protection. These optimizations should make applying for...

On January 24, 2024, Google LLC settled a patent infringement lawsuit over computer chips that power its artificial intelligence (AI) technology. The settlement comes the same day that closing arguments were scheduled to begin in a trial on the lawsuit by Singular...

From knock-off luxury clothing to replica iPads, trademark and copyright infringement come in many forms. More recently, copycats are turning to plant breeders' highly crafted innovations: fruits and vegetables.  Specifically, in China, there are a growing number of...

The Irish Government has announced that it will hold a referendum on joining the Unified Patent Court (UPC) in June 2024. This news moves Ireland closer to becoming the 18th EU country to join the UPC and unitary patent (UP) system. The news was widely welcomed by the...

PepsiCo, the world's second-largest food and beverage corporation, has finally won the long-term court battle against a group of Indian farmers concerning IP rights over its registered potato variety.  Recently, the Hon’ble Delhi High Court Division Bench set aside a...

The court opined that this manner of dealing with a patent application was extremely arbitrary and whimsical and when the judgment was reserved on 29 September 2014, there was an obligation on the Hearing Officer to pass orders within a reasonable period. The time of...

The UK’s biggest banks have filed just a fraction of the patent applications of their American counterparts over the last 10 years, with the top five UK banks collectively applying for just 290 patents while the top 3 US banks collectively applied for 5,027, says...

ECTA has created a Patent Committee. This is quite a surprising move considering that ECTA has the reputation of being an association specialized in other IP rights, particularly trademarks. At first glance, it is surprising that a reputed trademark association like...

Patent law is characterized by a delicate balance between fostering innovation and ensuring that patents are granted on meritorious grounds. Central to this balance is the mechanism of pre-grant opposition, designed to facilitate a rigorous examination of patent...

After several, long delays, the United States Patent and Trademark Office (USPTO) seems to be finally moving forward with implementing the DOCX format requirement for certain patent applications. In its effort to modernize and streamline its systems, the USPTO is...

To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the...

The Unified Patent Court (UPC) Rules on public access were meticulously debated in the run-up to the UPC's launch. As a court, its task first and foremost should be to provide justice, and justice should be transparent. Right? This seemed to be the intention behind...

Lenovo has sued ASUS TeK in the Northern District of California (23-CV-5892), alleging ASUS’ Zenbook Pro laptop infringes four of Lenovo’s patents: a rotatable hinge (US Patent No. 8,687,354), diagonal touchpad scrolling (7,760,189), a wireless wake feature...

At the beginning of November 2023, the footwear giant Nike filed lawsuits against its competitor, New Balance, before the Federal Court of Massachusetts and against Skechers before the Federal Court of Los Angeles for infringement and non-consensual use of patented...

On November 15, 2023, the United States Patent and Trademark Office (USPTO) announced that it is creating a new patent bar specifically for design patents. Practitioners with one of the following degrees: bachelor’s, master’s, or doctorate, qualify to seek admission...

The UK Government’s enthusiasm for technology as evidenced by the recent Autumn Statement and the AI Safety Summit is positive and recognizes the fantastic scientific resources we have in the UK (including our universities, scientists, angels, VCs, IP lawyers, and...

Recent UPC decisions have prevented the public from seeing court evidence The outcome of a test case challenging these decisions is expected in early 2024. The Unified Patent Court (UPC) has scheduled a hearing in a key test case on public access to evidence for...

A recent judgment of the High Court of England and Wales has opened the door for patenting artificial intelligence (AI) in the United Kingdom. The judgment in Emotional Perception AI Ltd v. Comptroller-General of Patents, Designs, and Trade Marks [2023] EWHC 2948...

Early last month, the Supreme Court rejected a petition from inventors challenging a Federal Circuit ruling that their reissue patents were invalid. The rejection leaves in place the Federal Circuit’s standard for a reissue patent application; whether the original...

Most Canadian IP Office (CIPO) fees are going up ~25% on Jan 1, 2024, so there are savings to be had if applicants want to move any 2024 actions into 2023. For example, consider taking action on new filings, renewal fees, requests for examination, and any grant fees....

In a recent legal matter, Genentech, Inc., Hoffmann-La Roche, Inc., and Chugai Pharmaceutical Co., Ltd. ("Genentech") have officially reached a settlement agreement in a patent dispute related to the Tocilizumab drug (Case No.: 1:23-CV-11573) with Biogen MA Inc. and...

On November 9, 2023, after a nine-day jury trial in the Middle District of Florida, ProSlide Technology, Inc. prevailed in a patent infringement case related to large water slides. Patent owner, ProSlide, and defendant WhiteWater West Industries, Inc., are the two...

Two vexed questions have been answered in the affirmative: yes, the European Patent Office (EPO) can examine entitlement to priority, and yes, the PCT joint applicants approach gives a valid priority claim at the EPO. In its landmark decision, the Enlarged Board of...

After a recent ruling from the United States International Trade Commission (ITC), Apple will be barred from importing certain Apple Watch products into the United States (US) starting on December 26, 2023.  Masimo, a California-based medical technology company, filed...

New analysis of patent filing data suggests global confidence in the UK market for low-carbon vehicle technology has fallen significantly, with active patents in the UK market from multinational companies at a five-year low. A new report reveals foreign investment in...

In instituted inter partes reviews at the Patent Trial and Appeal Board, the petitioner can use its post-institution reply to respond to the patent owner’s post-institution response and to the Board’s decision to institute. However, the PTAB’s Consolidated Trial...

New York, New York—October 31, 2023—The International Trademark Association (INTA) filed an amicus brief in the United States Court of Appeals for the Federal Circuit in the case of LKQ Corporation et al. v. GM Global Technology Ops. LLC, No. 2021-2348, urging the...

LONDON – International IP firm Mewburn Ellis today released a report on the Validation State system, a newer feature of the European Patent (EP) system employing ‘Validation Agreements’ to secure and validate European patent protection in four Emerging Market...

In a recent legal development, telecom giant Ericsson has taken legal action against Lenovo and its mobile phone subsidiary, Motorola. The lawsuit accuses Lenovo of infringing on Ericsson's 5G patents and obstructing negotiations over mutual licensing agreements. The...

Last month, Ken McCallum, the director general of MI5, issued a stark warning to UK businesses: Chinese cyber spies are watching closely and targeting organizations of all sizes to steal innovations. The threat of espionage has always been prevalent against...

As of 1 November 2023, the “10-day rule” will be abolished and will no longer apply to deadlines that are triggered by communications issued by the European Patent Office (EPO) on or after that date. Background and current situation Some deadlines set by the EPO (for...

Only 33 patent cases filed at the UK High Court this year raises fear of post-Brexit drift of cases from the UK to the EU – 60 already filed at the Unified Patent Court (UPC) since June The UK now has almost 1,000 representatives registered with the EU’s UPC, second...

The Federal Circuit, in a case of first impression, recently defined the proper scope of “comparison prior art” in evaluating infringement of a design patent. Columbia Sportswear N. Am., Inc. v. Seirus Innovative Accessories, Inc., 80 F.4th 1363 (Fed. Cir. 2023)...

Mike Gruber, LL.M. IP (GWU) reports on decisions in two provisional injunction proceedings before the UPC’s Local Division Munich and shares strategic takeaways for enforcing patents across Europe. Three and a half months after opening its doors on June 1st, the UPC...

On September 20, 2023, IP stakeholders converged at the United States Patent and Trademark Office to speak on the hot-button issue of standard essential patents (SEPs). The USPTO, in collaboration with the International Trade Administration and the National Institute...

The Enlarged Board has issued its decision in consolidated cases G 1/22 and G 2/22. It concluded that the EPO is competent to assess priority entitlement and that there is a rebuttable presumption that an applicant claiming priority in accordance with the formal...

It has been found that Sonos had improperly attempted to connect its 2006 patents for wireless, multi-room audio technology as a predate to Google’s devices. The $32.5 million case, brought before a California federal judge, has been thrown out with Sonos’ patents...

In advance of the AIPPI World Congress, we sat down with Ari Laakkonen, Partner at Powell Gilbert and the Reporter General of AIPPI, to learn more about the upcoming program. The Istanbul Congress takes place at just the right moment for an update on the UPC, a few...

In the whirlwind of the technology sector, where innovation thrives and boundaries blur, legal disputes surrounding intellectual property are all too familiar. Recently, Adobe, a prominent player in the digital landscape, found itself entangled in a legal tempest,...

European nations must evolve faster, as nearly half of all plastic patents have been developed in Asia over the last two decades.  A new report reveals innovation in plastic technology has more than tripled since 2015, following legislative action and policy...

Antitrust law and patent law can at times appear in conflict.  The principal goals of the antitrust laws are to enhance competition and prevent exclusionary conduct.  Patents, on the other hand, provide a right to exclude others, including competitors, from the...

In Volvo Penta v. Brunswick (2022-1765), evidence of copying overcame the showing that all claim limitations were obvious in light of the prior art. The goal for petitioners in an inter partes review is pretty straightforward: find prior art that teaches all of the...

Following on from a lawsuit filed by Wahoo against Zwift back in October 2022, alleging that Zwift’s new Hub trainer infringed Wahoo’s patents, it has been confirmed that the lawsuit has been dropped. Zwift, a brand known for its indoor cycling equipment, had limited...

Office (IPO) performs patent searches. ‘SEARCH’ is based on the state-of-the art patent search tool developed and used by the European Patent Office (EPO), widely regarded as the best such tool in the world. The IPO has worked with the EPO to develop ‘SEARCH’ as the...

Recently, plant-based protein manufacturer “Juicy Marbles” announced their newest product: vegan pork ribs, with edible bones. The soy-based ribs will join the brand’s roster of plant-based “whole cuts”, filet steaks, and joints. The USP of the Juicy Marbles range is...