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Gotta catch ‘em all: an update on the Nintendo-Pocketpair lawsuit

Gotta catch ‘em all: an update on the Nintendo-Pocketpair lawsuit

Nintendo and The Pokémon Company made waves in the video game industry when they jointly announced a patent infringement lawsuit against Pocketair, Inc. back in September 2024. Their press release cryptically alleged that Pokémon competitor and monster-catching game...

Apple v. Masimo: the clash over pulse oximetry patents

Apple v. Masimo: the clash over pulse oximetry patents

Why would a trillion-dollar company leading the smartwatch market challenge a barely known watch? In this case, Apple sued Masimo for patent infringement, targeting its health watch which has negligible sales. In October 2024, a Delaware jury ruled that Masimo’s watch...

Best practices for drafting strong patent claims

In the life span of any business, the investment goes way beyond the financial aspects. It's the years of dedication, contemplating, experimenting, and actively refining your idea of a product or service cut through the market. From the moment an idea is born,...

UK Government decides not to reduce or limit R&D tax credits

The UK Government’s 2024 Budget, while squarely focused on tax increases and revenue measures, suggests a pragmatic recognition by the new Labour administration that sustainable tax receipts are ideally underpinned by economic growth and wealth creation. In a global...

How I would use AI to steal your design… and what you can do about it

To protect our designs, ideas, and innovations, we must think like an infringer. May AI allow bad actors to knock off your design… and get away with it? First, we need to understand AI-assisted design. Like all new tech, AI will follow Amara’s law. We overestimate the...

Calcutta High Court issues IP Division Rules

Calcutta High Court issues IP Division Rules

The Calcutta High Court recently adopted the much-awaited Intellectual Property Rights Division Rules, 2023 (Calcutta IPD Rules), making it the third High Court in India, after Delhi and Madras, to implement specialized regulations for IP matters. While the Calcutta...

AstraZeneca challenges Axelpharm’s cancer drug patent

AstraZeneca challenges Axelpharm’s cancer drug patent

AstraZeneca is a world-renowned pharmaceutical company. It owns many patents in Russia and takes steps to protect them against encroachers. Its medicines are exempt from sanctions because they are mainly used for the life-preserving treatment of cancer. Axelpharm, a...

USPTO issues final rule on Director Review of PTAB decisions

USPTO issues final rule on Director Review of PTAB decisions

On October 1, 2024, the USPTO published a new final rule, Rules Governing Director Review of Patent Trial and Appeal Board (PTAB) Decisions. 89 Fed. Reg. 79,744 (October 1, 2024). The final rule codifies many aspects of the PTAB’s revised interim Director Review...

UK IPO campaign highlights dangers of counterfeit vehicle parts

UK IPO campaign highlights dangers of counterfeit vehicle parts

The campaign focuses on the serious risks these goods pose, warning that ‘Fake Always Breaks’  The UK Intellectual Property Office (UKIPO) has launched a new national awareness campaign warning of the dangers of buying counterfeit vehicle parts The ‘Fake Always...

Welcome to Hangzhou! The AIPPI World Congress 2024

Welcome to Hangzhou! The AIPPI World Congress 2024

AIPPI World Congress 2024 opened its doors in Hangzhou, China, on Saturday, 19 October. All attending were warmly welcomed, and there was general excitement for the next few days of educational sessions, member meetings, and networking. Guoqing ZHANG, Vice Premier of...

Crystalizing plant variety infringement protection in India

Crystalizing plant variety infringement protection in India

On September 20, 2024, the Delhi High Court ruled in Pioneer Overseas Corporation v. M/s Evercrop Agro Science & Star Agrotech Pvt. Ltd. (CS(COMM) 759/2024), a significant case addressing plant variety infringement under the Protection of Plant Varieties and...

Increase in patent fees in Russia

Increase in patent fees in Russia

From October 5, 2024, the amount of patent fees collected in Russia has increased in accordance with the relevant draft government resolution. The changes will affect legally significant actions related to such intellectual property items as inventions, utility...

Tesla demolishes Avago in two UPC cases

Tesla demolishes Avago in two UPC cases

Late August 2024 saw two UPC cases decided in Avago’s patent litigation battles with Tesla, with Tesla coming out in front in each case. In the first decision, by the UPC Local Division Hamburg, Avago’s patent EP1612910B1 was narrowed to such an extent that there was...

UKIPO issues new Civil Procedure Rules guidance

UKIPO issues new Civil Procedure Rules guidance

The UK Intellectual Property Office (UKIPO) has today issued new guidance reminding legal professionals of their obligation under the Civil Procedure Rules (CPR) to notify the UKIPO of new court cases started in the UK courts, which involve registered intellectual...

HGF launches forward-thinking and inclusive parental leave policy

HGF launches forward-thinking and inclusive parental leave policy

This policy positions HGF as the first Intellectual Property firm in the UK to provide all eligible colleagues, irrespective of gender, with access to the best parental leave and pay offering including up to 52 weeks of leave with 26 weeks at full pay. Launching...

The obviousness-type double patenting saga continues!

The obviousness-type double patenting saga continues!

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...

El Salvador approves new Intellectual Property Law

El Salvador approves new Intellectual Property Law

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...

King’s speech: AI implications for IP

King’s speech: AI implications for IP

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...

UK IPO issues fresh warning to beware of misleading invoices

UK IPO issues fresh warning to beware of misleading invoices

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...

InterDigital v. Lenovo: royalties without limits

InterDigital v. Lenovo: royalties without limits

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 in the global generative AI landscape

India ranks fifth in the global generative AI landscape

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...

UK IPO celebrates first filing in new digital service

UK IPO celebrates first filing in new digital service

The UK Intellectual Property Office (IPO) marks a ‘game-changing moment’ as the first patent is filed in the new ‘One IPO’ service. The IPO is celebrating a landmark moment, with the first patent application successfully filed on the new fully digital ‘One IPO’...

Patent law and litigation without Chevron deference

Patent law and litigation without Chevron deference

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...

Behind the scenes: Potter Clarkson’s IP Summer School

Behind the scenes: Potter Clarkson’s IP Summer School

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...

Samsung’s preemptive strike: precedent or predictable?

Samsung’s preemptive strike: precedent or predictable?

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...

Clarivate launches IP Collaboration Hub

Clarivate launches IP Collaboration Hub

Enabling users to save time and reduce risks in the IP filing and prosecution process London, UK - June 24, 2024 - Clarivate Plc (NYSE: CLVT), a leading global provider of transformative intelligence, today launched the IP Collaboration Hub™ at the 2024 Clarivate...

Farewell to SCiFi Foods: IP, insolvency, and opportunity

Farewell to SCiFi Foods: IP, insolvency, and opportunity

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...

Divisional applications in Russia: does the story continue?

Divisional applications in Russia: does the story continue?

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...

Stuff You Should Know About IP podcast: new episode out now!

Stuff You Should Know About IP podcast: new episode out now!

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...

USPTO on trial: patent office sued for patent infringement

USPTO on trial: patent office sued for patent infringement

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....

Pfizer triumphs over AstraZeneca in cancer drug patent dispute

Pfizer triumphs over AstraZeneca in cancer drug patent dispute

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...

ERS Genomics and IRBM sign CRISPR/Cas9 license agreement

ERS Genomics and IRBM sign CRISPR/Cas9 license agreement

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...

UPC referendum in Ireland postponed

UPC referendum in Ireland postponed

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...

Number of drone patents filed worldwide jumps 16% in past year

Number of drone patents filed worldwide jumps 16% in past year

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...

EUIPO’s 5th IP Case Law Conference: an inside look

EUIPO’s 5th IP Case Law Conference: an inside look

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...

Delhi High Court awards Ericsson $29 million in SEP case

Delhi High Court awards Ericsson $29 million in SEP case

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...

Celebrating World IP Day: thoughts from our Editorial Board

Celebrating World IP Day: thoughts from our Editorial Board

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...

USPTO set for new fee structure for 2025

USPTO set for new fee structure for 2025

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...

The largest patent prosecution firms in Mexico

The largest patent prosecution firms in Mexico

The intellectual property scene in Mexico experienced significant growth from 2018 to 2022. According to data from IP Pilot, a total of 89 patent prosecution firms in Mexico handled 72,632 patent filings during this period. Following the pandemic, the market quickly...

PUMA v. EUIPO: Rihanna’s Instagram post invalidates shoe design

PUMA v. EUIPO: Rihanna’s Instagram post invalidates shoe design

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...

PTAB upholds validity of all claims of OpenSesame’s patent

PTAB upholds validity of all claims of OpenSesame’s patent

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...

Report launched into UK’s IP-backed finance landscape

Report launched into UK’s IP-backed finance landscape

Greater access to IP-backed finance could help firms, especially SMEs, leverage their IP to scale and grow A new report launched in London today finds the UK meets the right conditions to make IP-backed lending to SMEs viable  The report – produced by the World...

USPTO issues inventorship guidance on AI-assisted inventions

USPTO issues inventorship guidance on AI-assisted inventions

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”...

UK IPO publishes update and forward look on SEPs work

UK IPO publishes update and forward look on SEPs work

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...

EPO updates guidelines for examining AI inventions

EPO updates guidelines for examining AI inventions

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...

Another milestone in China’s implementing regulations of patent law

Another milestone in China’s implementing regulations of patent law

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...

Google settles lawsuit over computer chips that power AI

Google settles lawsuit over computer chips that power AI

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...

China’s revised Seed Law allows breeders to bet the farm

China’s revised Seed Law allows breeders to bet the farm

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 announces referendum on joining the UPC

The Irish Government announces referendum on joining the UPC

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...

Chips and justice: PepsiCo’s battle over potato variety in India

Chips and justice: PepsiCo’s battle over potato variety in India

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...

New ECTA Patent Committee: mission, vision, and destiny

New ECTA Patent Committee: mission, vision, and destiny

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...

Why so opaque? Transparency and the Unified Patent Court

Why so opaque? Transparency and the Unified Patent Court

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’s Zenbook attack: valid claim or troll move?

Lenovo’s Zenbook attack: valid claim or troll move?

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...

Nike defends its Flyknit technology by suing for patent infringement

Nike defends its Flyknit technology by suing for patent infringement

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...

Designing a new patent bar

Designing a new patent bar

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...

Start-up to scale-up: does IP hold the key?

Start-up to scale-up: does IP hold the key?

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...

UK court decides AI is patentable

UK court decides AI is patentable

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...

The Supreme Court denies petition on patent reissue standard

The Supreme Court denies petition on patent reissue standard

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...

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