Written description and genus claims: lessons from In re: BAC IP B.V.
On August 5, 2025, in In re: BAC IP B.V., No. 24-2124, the Court of Appeals for the Federal Circuit (CAFC) affirmed the rejection of broad genus claims for lack of written description under 35 U.S.C. § 112, first paragraph. The opinion underscores that satisfying the...
Contours of Section 104A of the Indian Patent Act: burden of proof in case of suits concerning infringement
F. Hoffmann-La Roche AG (Roche), the Plaintiff, has brought a patent infringement suit against Zydus Lifesciences (Zydus), the Defendant. Roche seeks relief from the permanent injunction restraining infringement of the following two Indian patents: Product...
Sonos v. Google: where’s the prejudice?
In the much-anticipated appeal of Sonos v. Google, oral arguments recently unfolded before the Federal Circuit, involving the doctrine of prosecution laches. The district court decision surprised many, as it marked the first time prosecution laches had been used to...
Midea Group joins the Open Invention Network community
Smart appliances are household devices like refrigerators, ovens, washers, dryers, and air conditioners, equipped with technology that allows them to be controlled remotely, often through a smartphone app or voice commands. These appliances offer features like remote...
What is settled and what are our expectations after iRhythm?
The March 26, 2025, memo from the US Patent and Trademark Office director significantly changed the way the Patent Trial and Appeal Board (PTAB) handles institution decisions by establishing a bifurcated process under which the acting director—rather than panels of...
From dots to dollars: what Nanoco’s patent fight with LG tells us about IP strategy
The recent legal action by Manchester-based Nanoco Group against electronics giant LG may seem, on the surface, like just another tech dispute. Scratch beneath that, and it highlights much broader issues – particularly for smaller, IP-rich businesses navigating global...
Open Invention Network celebrates 20th birthday as an IP industry innovator
The largest patent non-aggression community in history and the forerunner to many of the defensive patent management organizations today, Open Invention Network (OIN) is celebrating its 20th birthday. Since its founding in 2005, OIN has expanded the scope of its...
Celebrating World IP Day: thoughts from our Editorial Board
As World Intellectual Property Day approaches on 26 April, 2025, we asked our Editorial Board for their thoughts on this year’s focus: ‘IP and music: feel the beat of IP.’ Providing unique insight from their respective jurisdictions, our Editorial Board members...
Delete all IP law: a billionaire’s switch from proprietor to opponent
Jack Dorsey tweeted, “Delete all IP law” on April 12, 2025. It is a strange position to take, considering the co-founder of Twitter has a current estimated stake of $1 billion in X Corp. and owns Block, Inc. (formerly Square). X, formerly Twitter, currently has over...
How generative AI is forcing a rethink on obviousness
Generative AI burst into public consciousness at the end of 2022, and by January 2023, ChatGPT—one of the most popular large language models—amassed over 100 million users, becoming the fastest-growing app ever. Since then, much of the focus for intellectual property...
Artificial intelligence at the EUIPO
AI governance Artificial intelligence (AI) is at the core of the European Union Intellectual Property Office's (EUIPO) vision. Its approach to AI is human-centric, rooted in the needs and priorities of the staff, ensuring that AI serves as a helpful tool to support...
UK Government responds to the AI Action Plan
In January, the UK government set out its response to the AI Opportunities Action Plan that was developed by tech entrepreneur and Chair of Advanced Research and Invention Agency (ARIA) Matt Clifford CBE. The plan set out recommendations for the government, which...
Public interest prevails: Roche denied injunction in patent dispute
F. Hoffmann-La Roche AG (Roche) brought a Patent infringement case at the Delhi High Court against Natco Pharma Limited (Natco). The claim of Roche was based on infringement of its patent for a compound Risdiplam marketed under the brand name EVRYSDI® used in the...
Nike v. Lululemon: a landmark patent battle in the footwear industry
The ongoing legal battle between Nike and Lululemon has become a focal point in the sportswear industry, highlighting the increasing importance of intellectual property (IP) protection in a highly competitive market. The case, which began in January 2023, centers...
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