The Patent Lawyer
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The quiet power of confidentiality clubs in SEP litigation
In standard essential patent (SEP) disputes, especially those involving FRAND (Fair, Reasonable, and Non-Discriminatory) terms, confidentiality clubs play a vital role. They protect sensitive commercial data, such as licensing agreements, royalty rates, and...
A $10 million patent win reduced to a $1 lesson in damages
In a decision that will resonate as a stark warning to patent litigants, the US Court of Appeals for the Federal Circuit handed Rex Medical a textbook Pyrrhic victory against Intuitive Surgical. The Court affirmed the jury's finding that Intuitive had infringed Rex...
China’s push to lead AI-driven communication: patents, innovation, and global competition
On a technical level, one of the most significant trends in the global information and communication industry today is the deep integration of artificial intelligence (AI) with communication connectivity technologies. From network infrastructure to terminal devices,...
Chevron’s ghost and the return of deference
Chevron U.S.A. Inc. v. Natural Resources Defense Council, 467 US 837 (1984) instructed courts to defer to an agency’s reasonable interpretation of an ambiguous statute. In 2024, the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244,...
Director Review reverses PTAB decision based on contradictory expert testimony in Interactive Communications v. Blackhawk Network Inc.
The USPTO Director's recent reversal of a Patent Trial and Appeal Board (PTAB) Final Written Decision in Interactive Communications International, Inc. v. Blackhawk Network Inc., IPR2024-00465, signals heightened scrutiny of expert testimony reliability in inter...
Evolving scope of patent claim amendment
The recent orders from the Delhi High court clarify that the claims can be amended by including the features from the description, thus redefining the permissibility of the claim amendments by the Indian Patent Act. The Delhi High Court, Intellectual Property Division...
Innovation stays strong: patent applications in Europe continue to grow in 2022
Patent applications at the European Patent Office (EPO) up 2.5% despite global uncertainties Record demand for patents reflects attractiveness of European market Digital and clean-energy technologies on the rise China and US are main engines of growth in patent...
Is ChatGPT for patent lawyers?
When I was young, Steve Jobs famously called computers “bicycles for the mind,” and the metaphor helped explain why computers are so useful to human beings. Bicycles help humans conserve energy from one step to the next, which is why they are the best walkers in the...
Alice Motions at the pleading stage in patent infringement litigations in the United States
Defendants in patent infringement cases filed in the United States by non-practicing entities (commonly known as “patent trolls”) typically move to dismiss such cases pursuant to Federal Rule of Civil Procedure 12 on patent eligibility grounds. The recent decision...
The wonder materials driving battery innovation
Every aspect of the battery lifecycle is experiencing innovation which is pushing batteries towards being arguably the most important technology of the 21st century. For this reason, our recently published Battery Insights & IP Trends special report analyses...
A killer comma (,) that crashed Boeings’ patent
Boeing the US aerospace giant ended up losing a very crucial patent due to a misplaced comma in the patent claim. Background: The patent under question was EP1798 872 dealing with the method of handling aircraft communication. The method discloses the use of different...
Turbulent times: Nike v Lululemon over FlyKnit patent portfolio
While trademark/trade dress and design patents are often used by sneaker brands to protect against similar sneaker designs released by competitors, utility patents have also been used to protect features of sneakers for over a hundred years. From Reebok’s patent for...
Semiconductor patents rise by 59% in five years to reach to record high
69,000 patents related to semiconductors were filed in the 2021/22 55% of global patents in 2021/22 were Chinese in origin UK lags behind other nations with just 0.26% of patents filed in the last year There have been a record 69,190 global patents for semiconductors...
Is ChatGPT for Patent Lawyers?
When I was young, Steve Jobs famously called computers “bicycles for the mind,” and the metaphor helped explain why computers are so useful to human beings. Bicycles help humans conserve energy from one step to the next, which is why they are the best walkers in the...
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