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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...
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...
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,...
Survival of the fittest: Strava sues Garmin for patent infringement
Fitness app company Strava has recently made waves in the running and cycling communities after suing Garmin for patent infringement in the US, with many users concerned that the historic cooperation between the companies may be coming to an end. In the eyes of many...
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...
Updated guidelines for examination in the European Patent Office
As a European Patent Attorney, one of my go-to texts is the Guidelines for Examination in the European Patent Office (EPO), known to many as simply the “Guidelines”. The Guidelines are prepared by the EPO to direct the work of their employees, but they also provide...
Who owns the IP in ChatGPT?
Ever since the printing press was invented, tools have empowered the innovation and creativity of humans to earn a pecuniary right from the things that they create. ChatGPT is no less than the most advanced typewriter made freely available to us. It should be used...
Wait for it: New UP system will bring opportunities for SME innovators
After much inter-jurisdictional wrangling and several administrative false starts, we now have legal certainty that the new Unitary Patent (UP) and Unified Patent Court (UPC) regime will take effect on 1 June 2023. This has been caused by ratification by the German...
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