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...
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...
Dolby v. Lava: security deposit at pro tem stage
In the suit DOLBY INTERNATIONAL AB & ANR. v. LAVA INTERNATIONAL LIMITED (CS(COMM) 350/2024 with I.As.) before the Delhi High Court, the Plaintiff is a patent holder for a representative group of Standard Essential Patents (SEPs), including three active patents...
Simple technical modifications can constitute an inventive step
This article covers an Appeal, C.A. (COMM.IPD-PAT) 60/2024, filed by Dong Yang PC, Inc. a Korean company against the decision of Controller of Patents and Designs (Controller) whereby it rejected Dong Yang PC, Inc. (Appellant) Patent Application No. 2554/DEL/2013...
Apple v. Masimo and the ITC: a test of patent rights, product design, and trade enforcement
Patent lawyers watching the Apple v. Masimo case unfold at the Federal Circuit are seeing a live example of key issues in US patent enforcement. These include the scope of ITC exclusion orders, the role of product design in infringement analysis, and the growing trend...
Pfizer and BioNTech secure PTAB victory against Moderna amid global patent disputes
Pfizer and BioNTech scored a significant win at the US Patent Trial and Appeal Board (PTAB or the Board) over COVID-19 vaccine technology. The Board invalidated all challenged claims in two of Moderna's patents related to its Spikevax COVID-19 vaccine, citing strong...
Open source and AI from a community-based intellectual property perspective
We recently had the opportunity to speak with Keith Bergelt, the CEO of Open Invention Network (OIN). OIN is the largest patent non-aggression community in history and the forerunner to many other organizations that have been formed to collectively shield companies...
Federal Circuit lowers barrier for ITC patent enforcement: a win for small biotech firms
In an important decision that has significant implications for patent enforcement in the biotherapeutic and cell culture arts, the Federal Circuit has reaffirmed the International Trade Commission’s (ITC) authority to block the importation of infringing. The ruling in...
Letters Rogatory: a valuable tool for the collection of evidence across borders
The case involves a patent dispute between Pfizer Inc. and its subsidiaries (FoldRx Pharmaceuticals, LLC, PF PRISM IMB B.V., and Wyeth LLC) (Petitioners) against Softgel Healthcare Private Limited (Respondent), an Indian company. The dispute centers around the alleged...
Clarivate reveals Top 100 Global Innovators 2025
The Top 100 organizations generate $4.6 trillion in annual revenues, representing 4.4% of the global economy Clarivate Plc, a leading global provider of transformative intelligence, today revealed its 2025 ranked list of Top 100 Global Innovators – the organizations...
New continuation application fees: why and at what cost?
Earlier this year, the US Patent and Trademark Office (USPTO) instituted new fees related to the filing of continuation patent applications. As a refresher, a continuation application is a second or subsequent patent application filing that claims the benefit of an...
Entrepreneur’s greedy eye casts at Apple’s pie
Apple Inc. is a company that hardly needs an introduction. Its assortment of iPhones are widely popular in Russia, and Apple holds countless patents to protect its technology. Entrepreneur Artashes Ikonomov filed and obtained patent No. 141791 in 2013 for a cell phone...
Register at Early Bird rate for ECTA 43rd Annual Conference ‘Bears on the Loose’ in Berlin!
Register now at Early Bird rates for the ECTA 43rd Annual Conference in Berlin on 18-21 June 2025! This year’s Conference 'Bears on the Loose' 🐻😎 celebrates Berlin’s heraldic bear and the city's vibrant atmosphere. With its melting pot of cultures, rich history, and...
UK should move to making patenting of quantum computing easier: UK lags far behind Europe in IP law
The UK Intellectual Property Office (UKIPO) may be discouraging innovation in Quantum Computing by making it harder to patent technology in this sector, says intellectual property law firm Mathys & Squire. That risks driving developers of Quantum Computing to...
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