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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...
Full programme announced for Lawcare’s inaugural conference
Learn more about how to improve the culture in the law and how to make your legal organisation a happy and healthy place to work Legal mental health charity LawCare has announced the full line up of speakers for its online conference ‘Building a Better Life in the...
The first international scientific & business conference on the European patent with unitary effect and the Unified Patent Court to be held in Poland soon!
We are witnessing the most substantial changes in European patent law since its inception. As announced, the European patent with unitary effect will soon become operational, and with it the Unified Patent Court (UPC) will be launched. The establishment of an...
Rolling the dice: Australian High Court finds electronic gaming machine patent not patentable by a whisker
Introduction The recent High Court of Australia decision in Aristocrat Technologies Australia Pty Ltd v Commissioner of Patents [2022] HCA 29 considered the patentability of a computer-implemented invention relevant to electronic gaming machines. The High Court’s...
The effects of erroneous prior art disclosure on an invalidity challenge
An invalidity challenge to a claim may not rely upon an erroneous portion of a prior art disclosure if the error would have been apparent to one of ordinary skill in the art.[1] This article examines the current state of the law on determining whether an error in a...
US Federal Circuit upholds restriction on AI inventorship
The Court of Appeals for the Federal Circuit has backed the District Court for the Eastern District of Virginia's finding that an artificial intelligence (AI) system cannot be named as the inventor of a patent. The Federal Circuit decision follows a growing consensus...
What you need to know about the UP and UPC
Background Nine years after the signing of the Agreement on a Unified Patent Court, the new Unitary Patent (UP) and single Unified Patent Court (UPC) are nearly a reality. All that is needed is for Germany to deposit its instrument of ratification of the UPC Agreement...
Genericness banned in Russia
The story started back in 2019. At that time, SUGEN, INC. and PHARMACIA & UPJOHN COMPANY Pharmacia Upjohn sued Nativa, a Russian company, The Ministry of Health of the Russian Federation and Oleg Mikhaylov, the third person closely associated with Nativa against...
Internet video evidence as prior art? The EPO Boards of Appeal have views…
Recent EPO decision T3000/19 casts doubt on how (and practically, whether) audio/video prior art available on the internet should be cited at the EPO. T3000/19 concerns an appeal from the examining division who had refused an application based on a video found on the...
Patents for plastic recycling hit record high, up eightfold to 2,149 in the past five years
A record 2,149 patents for plastic recycling were filed last year, up 7% from 2021 and an eightfold increase since 2016, says Mathys & Squire, the intellectual property firm. Mathys & Squire says the plastic recycling industry is competing to develop...
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