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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...
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...
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...
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...
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...
LOT Network, Amazon, Cruise, The Walt Disney Company, Google, Meta, Microsoft Join Forces to Spearhead IP Diversity Initiative
LOT Network Inc. with Amazon, Cruise, The Walt Disney Company, Google, Meta, and Microsoft have partnered to form a new initiative called Advancing Diversity Across Patent Teams (ADAPT) to address diversity, equity, and inclusion (DEI) issues in the IP industry by...
IP as an enabler for AI: UK government shows its hand
The recently published response of the UK government to a consultation on the interface between artificial intelligence (“AI”) and intellectual property law demonstrates the importance that is attached to this area of technology in driving innovation and economic...
Another Thaler ruling confirming that an AI machine cannot be an inventor…yet
The European Patent Office Board of Appeal (EPO BoA) has confirmed that an artificial intelligence (AI) system cannot be named as an inventor on a patent application. While the decision was issued in December 2021, the written reasoning has only just been published....
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