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...
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...
What do patent drafting and Jell-O™ have in common?
If predicting the future were easy, most readers of The Patent Lawyer would be using their powers to buy lottery tickets, not keeping abreast of global patent law updates. Predicting the future, however, is precisely the task attorneys are faced with when drafting a...
Government launches SEPs consultation to boost UK innovation
The UK Intellectual Property Office (UKIPO) has today launched a consultation on potential measures to address challenges in the UK's Standard Essential Patents (SEPs) ecosystem. A patent that protects technology that is essential to implementing a technical standard...
Trade secrets and software: secrecy over public right to exclude
As software systems become central to business innovation, trade secret law is crucial for protecting them. The need to protect software and algorithms presents unique challenges for businesses that have long relied on patent protection. The nature of software often...
Harvard and Samsung end dispute on semiconductor technologies
Harvard University and Samsung have settled a patent infringement dispute concerning semiconductor manufacturing techniques. On January 28, Harvard dismissed its lawsuit filed in the Eastern District of Texax in August of 2024, waiving rights to refile. The parties...
Open Invention Network reaches 4,000 community members
Open-source software continues to expand its reach within the commercial software industry. According to research from GitHub and The Linux Foundation, 40% of businesses contribute open-source code daily and 60% at least weekly. It spans every major technology sector,...
Looking back at AIPPI World Congress 2024 in Hangzhou, China
The 2024 AIPPI World Congress, held in the picturesque city of Hangzhou from October 19 to 22, was a landmark event for the global intellectual property (IP) community. Hosting more than 2,300 IP professionals from 92 countries, the Congress underscored China’s...
Osseo Imaging, LLC v. Planmeca US Inc.: is “timing of acquiring the skill” relevant when ascertaining an expert?
In the ever-evolving test of obviousness, what has been consistently critical is the technical opinion of the expert or “person skilled in the art” (PSITA). Identifying who this expert is for a particular patent/invention is, therefore, critical. A creative leap was...
Steuben Foods accuses Shibuya Hoppmann Corp. of patent infringement in bottling process
The case of Steuben Foods, Inc. v. Shibuya Hoppmann Corporation focused on the alleged patent infringement of claims of the US Patent No. 6,209,591, No. 6,536,188, and No. 6,702,985 owned by Steuben and related to the operation of machinery used in the bottling...
The UPC’s jurisdiction to determine damages after a post-national judgment
On January 16, 2025, the Unified Patent Court (UPC) retained jurisdiction to rule on the determination of damages following a finding of infringement by a national court and also to rule on acts before it entered into force. The UPC thus continues to resist all...
Clarivate identifies top 50 universities powering global innovation
Clarivate, a leading global provider of transformative intelligence, today released The top 50 universities powering global innovation report, which analyzes the critical role of research in shaping global industrial innovation and societal impact, using data and...
Lynk Labs v. Samsung: published patent applications as prior art in IPR proceedings
On January 14, 2025, the US Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd. concerning the earliest date a cited patent application publication (PUB) can be relied on as prior art in an...
DDR Holdings v. Priceline.com: a cautionary tale for provisional applicants
In US patent law, a provisional application is a 'placeholder' that allows an applicant to file without a formal patent claim, often before the idea is fully developed, to secure an earlier priority date. However, provisional applications are typically low-budget...
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