The Patent Lawyer

Macleods Pharmaceuticals Ltd., the petitioner, is engaged in manufacturing and marketing diverse pharmaceutical products, including anti-diabetic drugs. The respondent, Boehringer Ingelheim Pharma GmbH & Co. KG, is a company organized under the laws of Germany and...

In the appeal of Syngenta Crop Protection Ag v. Assistant Controller Of Patents before the Delhi High Court, the refusal order passed by the Ld. Controller of Patents on Application No. 202117035647 titled “Methods of Controlling or Preventing Infestation of Rice...

Patent applicants in India often face a practical question: what is the last possible opportunity to file a divisional patent application? While the Indian Patents Act (1970) specifies this can be done “any time before the grant of the parent patent application,”...

Shoe manufacturers in a race to develop more advanced technologies such as carbon plates and nitrogen bubbles – patent and trademark litigation has followed New entrants like Li-Ning, Xtep, Hoka, and On are competing to supply elite runners. Nike is leading the way...

Background The plaintiffs, AstraZeneca, filed a suit (CS (Comm.) 101/2022) at the Delhi High Court seeking a permanent injunction to restrain the defendant, Westcoast Pharmaceutical Works Limited, from infringing their patent IN 297581. The patent was for the novel...

The recent judgment dated October 9, 2024, by the Hon'ble High Court of Delhi in F. Hoffmann-La Roche AG & Anr. v. Zydus Lifesciences Limited, CS(COMM) 159/2024 [Neutral Citation: 2024:DHC:7868}, has brought the process of claim mapping to the forefront in patent...

On January 24, 2024, Google LLC settled a patent infringement lawsuit over computer chips that power its artificial intelligence (AI) technology. The settlement comes the same day that closing arguments were scheduled to begin in a trial on the lawsuit by Singular...

From knock-off luxury clothing to replica iPads, trademark and copyright infringement come in many forms. More recently, copycats are turning to plant breeders' highly crafted innovations: fruits and vegetables.  Specifically, in China, there are a growing number of...

The Irish Government has announced that it will hold a referendum on joining the Unified Patent Court (UPC) in June 2024. This news moves Ireland closer to becoming the 18th EU country to join the UPC and unitary patent (UP) system. The news was widely welcomed by the...

PepsiCo, the world's second-largest food and beverage corporation, has finally won the long-term court battle against a group of Indian farmers concerning IP rights over its registered potato variety.  Recently, the Hon’ble Delhi High Court Division Bench set aside a...

The court opined that this manner of dealing with a patent application was extremely arbitrary and whimsical and when the judgment was reserved on 29 September 2014, there was an obligation on the Hearing Officer to pass orders within a reasonable period. The time of...

The UK’s biggest banks have filed just a fraction of the patent applications of their American counterparts over the last 10 years, with the top five UK banks collectively applying for just 290 patents while the top 3 US banks collectively applied for 5,027, says...

ECTA has created a Patent Committee. This is quite a surprising move considering that ECTA has the reputation of being an association specialized in other IP rights, particularly trademarks. At first glance, it is surprising that a reputed trademark association like...

Patent law is characterized by a delicate balance between fostering innovation and ensuring that patents are granted on meritorious grounds. Central to this balance is the mechanism of pre-grant opposition, designed to facilitate a rigorous examination of patent...

After several, long delays, the United States Patent and Trademark Office (USPTO) seems to be finally moving forward with implementing the DOCX format requirement for certain patent applications. In its effort to modernize and streamline its systems, the USPTO is...

To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the...

The Unified Patent Court (UPC) Rules on public access were meticulously debated in the run-up to the UPC's launch. As a court, its task first and foremost should be to provide justice, and justice should be transparent. Right? This seemed to be the intention behind...

Lenovo has sued ASUS TeK in the Northern District of California (23-CV-5892), alleging ASUS’ Zenbook Pro laptop infringes four of Lenovo’s patents: a rotatable hinge (US Patent No. 8,687,354), diagonal touchpad scrolling (7,760,189), a wireless wake feature...

At the beginning of November 2023, the footwear giant Nike filed lawsuits against its competitor, New Balance, before the Federal Court of Massachusetts and against Skechers before the Federal Court of Los Angeles for infringement and non-consensual use of patented...

On November 15, 2023, the United States Patent and Trademark Office (USPTO) announced that it is creating a new patent bar specifically for design patents. Practitioners with one of the following degrees: bachelor’s, master’s, or doctorate, qualify to seek admission...

The UK Government’s enthusiasm for technology as evidenced by the recent Autumn Statement and the AI Safety Summit is positive and recognizes the fantastic scientific resources we have in the UK (including our universities, scientists, angels, VCs, IP lawyers, and...

Recent UPC decisions have prevented the public from seeing court evidence The outcome of a test case challenging these decisions is expected in early 2024. The Unified Patent Court (UPC) has scheduled a hearing in a key test case on public access to evidence for...

A recent judgment of the High Court of England and Wales has opened the door for patenting artificial intelligence (AI) in the United Kingdom. The judgment in Emotional Perception AI Ltd v. Comptroller-General of Patents, Designs, and Trade Marks [2023] EWHC 2948...

Early last month, the Supreme Court rejected a petition from inventors challenging a Federal Circuit ruling that their reissue patents were invalid. The rejection leaves in place the Federal Circuit’s standard for a reissue patent application; whether the original...

Most Canadian IP Office (CIPO) fees are going up ~25% on Jan 1, 2024, so there are savings to be had if applicants want to move any 2024 actions into 2023. For example, consider taking action on new filings, renewal fees, requests for examination, and any grant fees....

In a recent legal matter, Genentech, Inc., Hoffmann-La Roche, Inc., and Chugai Pharmaceutical Co., Ltd. ("Genentech") have officially reached a settlement agreement in a patent dispute related to the Tocilizumab drug (Case No.: 1:23-CV-11573) with Biogen MA Inc. and...

On November 9, 2023, after a nine-day jury trial in the Middle District of Florida, ProSlide Technology, Inc. prevailed in a patent infringement case related to large water slides. Patent owner, ProSlide, and defendant WhiteWater West Industries, Inc., are the two...

Two vexed questions have been answered in the affirmative: yes, the European Patent Office (EPO) can examine entitlement to priority, and yes, the PCT joint applicants approach gives a valid priority claim at the EPO. In its landmark decision, the Enlarged Board of...

After a recent ruling from the United States International Trade Commission (ITC), Apple will be barred from importing certain Apple Watch products into the United States (US) starting on December 26, 2023.  Masimo, a California-based medical technology company, filed...

New analysis of patent filing data suggests global confidence in the UK market for low-carbon vehicle technology has fallen significantly, with active patents in the UK market from multinational companies at a five-year low. A new report reveals foreign investment in...

In instituted inter partes reviews at the Patent Trial and Appeal Board, the petitioner can use its post-institution reply to respond to the patent owner’s post-institution response and to the Board’s decision to institute. However, the PTAB’s Consolidated Trial...

New York, New York—October 31, 2023—The International Trademark Association (INTA) filed an amicus brief in the United States Court of Appeals for the Federal Circuit in the case of LKQ Corporation et al. v. GM Global Technology Ops. LLC, No. 2021-2348, urging the...

LONDON – International IP firm Mewburn Ellis today released a report on the Validation State system, a newer feature of the European Patent (EP) system employing ‘Validation Agreements’ to secure and validate European patent protection in four Emerging Market...

In a recent legal development, telecom giant Ericsson has taken legal action against Lenovo and its mobile phone subsidiary, Motorola. The lawsuit accuses Lenovo of infringing on Ericsson's 5G patents and obstructing negotiations over mutual licensing agreements. The...

Last month, Ken McCallum, the director general of MI5, issued a stark warning to UK businesses: Chinese cyber spies are watching closely and targeting organizations of all sizes to steal innovations. The threat of espionage has always been prevalent against...

As of 1 November 2023, the “10-day rule” will be abolished and will no longer apply to deadlines that are triggered by communications issued by the European Patent Office (EPO) on or after that date. Background and current situation Some deadlines set by the EPO (for...

Only 33 patent cases filed at the UK High Court this year raises fear of post-Brexit drift of cases from the UK to the EU – 60 already filed at the Unified Patent Court (UPC) since June The UK now has almost 1,000 representatives registered with the EU’s UPC, second...

The Federal Circuit, in a case of first impression, recently defined the proper scope of “comparison prior art” in evaluating infringement of a design patent. Columbia Sportswear N. Am., Inc. v. Seirus Innovative Accessories, Inc., 80 F.4th 1363 (Fed. Cir. 2023)...

Mike Gruber, LL.M. IP (GWU) reports on decisions in two provisional injunction proceedings before the UPC’s Local Division Munich and shares strategic takeaways for enforcing patents across Europe. Three and a half months after opening its doors on June 1st, the UPC...

On September 20, 2023, IP stakeholders converged at the United States Patent and Trademark Office to speak on the hot-button issue of standard essential patents (SEPs). The USPTO, in collaboration with the International Trade Administration and the National Institute...

The Enlarged Board has issued its decision in consolidated cases G 1/22 and G 2/22. It concluded that the EPO is competent to assess priority entitlement and that there is a rebuttable presumption that an applicant claiming priority in accordance with the formal...

It has been found that Sonos had improperly attempted to connect its 2006 patents for wireless, multi-room audio technology as a predate to Google’s devices. The $32.5 million case, brought before a California federal judge, has been thrown out with Sonos’ patents...

In advance of the AIPPI World Congress, we sat down with Ari Laakkonen, Partner at Powell Gilbert and the Reporter General of AIPPI, to learn more about the upcoming program. The Istanbul Congress takes place at just the right moment for an update on the UPC, a few...

In the whirlwind of the technology sector, where innovation thrives and boundaries blur, legal disputes surrounding intellectual property are all too familiar. Recently, Adobe, a prominent player in the digital landscape, found itself entangled in a legal tempest,...

European nations must evolve faster, as nearly half of all plastic patents have been developed in Asia over the last two decades.  A new report reveals innovation in plastic technology has more than tripled since 2015, following legislative action and policy...

Antitrust law and patent law can at times appear in conflict.  The principal goals of the antitrust laws are to enhance competition and prevent exclusionary conduct.  Patents, on the other hand, provide a right to exclude others, including competitors, from the...

In Volvo Penta v. Brunswick (2022-1765), evidence of copying overcame the showing that all claim limitations were obvious in light of the prior art. The goal for petitioners in an inter partes review is pretty straightforward: find prior art that teaches all of the...

Following on from a lawsuit filed by Wahoo against Zwift back in October 2022, alleging that Zwift’s new Hub trainer infringed Wahoo’s patents, it has been confirmed that the lawsuit has been dropped. Zwift, a brand known for its indoor cycling equipment, had limited...

Office (IPO) performs patent searches. ‘SEARCH’ is based on the state-of-the art patent search tool developed and used by the European Patent Office (EPO), widely regarded as the best such tool in the world. The IPO has worked with the EPO to develop ‘SEARCH’ as the...

Recently, plant-based protein manufacturer “Juicy Marbles” announced their newest product: vegan pork ribs, with edible bones. The soy-based ribs will join the brand’s roster of plant-based “whole cuts”, filet steaks, and joints. The USP of the Juicy Marbles range is...

Amidst engaging dialogues held at the World Commerce & Contracting (WCCC) conference in Melbourne this month, the potent impact of Artificial Intelligence (AI) implementation has emerged as a compelling subject of reflection and dialogue for the legal profession...

After being cleared by both houses of Parliament, the Jan Vishwas (Amendment of Provisions) Bill, 2023 (JVB) received presidential assent on 11 August 2023 and thus became the law. Several provisions in different Acts have been decriminalized through this bill by...

The Delhi High Court, in a judgment dated 13.07.2023, has quashed the investigations being conducted by the Competition Commission of India (“CCI”), the market regulator in India, into allegations of abuse of dominant position against Ericsson for exercise of its...

The Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry, the body responsible for administering Indian IP laws has, on August 22, 2023, published the Draft Patents (Amendment), Rules, 2023 (Draft Rules). The Draft Rules...

Government launches consultation as work on new trademarks and designs services starts The UK Government has launched a second consultation on proposed changes to allow the Intellectual Property Office to deliver better digital services. In July, the government...

Room temperature superconductivity has been a dream for researchers and industry alike for many years, and a new paper released by South Korean scientists suggests that it may have been discovered. The ability to conduct electricity without loss of energy has the...

In a recent communication, the United States Patent and Trademark Office (USPTO) announced an improved and more efficient process for choosing drawing figures to be featured on the front page of pre-grant patent publications. The new development, which will take...

In recent years, the advancement of artificial intelligence (AI) tools has brought about significant changes in how various industries engage with technology. From sophisticated machine learning algorithms to natural language processing and computer vision systems, AI...

In the realms of technology and innovation, patents offer the lifeblood that propels forward progress.  Patent holders are granted an exclusive right to their invention, providing them with a distinct market advantage.  However, when these inventions are borne out of...

In recent years, Artificial Intelligence Generated Content (hereinafter referred to as AIGC), represented by ChatGPT, has gained great development and attention worldwide. On the one hand, due to its powerful knowledge and content generation capabilities, the industry...

In the latest free trade agreement expansion news, the UK has formally signed the treaty to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP).  The CPTPP is a wide-reaching free trade agreement that currently includes Australia,...

The UK government has published its response to the transformation consultation which ran in late 2022 and ended on 6 January this year. The government sought views on a number of changes related to the Intellectual Property Office’s (IPO) new digital services, and...

At first glance, the patent system may seem like a peculiar exception within the context of a free-market economy. After all, patents confer monopolistic rights — something that is usually anathema in free-market ideology. Yet patents represent a rational tradeoff to...

Identifies 36 companies and organizations on the cusp of Top 100 Global Innovators status London, U.K., July 25, 2023 – Clarivate Plc (NYSE: CLVT), a global leader in connecting people and organizations to intelligence they can trust to transform their world, today...

LONDON – International IP firm Mewburn Ellis has released a mini-report that examines the trends in the operation and use of the UK IPO’s Green Channel program. The UK’s IPO Green Channel allows patent applicants to accelerate the processing of patent applications...

In a case concerning Standard Essential Patents (SEP), the Court has the power to pass a pro-tem order without an exhaustive exploration of the quantum of royalty payments. If the negotiations between the parties fail, it does not mean that an implementer can continue...

Real-time data confirms confidence in new system Munich, 24 July 2023 –The EPO has published today a dashboard which offers a timely snapshot of applicants’ eagerness to opt for the Unitary Patent. The interactive display breaks down requests for Unitary Patents by...

Two recent approvals of cultivated meat technology in the United States have opened up new avenues for the food industry. This marks a significant milestone in the field of alternative protein production and has far reaching implications, not only for the US market...

On June 21, 2023, a jury in the United States District Court for the District of Delaware found Google liable for patent infringement and ordered the company to pay Personal Audio, LLC $15.1 million in damages. Personal Audio is a company that owns patents related to...

In a dispute between Optis and Apple, the High Court in London found that relying on comparable licenses remains key to determining a global rate in UK FRAND (fair, reasonable and non-discriminatory) litigation, cementing the UK’s role as an important forum for...

In May 2023, the US Supreme Court declined to hear three cases concerning patent eligibility: Interactive Wearables LLC v. Polar Electro OY[1], Tropp v. Travel Sentry Inc.[2], and Avery Dennison Corp. v. ADASA Inc.[3] This is despite the US solicitor general, the US...

The Kolkata High Court, while hearing an appeal against the refusal of a patent application, laid down important guidelines for the Patent Office directing that “upon amendment of the claims, the amendment application ought to be examined in a manner similar to the...

It is well known that a stable house needs strong foundations. The same goes for EU regulations. Because a regulation is a binding legislative act that applies across the EU, its creation or amendment demands careful consideration.  Consequently, a regulation usually...

The successful combination of hydraulic fracturing (or “frac”) technology with horizontal drilling dramatically increases production in tight-rock petroleum reservoirs and has resulted in a decades-long “shale revolution” in the United States. Frac technology has...

To establish whether something is common general knowledge, the first and most important step is to look at the sources from which the skilled addressee could acquire the information. The Delhi High Court in an Appeal against the Order of Controller of Patents in Agfa...

Following Seattle Office Launch, Firm Announces Latest Major Move with Group of 15 from Dentons Song Jung to Lead Prominent six-Partner IP Team and Jeff Haidet to Boost Transactional Capability Globally for BCLP WASHINGTON, DC and ATLANTA (June 20, 2023) –...

Have you wondered why the option of Google Assistant voice control, used to manage speakers, has disappeared from the Sonos app? The answer is straightforward: the long-standing dispute between the two companies. Last time, Google and Sonos confronted each other in...

Shifting consumer attitudes, an uptake of plant-based and flexitarian diets, and a growing global demand for food are driving rapid expansion in the plant-based meat sector. In fact, sales of meat-free products are expected to exceed £1.1 billion in the UK by 2024....

A year ago, Ferrari announced that would invest 4.4 billion euros as part of its strategic plan for the 2022-26 period, aiming to unveil 15 new cars over the next few years, including high-performance cars with Advanced Driver Assistance Systems (ADAS). ADAS are...

On May 18, 2023, the US Supreme Court issued its opinion in Amgen v. Sanofi, which concerns patent law’s enablement requirement. Under that requirement, codified at 35 U.S.C. § 112(a), a patent specification must describe “the invention” and “the manner and process of...

On May 18, 2023, a unanimous US Supreme Court in Amgen Inc. v. Sanofi[1] affirmed a decision by the US Court of Appeals for the Federal Circuit that found Amgen’s patents invalid for lack of enablement. The Court held that the methods recited in Amgen’s patents did...

The Delhi High Court, in a recent order, while dealing with an appeal by OPENTV INC for refusal of its patent (by the Indian Patent Office), highlighted the need to revisit the blanket exclusions set out in section 3(k) in relation to “business methods.” The Court...

On 27 April 2023 the European Commission presented its proposal for a new regulatory framework for the licensing of standard essential patents (SEPs) in the EU. The draft regulation seeks to '(i) make available detailed information on SEPs and existing FRAND terms and...

11 May 2023 marked the day the European Parliament's Committees gave the green light to the proposed European Artificial Intelligence Act (“EU AI Act”). It is now scheduled for a final debate in Parliament on 13 June 2023. Some members of European Parliament are...

In the hallowed halls of intellectual property (IP) and the pharmaceutical industry, Gilead Sciences' recent victory over the US government is a game changer, folks. This isn't just about Gilead shaking off the government's patent claims like a dog shaking off water;...

The fall in patent applications indicates the need for a better system to stimulate green technology Reduction of patent fees likely to increase eco-friendly inventions The number of “Green Channel” patent applications in the UK has fallen by 47% within the last year,...

The new service will see the process of applying for a patent dramatically transformed over the next 12 months. Today, the IPO has published a transformation document which sets out what patents customers can expect over the next 12 months, and details of upcoming...

The implementation roadmap for the Unified Patent Court (UPC) was released in October 2022 by the UPC Preparatory team. The roadmap displays the key activities and milestones for the UPC in the lead up to its scheduled launch on June 1, 2023. One of those major...

“Mindless habitual behaviour is the enemy of innovation.”- Rosabeth Moss Kanter Grant of a patent is a monopoly right given exclusively to an inventor for a limited period of time. Such an invention should be new, non- obvious, and a useful product or process. In the...

Angus Lyon, LawCare volunteer and former solicitor who now works counselling lawyers online, writes about anxiety in the legal profession for Mental Health Awareness Week. There’s an old New Yorker cartoon by Danny Shanahan. Panel 1 shows Timmy floundering in a fast...

Anxiety is the theme of this year’s Mental Health Awareness Week (MHAW) and LawCare, the legal mental health and wellbeing charity, are highlighting the prevalence of anxiety in the legal community. Anxiety is one of the top three reasons people working in the law...

I am reading a book entitled "Translation Accuracy and Dissemination of Disclosure of Patent Information: An Analysis of Translation and its Influence on Patent Law" by Dr. Aline Larroyed. It is a highly recommended book for patent professionals who must deal with...

Introduction In recent years, former employees of Companies have launched innovative solutions to meet the needs of the public, such as the recent launch of Bluesky, a social media platform by Jack Dorsey, the former CEO of Twitter. These recent events have sparked...

On March 16, 2023, Judge James Mellor of London High Court issued his long-awaited decision mandating Lenovo pay InterDigital a lump sum royalty payment of $138.7M for a global FRAND (fair, reasonable and non-discriminatory) license covering sales of mobile devices...

Each year, on April 26, World Intellectual Property Day is celebrated in a continued effort to raise awareness and understanding of the value IP offers. This year’s focus is ‘Women in IP: Accelerating innovation and creativity’, intended to highlight the incredible...

IP Norge is a recently founded intellectual property cluster based in Norway. The cluster was established by 17 founding members with the aim of bringing together Norwegian companies, organizations and individuals who are involved in the management, protection and...

The rejection of Johnson & Johnson's secondary patent on Bedaquiline by the Indian Patent Office is a significant win for global health, particularly for poor countries in Asia and Africa. Facts: The primary patent of bedaquiline and “its salts, isomers and...

The Supreme Court recently heard oral argument in a patent case that has the potential to profoundly affect how broadly inventors may claim an invention, particularly in the life sciences space. On March 27, 2023, the Supreme Court held oral argument in Amgen v....

Nearly 40% of companies litigated were within two years of announcing their IPO; 52% of companies sued had less than $25 million in annual revenue A HighTech-Solutions (HTS) study, commissioned by the international, non-profit patent licensing platform LOT...

“The rise of AV technology presents a range of opportunities for companies interested in leveraging this technology for their own use. While there are certainly concerns about the potential for increased surveillance and control, the reality is that this technology...

The Intellectual Property Office has recently issued its annual report for the year 2021-2022. Our post covers some key aspects. The fee concessions & provisions for the expedited examination have been given to specific categories of applicants, including...

73% of global patent application publications in 2021/22 were Chinese in origin UK lags behind other nations with only three patent applications published in the last year There have been a record 411 global patent applications for carbon capture and storage...

ITV’s new show ‘Deep Fake Neighbour Wars’ has recently received a lot of media attention due to its use of deepfake technology. The show uses images of celebrities and superimposes those images onto the faces of the UKs best impressionists. The impressionists then act...

The recent orders from the Delhi High court clarify that the claims can be amended by including the features from the description, thus redefining the permissibility of the claim amendments by the Indian Patent Act. The Delhi High Court, Intellectual Property Division...

Patent applications at the European Patent Office (EPO) up 2.5% despite global uncertainties Record demand for patents reflects attractiveness of European market Digital and clean-energy technologies on the rise China and US are main engines of growth in patent...