The Patent Lawyer

Every patent and trademark ultimately hinges on a calendar. Miss a critical deadline, and an invaluable asset can vanish without any chance of revival. Docketing is the unglamorous process of tracking, organizing, and managing the strict legal deadlines,...

The technology giant is asking a California federal judge to overturn a record-setting jury award to Taction Technology or order a new trial, disputing both the infringement findings and the evidentiary basis for damages. Apple has asked a California federal judge to...

The Government will explore early FRAND determinations, improve access to SEP information, and assess a voluntary opinion service, but has ruled out a standalone rate determination track and further restrictions on injunctions for now. The UK Government has announced...

The Hague District Court found that Merck’s subcutaneous cancer treatment infringes a patent covering modified hyaluronidase technology, highlighting the reach of drug-delivery patents and the potential for cross-border enforcement. A Dutch court has ordered Merck...

El Salvador has expanded its participation in the international intellectual property system, with three WIPO-administered treaties entering into force in the country today. The Geneva Act of the Hague Agreement, the Patent Law Treaty (PLT) and the Singapore Treaty on...

Patent applicants considering whether to opt their European patent applications out of the Unified Patent Court (UPC) system may need to make that decision earlier than previously thought, following a September 21 ruling by the UPC Court of Appeal in Sidel...

The Top 100 organizations lead the way in innovation, contributing an exceptional 16% of the world’s highest-strength AI inventions. London, UK, January 21, 2026 - Clarivate Plc (NYSE:CLVT), a leading global provider of transformative intelligence, today announced the...

Drug repurposing continues to offer significant opportunities to bring treatments to patients faster and at lower development risk. However, success increasingly depends on getting regulatory strategy, reimbursement pathways, and IP protection right from the outset....

London, January 12, 2026 – EIP today announces the launch of Visser AI®, a patent service delivered by a specialist team of patent attorneys supported by artificial intelligence (AI) tools. Visser AI applies a different service model across patent work, including...

Solve Intelligence, the AI platform for the $200B+ patent industry, has raised $40M in Series B funding and is launching a new product for generating patent claim charts. Solve’s Series B comes just months after its $12M Series A, and brings total funding to $55M....

Clarivate, a leading global provider of transformative intelligence, today announced the launch of Derwent Patent Monitor to streamline intellectual property (IP) and research and development (R&D) collaborative patent reviews when determining patentability,...

Clarivate, a leading global provider of transformative intelligence, today announced the development of IPfolio Law, the next-generation, cloud-based IP management platform designed specifically for IP law firms. This Software as a Service (SaaS) IP Management system...

Organizations often begin their intellectual property (IP) journey by examining AI-enhanced point solutions. While these distinct, single-function tools offer an initial low-cost appeal, the resulting fragmented approach can become a logistical liability. The...

Following CTC Legal Events' second Winter Intellectual Property Conference held in London on 5-6 November, David Jenkins, Senior Media Relations Manager at the UK Intellectual Property Office, and a speaker at this year's conference, shared his thoughts: "I was...

As a proud member of the Editorial Board of The Trademark Lawyer, I could not decline the invitation of the Editor-in-Chief, Elizabeth Jordan, to join the Winter Intellectual Property Conference, organized by CTC Legal Events. I was interested in many of the topic...

Pre-eminent IP Lawyer and Managing Partner of Anand and Anand, Mr Pravin Anand, has been conferred with the prestigious Enduring Impact Award for his unparalleled contribution in the growth of the Asian Patent Attorney Association and its Indian Group. The award was...

In standard essential patent (SEP) disputes, especially those involving FRAND (Fair, Reasonable, and Non-Discriminatory) terms, confidentiality clubs play a vital role. They protect sensitive commercial data, such as licensing agreements, royalty rates, and...

In a decision that will resonate as a stark warning to patent litigants, the US Court of Appeals for the Federal Circuit handed Rex Medical a textbook Pyrrhic victory against Intuitive Surgical. The Court affirmed the jury's finding that Intuitive had infringed Rex...

Chevron U.S.A. Inc. v. Natural Resources Defense Council, 467 US 837 (1984) instructed courts to defer to an agency’s reasonable interpretation of an ambiguous statute. In 2024, the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo, 144 S. Ct. 2244,...

On a technical level, one of the most significant trends in the global information and communication industry today is the deep integration of artificial intelligence (AI) with communication connectivity technologies. From network infrastructure to terminal devices,...

The USPTO Director's recent reversal of a Patent Trial and Appeal Board (PTAB) Final Written Decision in Interactive Communications International, Inc. v. Blackhawk Network Inc., IPR2024-00465, signals heightened scrutiny of expert testimony reliability in inter...

Fitness app company Strava has recently made waves in the running and cycling communities after suing Garmin for patent infringement in the US, with many users concerned that the historic cooperation between the companies may be coming to an end. In the eyes of many...

Case background and conditional injunctions A recent ruling by the Fuzhou Intermediate People’s Court has drawn significant attention to China’s evolving approach to standard-essential patent (SEP) disputes. On June 19, 2025, the Court handed down its decision in two...

AI Classifier delivers patent classification with up to 97% first-pass accuracy for portfolio benchmarking, while SEP Analyzer enhances reporting with clear, intuitive visualizations. Clarivate, a leading global provider of transformative intelligence, today announced...

The UK Intellectual Property Office (UKIPO) CEO has welcomed the new Minister. Kanishka Narayan MP has been confirmed as the new Minister with responsibility for intellectual property following their appointment as Parliamentary Under-Secretary of State in the...

COPENHAGEN — Today, the design community recognized two exceptional creations and two notable designers in the sixth edition of the DesignEuropa Awards, organized by the European Union Intellectual Property Office (EUIPO) in the Danish capital. The DesignEuropa Awards...

The Calcutta High Court's recent judgment in Pharmacyclics LLC v. Deputy Controller of Patents marks a pivotal moment in Indian Patent Law, offering a clear and definitive interpretation of Section 16 of the Indian Patents Act. For years, a persistent ambiguity...

A patent application filed for a formulation or composition typically involves at least one active pharmaceutical ingredient (API) that is combined with various excipients. The excipients are substances that serve as carriers, stabilizers, solubilizers, preservatives,...

CTC Legal Media is thrilled to welcome Elizabeth Jordan as the new Editor-in-Chief of The Trademark Lawyer and The Patent Lawyer magazine. Elizabeth shares her excitement in taking on the new role: “I was previously the editor of Global Railway Review and Building...

A major Government consultation launched today by the UK Intellectual Property Office (UKIPO) aims to modernize Britain's design protection system and strengthen the UK's position as a global design powerhouse.  Industry analysis estimates that the design sector...

Last month, the Supreme Court hearing in the Emotional Perception case took place. Emotional Perception AI Limited (EPL)'s invention was an improved system for providing media file recommendations (such as music) using a trained artificial neural network (ANN), where...

Background This dispute revolves around a patent infringement case, CS (Comm) 655/2023, filed by Kubota Corporation (Kubota) against Godabari Agro Machinery and Services India Private Limited (GAMS) and two Chinese companies that allegedly manufactured the machine and...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

This article discusses an appeal filed by Kroll Information Assurance, LLC (Appellant), against the order of the Controller General of Patents, Designs, and Trademarks (CG). The appeal concerns the refusal of an Indian Patent Application No. 8100/DELNP/2007 for a...

In a significant setback for global tech giant Samsung, a Texas federal jury has handed down a USD 111.7 million verdict in favor of Maxell, ruling that Samsung infringed three patents covering user interface technology, multimedia processing, and smart networking....

The Federal Circuit's June 16, 2025, decision in Optis Cellular Technology, LLC v. Apple Inc., 2025 US App. LEXIS 14745 shines a renewed spotlight on a recurring challenge in patent law: functional claiming. Specifically, it reaffirms the court's willingness to apply...

This article discusses an appeal filed by AbbVie Biotherapeutics Inc. and AbbVie Inc. (Appellants) at the Delhi High Court against the refusal of their patent application (Application No. 201817047767) for an anti-cMet antibody-drug conjugate by the Assistant...

In a landmark test of the new Unified Patent Court (UPC), the European patent landscape faces a striking divergence between the UPC and the European Patent Office (EPO) on the issue of inventive step. The dispute centers on Amgen's European patent EP 3 666 797, which...

In an appeal case between Zeria Pharmaceutical Co. Ltd., v. The Controller of Patents (C.A.(COMM.IPD-PAT) 452/2022) before the Delhi High Court, wherein the appellant - a Japanese Corporation - filed an Indian Patent Application, numbered 3630/DLNP/2011 (the subject...

A recent High Court judgment in India highlights a potential procedural fairness question in patent examination regarding English translation standards. While patent applicants face rigorous translation requirements under multiple Patent Rules, with severe...

The Düsseldorf Local Division of the Unified Patent Court (UPC) has handed down a key decision in UPC CFI 505/2024, affirming the validity of a second medical use patent owned by Regeneron and licensed to Sanofi. The case involved alleged infringement by Amgen’s PCSK9...

The Annual Report 2024 of the Boards of Appeal of the European Patent Office has been published today. It is available in English, German, and French on the Boards' website. Delivering decisions of the highest quality continued to be a central priority in 2024. As in...

No legislative changes mean businesses can continue operating under the existing exhaustion of intellectual property rights regime without any new requirements.  The UK+ regime protects creators and innovators while ensuring fair competition in the marketplace and...

In Crystal Crop Protection Ltd. v. Safex Chemicals India Ltd. & Ors., CS(COMM) 196/2024, Neutral Citation: 2025:DHC:3382, decided on May 7, 2025 by Hon’ble Mr Justice Amit Bansal of the Delhi High Court, the court refused to grant an interim injunction, holding...

Appeal to be heard at the High Court in July 2025 could have major commercial ramifications for patents created with AI assistance or wholly by AI models. London - May 8, 2025 – Potter Clarkson, a leading intellectual property law firm, has been appointed by US-based...

The Young Inventors Prize recognizes innovators under 30 who are tackling Global Challenges through groundbreaking science and technology. 10 exceptional innovators, chosen by an independent jury from over 450 talented candidates, are redefining sustainability,...

The recent legal action by Manchester-based Nanoco Group against electronics giant LG may seem, on the surface, like just another tech dispute. Scratch beneath that, and it highlights much broader issues – particularly for smaller, IP-rich businesses navigating global...

The largest patent non-aggression community in history and the forerunner to many of the defensive patent management organizations today, Open Invention Network (OIN) is celebrating its 20th birthday. Since its founding in 2005, OIN has expanded the scope of its...

As World Intellectual Property Day approaches on 26 April, 2025, we asked our Editorial Board for their thoughts on this year’s focus: ‘IP and music: feel the beat of IP.’ Providing unique insight from their respective jurisdictions, our Editorial Board members...

Jack Dorsey tweeted, “Delete all IP law” on April 12, 2025. It is a strange position to take, considering the co-founder of Twitter has a current estimated stake of $1 billion in X Corp. and owns Block, Inc. (formerly Square). X, formerly Twitter, currently has over...

Generative AI burst into public consciousness at the end of 2022, and by January 2023, ChatGPT—one of the most popular large language models—amassed over 100 million users, becoming the fastest-growing app ever. Since then, much of the focus for intellectual property...

AI governance Artificial intelligence (AI) is at the core of the European Union Intellectual Property Office's (EUIPO) vision. Its approach to AI is human-centric, rooted in the needs and priorities of the staff, ensuring that AI serves as a helpful tool to support...

In January, the UK government set out its response to the AI Opportunities Action Plan that was developed by tech entrepreneur and Chair of Advanced Research and Invention Agency (ARIA) Matt Clifford CBE. The plan set out recommendations for the government, which...

F. Hoffmann-La Roche AG (Roche) brought a Patent infringement case at the Delhi High Court against Natco Pharma Limited (Natco). The claim of Roche was based on infringement of its patent for a compound Risdiplam marketed under the brand name EVRYSDI® used in the...

The ongoing legal battle between Nike and Lululemon has become a focal point in the sportswear industry, highlighting the increasing importance of intellectual property (IP) protection in a highly competitive market. The case, which began in January 2023, centers...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

The procedure of calling for third-party opinions was introduced on April 1, 2022, in patent and utility model infringement suits. In the second case under the proceeding, the Intellectual Property High Court (IPHC) issued a request for opinions with a deadline of...

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...

The United States Patent and Trademark Office (USPTO) has withdrawn its proposed rule to amend terminal disclaimer requirements to address non-statutory double patenting. Originally published in the Federal Register on May 10, 2024, the proposed rule sought to ensure...

In a succinctly reasoned 10 pages of judgment, His Honour Judge Hacon has dismissed a claim for registered design infringement about a tool for getting a key through a letterbox and up to the lock on the inside of a door. Judge Hacon's analysis in Barber v. Wakefield...

Emotional Perception AI Limited (EPAIL) has been granted leave to appeal by the UK Supreme Court in its ongoing battle to secure a patent for its music recommender system using an Artificial Neural Network (ANN). This follows appeals in two instances after the UK...

The case involves an appeal by COMVIVA TECHNOLOGIES LIMITED (C.A.(COMM.IPD-PAT)492/2022) against the decision of the Assistant Controller of Patents and Designs. The Controller refused the patent application titled "Methods and Devices for Authentication of an...

Why would a trillion-dollar company leading the smartwatch market challenge a barely known watch? In this case, Apple sued Masimo for patent infringement, targeting its health watch which has negligible sales. In October 2024, a Delaware jury ruled that Masimo’s watch...

Nintendo and The Pokémon Company made waves in the video game industry when they jointly announced a patent infringement lawsuit against Pocketair, Inc. back in September 2024. Their press release cryptically alleged that Pokémon competitor and monster-catching game...

In the life span of any business, the investment goes way beyond the financial aspects. It's the years of dedication, contemplating, experimenting, and actively refining your idea of a product or service cut through the market. From the moment an idea is born,...