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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...
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...
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...
Delhi High Court holds “algorithms” and “computer program” not patentable
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...
Clarivate launches AI-powered patent search solution in Derwent
Faster and more relevant results to empower critical IP decision-making London, UK - December 12, 2024 - Clarivate Plc (NYSE: CLVT), a leading global provider of transformative intelligence, today announced the launch of AI Search in Derwent™. Combining artificial...
A top 100 global innovators deep dive into the medical and biotechnology sector
Clarivate shares its latest report, A Top 100 Global Innovators Deep Dive into the Medical and Biotechnology Sector. The report provides a deep dive into the Medtech sector within the data behind the Clarivate Top 100 Global Innovators™ 2024 report and uncovers the...
USPTO withdraws proposed changes to terminal disclaimer requirements
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...
Through the letterbox injunction awarded in registered design dispute Barber v. Wakefield
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...
The final round: UK Supreme Court grants leave to appeal to Emotional Perception AI Limited
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...
Use of terms “payment” and “transactions” does not automatically classify an invention as a business method
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...
Apple v. Masimo: the clash over pulse oximetry patents
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...
Gotta catch ‘em all: an update on the Nintendo-Pocketpair lawsuit
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...
EUIPO unveils five-year strategy focused on providing high-quality IP services while fostering competitiveness, innovation, and economic growth in Europe
The plan, adopted at the EUIPO's Management Board and Budget Committee meetings, will come into effect on 1 January 2025 One of the priorities is to enhance the customer experience by delivering high-value IP products and services while further improving...
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