The Patent Lawyer
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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...
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...
Samsung’s $112M patent verdict: Maxell makes its mark in IP enforcement
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....
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...
Optis v. Apple: what the Federal Circuit’s decision means for functional claiming
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...
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...
Best practices for drafting strong patent claims
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,...
UK Government decides not to reduce or limit R&D tax credits
The UK Government’s 2024 Budget, while squarely focused on tax increases and revenue measures, suggests a pragmatic recognition by the new Labour administration that sustainable tax receipts are ideally underpinned by economic growth and wealth creation. In a global...
How I would use AI to steal your design… and what you can do about it
To protect our designs, ideas, and innovations, we must think like an infringer. May AI allow bad actors to knock off your design… and get away with it? First, we need to understand AI-assisted design. Like all new tech, AI will follow Amara’s law. We overestimate the...
Calcutta High Court issues IP Division Rules
The Calcutta High Court recently adopted the much-awaited Intellectual Property Rights Division Rules, 2023 (Calcutta IPD Rules), making it the third High Court in India, after Delhi and Madras, to implement specialized regulations for IP matters. While the Calcutta...
AstraZeneca challenges Axelpharm’s cancer drug patent
AstraZeneca is a world-renowned pharmaceutical company. It owns many patents in Russia and takes steps to protect them against encroachers. Its medicines are exempt from sanctions because they are mainly used for the life-preserving treatment of cancer. Axelpharm, a...
USPTO issues final rule on Director Review of PTAB decisions
On October 1, 2024, the USPTO published a new final rule, Rules Governing Director Review of Patent Trial and Appeal Board (PTAB) Decisions. 89 Fed. Reg. 79,744 (October 1, 2024). The final rule codifies many aspects of the PTAB’s revised interim Director Review...
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