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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...
Delhi High Court denies AbbVie’s anti-cMet ADC patent
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...
Therapeutic efficacy is a must for a novel intermediate compound to overcome Section 3(d) objection
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...
UPC and EPO diverge on inventive step: lessons from Amgen’s PCSK9 patent battle
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...
Should translation requirements apply equally in patent law?
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...
Crystalizing plant variety infringement protection in India
On September 20, 2024, the Delhi High Court ruled in Pioneer Overseas Corporation v. M/s Evercrop Agro Science & Star Agrotech Pvt. Ltd. (CS(COMM) 759/2024), a significant case addressing plant variety infringement under the Protection of Plant Varieties and...
German criminal court finds three defendants guilty of fraud for sending misleading invoices to EUIPO customers
In September 2024, the Munich Court (Germany) found three defendants guilty of commercial gang fraud for sending misleading invoices to EUIPO customers. Each defendant was sentenced to one year and 10 months of imprisonment, suspended with a three-year probation...
Pocketpair, I choose you… to sue: an early glimpse into the Nintendo-Pocketpair litigation
Out of the blue on September 19, 2024, video game company Nintendo and The Pokémon Company issued a joint news release via a post on the Nintendo website. The post asserted that Pocketpair infringed certain patents but contained sparse details about the alleged...
Increase in patent fees in Russia
From October 5, 2024, the amount of patent fees collected in Russia has increased in accordance with the relevant draft government resolution. The changes will affect legally significant actions related to such intellectual property items as inventions, utility...
COPA and Unified Patents sign partnership to protect the crypto community from patent trolls
Launch of Blockchain Zone to challenge patents owned by non-practicing entities (NPEs) that could impact the open-source ecosystem NPEs still account for 58% of all [US] patent litigation; partnership aims to deter NPE activity in crypto October 1, 2024 - Today,...
ERS Genomics and Université de Montréal sign CRISPR/Cas9 license agreement
License agreement provides Université de Montréal access to CRISPR gene editing technology for use across its platform services Dublin, Ireland, and Montreal, Canada - October 1, 2024 - ERS Genomics Limited (‘ERS’), the CRISPR licensing Company, and Université de...
Relentless pursuit of victory: BMW Group prevails in Arigna patent litigation saga
BMW Group prevailed in its long-running battle against Arigna Technology Ltd. While Arigna’s efforts spanned years and multiple venues — BMW Group’s multi-faceted legal strategy and refusal to settle ultimately forced Arigna to fold. Pressuring from all sides: BMW...
Looks can be deceiving: the first denial of a design patent IPR petition since LKQ
This August saw the first denial of an inter partes review petition for a design patent at the Patent Trial and Appeal Board (PTAB) since the Federal Circuit’s en banc decision in LKQ Corporation v. GM Global Technology Operations LLC. In Next Step Group, Inc. v....
Tesla demolishes Avago in two UPC cases
Late August 2024 saw two UPC cases decided in Avago’s patent litigation battles with Tesla, with Tesla coming out in front in each case. In the first decision, by the UPC Local Division Hamburg, Avago’s patent EP1612910B1 was narrowed to such an extent that there was...
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