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Nike v. Lululemon: a landmark patent battle in the footwear industry
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 secure PTAB victory against Moderna amid global patent disputes
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...
Federal Circuit lowers barrier for ITC patent enforcement: a win for small biotech firms
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...
Open source and AI from a community-based intellectual property perspective
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...
Letters Rogatory: a valuable tool for the collection of evidence across borders
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...
Strengthening IP rights in Georgia, Moldova, and Ukraine to support EU accession
EU4IP, a new EU-funded cooperation project on intellectual property (IP) matters, was launched by the European Union Intellectual Property Office (EUIPO), in partnership with the National Intellectual Property Center of Georgia (Sakpatenti), the State Agency on...
Recent amendments in Indian Patent Rules 2024: enhancing patent procedure and protection
In the dynamic landscape of intellectual property rights, patents stand as pillars of innovation, providing inventors with exclusive rights to their creations. Patents not only incentivize inventors to bring their ideas to fruition but also foster economic growth by...
Report launched into UK’s IP-backed finance landscape
Greater access to IP-backed finance could help firms, especially SMEs, leverage their IP to scale and grow A new report launched in London today finds the UK meets the right conditions to make IP-backed lending to SMEs viable The report – produced by the World...
Watch this space: Apple Watch set for redesign following Masimo patent dispute
As previously reported, in October of 2023, the US International Trade Commission (ITC) ruled that certain pulse oximetry features of the Apple Watch infringed two of Masimo’s patents. Along with the infringement holding, the ITC issued a limited exclusion order,...
The brick-making machine case: doctrine of equivalence in patent infringement cases
This article delves into the intricate legal analysis of the doctrine of equivalence in patent infringement cases, focusing on the recent judgment in Snpc Machines Private Limited v. Mr Vishal Choudhary by the Delhi High Court. The doctrine of equivalence plays a...
The state of incorporation by reference at the Federal Circuit post-Promptu
On February 16, 2024, the Federal Circuit reminded the bar that arguments cannot be incorporated by reference except in narrow circumstances. In a precedential order, the court chastised counsel whose brief had incorporated by reference an argument from a companion...
Proposed “reasonable pricing” march-in factor risks chilling innovation in attempt to leverage Bayh-Dole to lower drug prices
The National Institute of Standards and Technology (NIST) recently published a Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights (framework). The framework instructs federal agencies to consider “unreasonable pricing” as a factor in...
Businesses save record amount of corporation tax through Patent Box scheme: £1.4 billion in relief in just a year
Relief could be made more generous to encourage innovation UK companies spending on R&D still lags behind the United States, Germany, and Japan The amount of tax saved by businesses through HMRC’s Patent Box scheme has increased by 23% over the last five years,...
USPTO issues inventorship guidance on AI-assisted inventions
The USPTO recently issued inventorship guidance for inventions assisted by artificial intelligence (AI). The guidance explains that “AI-assisted inventions are not categorically unpatentable.” However, a natural person must have provided a “significant contribution”...
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