
Osseo Imaging, LLC v. Planmeca US Inc.: is “timing of acquiring the skill” relevant when ascertaining an expert?
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...
Steuben Foods accuses Shibuya Hoppmann Corp. of patent infringement in bottling process
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...
Clarivate identifies top 50 universities powering global innovation
Clarivate, a leading global provider of transformative intelligence, today released The top 50 universities powering global innovation report, which analyzes the critical role of research in shaping global industrial innovation and societal impact, using data and...
The UPC’s jurisdiction to determine damages after a post-national judgment
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...
Lynk Labs v. Samsung: published patent applications as prior art in IPR proceedings
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...
New ECTA Patent Committee: mission, vision, and destiny
ECTA has created a Patent Committee. This is quite a surprising move considering that ECTA has the reputation of being an association specialized in other IP rights, particularly trademarks. At first glance, it is surprising that a reputed trademark association like...
Novartis v. Natco Pharma Limited: pre-grant opponents in patent examination process
Patent law is characterized by a delicate balance between fostering innovation and ensuring that patents are granted on meritorious grounds. Central to this balance is the mechanism of pre-grant opposition, designed to facilitate a rigorous examination of patent...
Embracing DOCX and enabling AI: the future of patent filings at the USPTO in 2024
After several, long delays, the United States Patent and Trademark Office (USPTO) seems to be finally moving forward with implementing the DOCX format requirement for certain patent applications. In its effort to modernize and streamline its systems, the USPTO is...
Thaler v. Comptroller: the UKSC rules that AI cannot be an ‘inventor’
To the surprise of no one, the UK Supreme Court (UKSC) has finally ruled that an artificial intelligence (AI) cannot be an inventor for the purposes of UK patent law. This judgment accords with the decisions of the lower courts in the UK and the initial ruling of the...
Why so opaque? Transparency and the Unified Patent Court
The Unified Patent Court (UPC) Rules on public access were meticulously debated in the run-up to the UPC's launch. As a court, its task first and foremost should be to provide justice, and justice should be transparent. Right? This seemed to be the intention behind...
Lenovo’s Zenbook attack: valid claim or troll move?
Lenovo has sued ASUS TeK in the Northern District of California (23-CV-5892), alleging ASUS’ Zenbook Pro laptop infringes four of Lenovo’s patents: a rotatable hinge (US Patent No. 8,687,354), diagonal touchpad scrolling (7,760,189), a wireless wake feature...
Nike defends its Flyknit technology by suing for patent infringement
At the beginning of November 2023, the footwear giant Nike filed lawsuits against its competitor, New Balance, before the Federal Court of Massachusetts and against Skechers before the Federal Court of Los Angeles for infringement and non-consensual use of patented...
Designing a new patent bar
On November 15, 2023, the United States Patent and Trademark Office (USPTO) announced that it is creating a new patent bar specifically for design patents. Practitioners with one of the following degrees: bachelor’s, master’s, or doctorate, qualify to seek admission...
Start-up to scale-up: does IP hold the key?
The UK Government’s enthusiasm for technology as evidenced by the recent Autumn Statement and the AI Safety Summit is positive and recognizes the fantastic scientific resources we have in the UK (including our universities, scientists, angels, VCs, IP lawyers, and...
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