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...
DDR Holdings v. Priceline.com: a cautionary tale for provisional applicants
In US patent law, a provisional application is a 'placeholder' that allows an applicant to file without a formal patent claim, often before the idea is fully developed, to secure an earlier priority date. However, provisional applications are typically low-budget...
The second case of “calling for third-party opinions”
The procedure of calling for third-party opinions was introduced on April 1, 2022, in patent and utility model infringement suits. In the second case under the proceeding, the Intellectual Property High Court (IPHC) issued a request for opinions with a deadline of...
UKIPO launches new patent search tool to boost UK innovation
Today’s launch is part of the UK Intellectual Property Office's (UKIPO) major digital transformation. A new online search tool for UK patents launched today will make it easier for businesses and innovators to search and access patent information, supporting UK...
Revocation petition maintainable though no live patent subsisting: Macleods Pharmaceuticals Ltd v. Boehringer Ingelheim Pharma
Macleods Pharmaceuticals Ltd., the petitioner, is engaged in manufacturing and marketing diverse pharmaceutical products, including anti-diabetic drugs. The respondent, Boehringer Ingelheim Pharma GmbH & Co. KG, is a company organized under the laws of Germany and...
16-year-old inventor awarded Irish Patent Certificate for her system for detecting moving objects for use by visually impaired people
Convention Centre, Dublin, December 7, 2023 – Today marks a milestone as Maura Moore-McCune, a remarkable 16-year-old innovator, has been presented with her Patent Certificate for her Irish Patent relating to her invention of a “System for detecting moving objects for...
New Year’s hangover: taking action now to avoid the 2024 Canadian IP Office fee spike
Most Canadian IP Office (CIPO) fees are going up ~25% on Jan 1, 2024, so there are savings to be had if applicants want to move any 2024 actions into 2023. For example, consider taking action on new filings, renewal fees, requests for examination, and any grant fees....
Another BPCIA patent case resolved through settlement: Genentech v. Biogen
In a recent legal matter, Genentech, Inc., Hoffmann-La Roche, Inc., and Chugai Pharmaceutical Co., Ltd. ("Genentech") have officially reached a settlement agreement in a patent dispute related to the Tocilizumab drug (Case No.: 1:23-CV-11573) with Biogen MA Inc. and...
Orlando jury finds willful infringement in waterslide case
On November 9, 2023, after a nine-day jury trial in the Middle District of Florida, ProSlide Technology, Inc. prevailed in a patent infringement case related to large water slides. Patent owner, ProSlide, and defendant WhiteWater West Industries, Inc., are the two...
Priority or not priority? That is the question for the European Patent Office
Two vexed questions have been answered in the affirmative: yes, the European Patent Office (EPO) can examine entitlement to priority, and yes, the PCT joint applicants approach gives a valid priority claim at the EPO. In its landmark decision, the Enlarged Board of...
What’s next for Apple? The ITC bans importation of the Apple Watch into the US
After a recent ruling from the United States International Trade Commission (ITC), Apple will be barred from importing certain Apple Watch products into the United States (US) starting on December 26, 2023. Masimo, a California-based medical technology company, filed...
UK sees threefold drop in low-carbon vehicle foreign patent filings, according to latest data
New analysis of patent filing data suggests global confidence in the UK market for low-carbon vehicle technology has fallen significantly, with active patents in the UK market from multinational companies at a five-year low. A new report reveals foreign investment in...
Federal Circuit permits IPR petitioners to raise new analogous art arguments in reply
In instituted inter partes reviews at the Patent Trial and Appeal Board, the petitioner can use its post-institution reply to respond to the patent owner’s post-institution response and to the Board’s decision to institute. However, the PTAB’s Consolidated Trial...
INTA amicus brief calls for maintaining long-established test for obviousness in context of design patents
New York, New York—October 31, 2023—The International Trademark Association (INTA) filed an amicus brief in the United States Court of Appeals for the Federal Circuit in the case of LKQ Corporation et al. v. GM Global Technology Ops. LLC, No. 2021-2348, urging the...
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