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ByteDance (TikTok) joins the Open Invention Network 2.0 community
Open source software is the engine for almost every enterprise stack. Open Invention Network (OIN) was created to safeguard open source from bad actors. Over the last two decades, open source has been able to flourish, driving innovation in the software market to...
Federal Circuit backs PTAB’s different claim construction in Ravin crossbow patent dispute
A patent owner’s success in securing a favorable claim construction in district court does not necessarily mean the Patent Trial and Appeal Board (PTAB) will adopt the same construction in a parallel inter partes review (IPR), a recent Federal Circuit decision...
Argentina removed from USTR Special 301 Priority Watch List after decade of scrutiny
Argentina has been removed from the United States Trade Representative's (USTR) Special 301 Priority Watch List for the first time in more than a decade, marking a significant milestone in the country's efforts to strengthen its intellectual property (IP) framework....
Federal Circuit leaves PTAB invalidity ruling intact in Nike wearable patent dispute with Lululemon
Nike's efforts to revive a wearable technology patent have come to an end after the US Court of Appeals for the Federal Circuit summarily affirmed a Patent Trial and Appeal Board (PTAB) decision finding every challenged claim of the patent unpatentable. In a Rule 36...
Could the Federal Circuit’s MPH v. Apple ruling influence future claim construction disputes?
The US Court of Appeals for the Federal Circuit (CAFC) has handed patent owners a significant victory in MPH Technologies Oy v. Apple Inc., reversing a district court's claim construction and indefiniteness findings that had effectively ended the case. While the...
Open Invention Network reaches 4,000 community members
Open-source software continues to expand its reach within the commercial software industry. According to research from GitHub and The Linux Foundation, 40% of businesses contribute open-source code daily and 60% at least weekly. It spans every major technology sector,...
Looking back at AIPPI World Congress 2024 in Hangzhou, China
The 2024 AIPPI World Congress, held in the picturesque city of Hangzhou from October 19 to 22, was a landmark event for the global intellectual property (IP) community. Hosting more than 2,300 IP professionals from 92 countries, the Congress underscored China’s...
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...
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...
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...
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...
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...
The second case of “calling for third-party opinions”
Revocation petition maintainable though no live patent subsisting: Macleods Pharmaceuticals Ltd v. Boehringer Ingelheim Pharma
Delhi High Court reaffirm a ‘method of treatment of plants’ would not fall under the purview of ‘method of agriculture’
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