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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...
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...
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...
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...
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...
EPO Validation State system has high potential and low uptake, finds new Mewburn Ellis report
LONDON – International IP firm Mewburn Ellis today released a report on the Validation State system, a newer feature of the European Patent (EP) system employing ‘Validation Agreements’ to secure and validate European patent protection in four Emerging Market...
Ericsson’s legal battle with Lenovo over 5G patents: a decade-long dispute
In a recent legal development, telecom giant Ericsson has taken legal action against Lenovo and its mobile phone subsidiary, Motorola. The lawsuit accuses Lenovo of infringing on Ericsson's 5G patents and obstructing negotiations over mutual licensing agreements. The...
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