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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...
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...
Keeping innovations secure amid MI5’s warnings on cyber espionage
Last month, Ken McCallum, the director general of MI5, issued a stark warning to UK businesses: Chinese cyber spies are watching closely and targeting organizations of all sizes to steal innovations. The threat of espionage has always been prevalent against...
10-days no more – Changes to the calculation of EPO time limits
As of 1 November 2023, the “10-day rule” will be abolished and will no longer apply to deadlines that are triggered by communications issued by the European Patent Office (EPO) on or after that date. Background and current situation Some deadlines set by the EPO (for...
100 working days on from launch of Europe’s new patent courts system, number of Unitary Patents registered nears 11,000
Only 33 patent cases filed at the UK High Court this year raises fear of post-Brexit drift of cases from the UK to the EU – 60 already filed at the Unified Patent Court (UPC) since June The UK now has almost 1,000 representatives registered with the EU’s UPC, second...
Federal Circuit narrowly defines scope of comparison prior art for evaluating design patent infringement
The Federal Circuit, in a case of first impression, recently defined the proper scope of “comparison prior art” in evaluating infringement of a design patent. Columbia Sportswear N. Am., Inc. v. Seirus Innovative Accessories, Inc., 80 F.4th 1363 (Fed. Cir. 2023)...
First substantive decision of the new Unified Patent Court (UPC): 10x Genomics and Harvard obtain a provisional injunction against NanoString across Europe
Mike Gruber, LL.M. IP (GWU) reports on decisions in two provisional injunction proceedings before the UPC’s Local Division Munich and shares strategic takeaways for enforcing patents across Europe. Three and a half months after opening its doors on June 1st, the UPC...
USPTO public listening session on standards and intellectual property
On September 20, 2023, IP stakeholders converged at the United States Patent and Trademark Office to speak on the hot-button issue of standard essential patents (SEPs). The USPTO, in collaboration with the International Trade Administration and the National Institute...
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