The Patent Lawyer
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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...
Adobe’s $33.8 million patent verdict: lessons in intellectual property protection
In the whirlwind of the technology sector, where innovation thrives and boundaries blur, legal disputes surrounding intellectual property are all too familiar. Recently, Adobe, a prominent player in the digital landscape, found itself entangled in a legal tempest,...
Innovation in plastic has more than tripled globally, report reveals
European nations must evolve faster, as nearly half of all plastic patents have been developed in Asia over the last two decades. A new report reveals innovation in plastic technology has more than tripled since 2015, following legislative action and policy...
Border patrol: D.C. Circuit confirms boundary between the legitimate exercise of patent rights and antitrust enforcement
Antitrust law and patent law can at times appear in conflict. The principal goals of the antitrust laws are to enhance competition and prevent exclusionary conduct. Patents, on the other hand, provide a right to exclude others, including competitors, from the...
Evidence of copying by IPR petitioner may be enough for secondary considerations to overcome showing of obviousness
In Volvo Penta v. Brunswick (2022-1765), evidence of copying overcame the showing that all claim limitations were obvious in light of the prior art. The goal for petitioners in an inter partes review is pretty straightforward: find prior art that teaches all of the...
A shift in gears sees Zwift and Wahoo back in collaboration
Following on from a lawsuit filed by Wahoo against Zwift back in October 2022, alleging that Zwift’s new Hub trainer infringed Wahoo’s patents, it has been confirmed that the lawsuit has been dropped. Zwift, a brand known for its indoor cycling equipment, had limited...
Powerful new search tool will help IPO maintain patent quality
Office (IPO) performs patent searches. ‘SEARCH’ is based on the state-of-the art patent search tool developed and used by the European Patent Office (EPO), widely regarded as the best such tool in the world. The IPO has worked with the EPO to develop ‘SEARCH’ as the...
Protecting organoleptics in food IP: a problem to sink your teeth into!
Recently, plant-based protein manufacturer “Juicy Marbles” announced their newest product: vegan pork ribs, with edible bones. The soy-based ribs will join the brand’s roster of plant-based “whole cuts”, filet steaks, and joints. The USP of the Juicy Marbles range is...
Integrating intellectual property considerations in AI into contract drafting: insights from the World Commerce & Contracting Conference 2023
Amidst engaging dialogues held at the World Commerce & Contracting (WCCC) conference in Melbourne this month, the potent impact of Artificial Intelligence (AI) implementation has emerged as a compelling subject of reflection and dialogue for the legal profession...
Imprisonment provisions removed from the Patents Act to bolster trust-based governance
After being cleared by both houses of Parliament, the Jan Vishwas (Amendment of Provisions) Bill, 2023 (JVB) received presidential assent on 11 August 2023 and thus became the law. Several provisions in different Acts have been decriminalized through this bill by...
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