Recently, the Federal Circuit Court has significantly influenced the discourse surrounding patent infringement and design protection, particularly regarding the weight of analogous art used in infringement analysis. In a precedent setting opinion, Netflix, Inc. v. DIVX, LLC, the Court engaged in a critical review of the prior board’s findings, which has far-reaching implications for how…
Maintaining a robust patent estate is a critical task for many corporations, particularly those operating in innovative fields. In the biotech industry, this task becomes particularly paramount due to the highly competitive nature of the environment and the significant investments often required for research and development. Emerging biotech companies often face a myriad of challenges…
The advent of generative artificial intelligence (GenAI) has set the stage for fascinating debates surrounding patent law. GenAI has been in the limelight for the better part of 2023, highlighting the technology’s potential to reshape the economic landscape through its ability to introduce remarkable efficiencies in business operations and, concurrently, disrupt job markets. Interestingly, GenAI’s…
In a recent development, Voxer, a communication technology company, was awarded partial deposition costs by a judge in a patent infringement lawsuit against Meta, the parent company of Facebook. This follows the history-making judgement last September where an Austin, Texas jury awarded Voxer nearly $175 million in damages. The judgement was monumental, closing a chapter…
In a recent notice of judgement in favor of Google, an issue of patent eligibility has been sternly put under the spotlight. The case pertains to mobile device geolocation patents, with Google’s contention resting on the foundation of patent-ineligibility subject matter under the 35 U.S.C. Section 101. According to this particular section, it is stated…
The past week concluded with a noteworthy legal feud in the patented technology realm. This episode involved the sports apparel titan, Columbia Sportswear North America, Inc., and Seirus Innovative Accessories, Inc., a popular brand known for their innovations in the outdoor gear segment. For those working in the Intellectual Property sector, this particular patent litigation…
The Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry in India has recently released a collection of draft amendments, known as “Draft Rules,” to the Indian Patent Rules, 2003. The news has spurred considerable discussion among Indian legal professionals, as these amendments stand to potentially impact a wide…
LegalOn, one of the largest providers of AI contract review technology in Japan, has recently entered the U.S. market. Following its successful launch last December, the company now plans to expand its services to contract drafting with the introduction of LegalOn Templates, a compilation of more than 100 standard market templates that have been created…
In a notable development in the legal landscape of intellectual property rights, a Delaware federal judge recently decided to reduce a jury’s $10 million damages verdict against Intuitive Surgical Inc. to a mere $1. The significant change to the financial repercussions for the tech firm came about due to insufficient evidence provided by Rex Medical…
Brand owners may need to adjust their budget plans for the coming years, as the Canadian Intellectual Property Office (CIPO) recently announced an increase in its official fees starting from January 1, 2024. This increase touches upon various facets of intellectual property rights, with a particular emphasis on trademarks. According to a report from JD…
In a recent noteworthy judgement, UCB, Inc. v. Actavis Labs. UT, Inc., a legal hurdle was encountered in the pharmaceutical sector. Known as the Neupro® (Rotigotine) case, it was presided over by Circuit Judges Moore, Chen, and Stoll with the opinion given by Judge Stoll. The appeal came from D. Del., with Judge Jordan. This…
The issue of design patent obviousness in the automotive industry has come under the spotlight recent times, particularly with the legal battle between LKQ Corp. and GM Global Technology Operations LLC. The case has reenergized discussions around the complex and often nebulous aspect of patent law. The central focus of the contention is the Rosen-Durling…
The American law firm, Holland & Knight, has published another of its insightful bulletins known as the ‘Health Dose’ on September 19, 2023. The regularly scheduled publications serve to update stakeholders—from health system leaders to policy makers—on developments and changes in legislative and regulatory terms that have a significant bearing on the health sector. This…
In a notable Federal Circuit Review from August 2023, a critical ruling for intellectual property rights (IPR) petitioners came to the forefront. The court’s decision in the landmark case Axonics, Inc. v. Medtronic, Inc., Appeal No. 22-1532 has set a precedent for the conduct of IPR proceedings. A key takeaway from this review was the…
On June 1, 2023, European patent law experienced a significant development with the inception of the new European Unified Patent Court (UPC). The UPC now makes enforcement of European patents in its 17 contract member states achievable with one single action [see source]. This is the sixth part of a series of articles that aim…
The latest case report from the Federal Appeals Circuit, concerning Columbia Sportswear North America, Inc. v. Seirus Innovative Accessories, Inc., (Appeal Nos. 2021-2299, -2338) provides an illuminating analysis of precedent concerning design patents and infringement scope. Dated September 15, 2023, this decade-old case offers fresh insight into the domain of intellectual property law, particularly in…
Design patents play a distinct role in intellectual property law, often winding up in disputes between competitors. These cases can frequently escalate all the way to the Federal Circuit for review, if settlements are not reached. A prime example of this is last week’s significant decision in Columbia v. Seirus, which stirred prominent discussions in…
In a significant move that could potentially impact the patent landscape in the United States, the Federal Trade Commission (FTC) has issued a policy statement regarding the listing of pharmaceutical patents in the Food and Drug Administration (FDA)’s Orange Book. The statement suggests that even in cases where there is no ongoing litigation over patent…
Major changes are set to affect the procedural timeline for patent filings at the European Patent Office (EPO). EPO’s traditional “10-day rule” is coming to an end on October 31, 2023. The turn of the month will usher in a new “7-day rule”. Starting November 1, 2023, notices from the EPO will feature a response…
In a significant development in the sphere of genomics legal cases on September 14, 2023, the U.S. District Court for the District of Delaware vetoed Parse Biosciences Inc.’s (Parse) attempt to dismiss a complaint lodged by 10x Genomics Inc. (10x) and the Board of Trustees of Leland Stanford Junior University (Stanford). Parse was accused of…
In recent developments in the ongoing legal saga concerning the former US President Donald Trump, he seemingly confessed his involvement in a case currently under investigation. This full-throated admission has left his counsel in a difficult position. More details can be found here. His understanding and interpretation of the Constitution has also been called into…
In an announcement dated September 14, 2023, the Federal Trade Commission (FTC) issued a policy statement warning pharmaceutical companies against improper listings of patents in the FDA’s Orange Book. This is a remarkable move in the commission’s push to bolster generic competition and comes amid an era of rising scrutiny on practices perceived to thwart…
In February of 2023, T-Mobile USA, Inc. (“T-Mobile”) submitted applications for four inter partes reviews (“the T-Mobile IPRs”) in a particularly complex legal maneuver. Specifically, these entailed two challenges of U.S. Patent No. 8,630,234 and two against U.S. Patent No. 10,880,721 electing to file with joinder motions. This development is noteworthy because, previously in June…
In a recent case closely followed by intellectual property attorneys, the District of Delaware reexamined the remaining dispute claims in American Axle v. Neapco, following an appeal and petition for certiorari to the Supreme Court. At stake was whether the disputed claims were invalid due to the lack of patent-eligible subject matter. Described in more…
In recent years, the Federal Circuit has faced novel challenges in understanding and interpreting patent laws. An interesting situation has risen from a decision of a case involving wireless charging through skin for implanted medical devices. According to JDSupra’s depiction of the case, the Federal Circuit highlighted the Patent Trial and Appeal Board’s (PTAB) adoption…