Patents

McDonnell Boehnen Hulbert & Berghoff LLP and Patent Docs will be hosting two onsite CLE programs on "Recent Developments in Biopharma Patent Law" from 9:30 am to 1:30 pm (PT) on April 23, 2019 in San Diego, CA and on April 24, 2019 in Burlingame, CA. MBHB attorneys and Patent ... Read More

The U.S. Patent and Trademark Office will be holding a customer partnership meeting of Technology Center 3600 (Transportation, Electronic Commerce, Construction, Agriculture, Licensing, and Review) and Technology Center 3700 (Mechanical Engineering, Manufacturing, and Products), together with the American Intellectual Property Law Association (AIPLA), from 8:45 am to 5:00 pm (EDT) ... Read More

The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "IPR Estoppel One Year After SAS" on April 25, 2019 from 2:00 to 3:00 pm (ET). Grantland Drutchas of McDonnell Boehnen Hulbert & Berghoff LLP; James Hietala of Intellectual Ventures Management, LLC; and Eliot Williams of Baker Botts ... Read More

D Young & Co will be offering its next European biotech patent law update on April 30, 2019. The webinar will be offered at three times: 4:00 am, 7:00 am, and 12:00 pm (EDT). D Young & Co European Patent Attorneys Simon O'Brien and Matthew Caines will provide an essential ... Read More

Strafford will be offering a webinar entitled "Patent Inventorship: Best Practices for Determination and Correction -- Distinguishing Between Inventor and Contributor; Navigating Joint Inventorship, Disclosure of Ownership, Real Party in Interest" on May 2, 2019 from 1:00 to 2:30 pm (EDT). Jill K. MacAlpine and Amanda K. Murphy of Finnegan ... Read More

J A Kemp will be offering a webinar entitled "Inventive Step for Computer Implemented Inventions at the EPO" on April 30, 2019 from 3:30 to 4:30 pm GMT (Greenwich Mean Time). John Leeming of J A Kemp will discuss the latest EPO case law on separating the technical from the ... Read More

Strafford will be offering a webinar entitled "Patent Infringement After Duncan Parking Technologies -- Doctrine of Equivalents, Too-Narrow Claim Construction, and Prosecution Impact on Litigation Outcomes" on April 30, 2019 from 1:00 to 2:30 pm (EDT). Thomas L. Irving, Adriana L. Burgy, Mark J. Feldstein, and Doris Johnson Hines of ... Read More

Matt PavichIce cream shop franchisor showed that franchisee misappropriated a trade secret and that it would suffer irreparable harm absent a preliminary injunction. An ice cream parlor franchisor showed that information it gave to a franchisee was not known outside the business and was restricted by confidentiality agreements and was ... Read More

Kluwer Patent bloggerThe EPO published its draft Strategic Plan 2023 on 18 April 2019. It has invited all stakeholders to provide their views on the document. Those who want to provide input can do so here. The new consultation will run until 10 May 2019 and the plan is to submit ... Read More

At a well-attended Washington DC meeting on Wednesday, key stakeholders struggled to get past a series of issues that have consistently hampered attempts to deliver changes to Section 101 via Congress ... Read More

Peter ReapIn a patent infringement suit brought by Omega Patents against CalAmp Corp. alleging infringement of Omega’s U.S. Patent Nos. 6,346,876 (’876 patent), 6,756,885 (’885 patent), 7,671,727 (’727 patent), and 8,032,278 (’278 patent), the federal district court in Orlando’s judgment of no invalidity of the asserted claims was affirmed, the ... Read More

The auto company is the biggest shareholder in the parts giant, a growing IP power which is ramping up its ability to make electric vehicle parts ... Read More

By Donald Zuhn -- Last week, in Novartis Pharmaceuticals Corp. v. Par Pharmaceutical Inc., District Judge Richard G. Andrews of the U.S. District Court for the District of Delaware granted a Motion for Estoppel under 35 U.S.C. § 315(e)(2) filed by Novartis Pharmaceuticals Corp. Defendant Par Pharmaceutical Inc. had taken ... Read More

A group of pro-patent senators and members of Congress have published what they are calling “a bipartisan, bicameral framework on Section 101 patent reform.” Basics of the framework are to create a defined, closed list of subject matter category exclusions: Fundamental scientific principles; Products that exist solely and exclusively ... Read More

The prize of certainty, the big question over Huawei and America’s search for a 5G champion comes to a close ... Read More

by Dennis Crouch E.I. DuPont de Nemours & Co. v. Unifrax I LLC (Fed. Cir. 2019) In 2014, DuPont sued Unifrax for infringing its patented flame-barrier that is both lightweight and thin. U.S. Patent 8,607,926 (“Composite Flame Barrier Laminate for a Thermal and Acoustic Insulation Blanket”). The jury sided with DuPont ... Read More

Lack of IP funds and staff at Kyoto University may have left immunotherapy pioneer Tasuku Honjo with a poor deal in agreement with Ono Pharmaceutical. ... Read More

Brian CorderyThe run up to the Easter vacation is always a busy time in the English Patents Court as litigants seek have applications determined to set the direction of travel for the next period of the case and Judges, understandably, try and clear their desks before the break. 2019 was ... Read More

Hui Zhang, Xiang Li and Hanmei WangIn our blog of last December, we reported that China has established a new IP Tribunal within the Supreme People’s Court (the “SPC”) as a national IP appellate court akin to the federal circuit in the United States. The new SPC IP Tribunal commenced ... Read More

Executives at some of the country's leading domestic mobile manufacturers open up about the reasons they believe an anti-trust investigation of the Swedish company is merited ... Read More

Michael VallanceLast week the Board of Appeal issued a decision holding that Google’s patent application 04784004.6 was unallowable on the ground of lack of inventive step. Amongst other things, the decision contains useful guidance relevant to applications containing a mixture of technical and non-technical subject matter. The take-homes from the ... Read More

By Kevin E. Noonan -- Over the past six years, since the Supreme Court handed down its decision in Mayo Collaborative Services, Inc. v. Prometheus Laboratories, it has become more and more evident that correction of the path embarked upon by the USPTO, the district courts, and the Federal Circuit ... Read More

Kluwer Patent bloggerThe Chartered Institute of Patent Attorneys (CIPA) in the UK has harshly criticized the European Patent Office for its handling of the issue of patentability of plants. Last month it published a position paper in which it said measures proposed by the EPO to create clarity undermine legal certainty ... Read More

Oswin Ridderbusch and Alexa von UexküllThe European Parliament has finally adopted the legislation introducing an SPC manufacturing waiver in its last plenary session before the upcoming European elections. The corresponding legislation was endorsed today on 17 April 2019, with 572 votes in favor, 36 votes against, and 22 abstentions. The ... Read More

Days before the sudden settlement between Apple and Qualcomm, a German appeals court had preliminarily annulled the latter's most significant courtroom victory over the former, as I found out today. After months of briefing and in-depth analysis, the Oberlandesgericht München (Munich Higher Regional Court) granted a motion by Apple to ... Read More

Our annual benchmarking exercise - covering a diverse range of subjects including corporate IP management strategy, monetisation, litigation, patent office performance and policy - closes this Thursday at midnight GMT ... Read More

The Supreme Court has issued a decision in which it stated that trademark use constitutes products that were never displayed in Taiwan but were ordered from there. The method of sales in the case at hand, in which the vendor entrusted a third-party manufacturer in a third country to export products directly to the purc ... Read More

Preparing a trademark application for registration in the United States requires that care and attention to be paid to a number of different factors. Of the numerous elements that go into the application, certain routine aspects may be easy to pass over without discussion. However, one such inconsequential detail can doom ... Read More

Preparing a trademark application for registration in the United States requires that care and attention be paid to a number of different factors. Of the numerous elements that go into the application, certain routine aspects may be easy to pass over without discussion. However, one such inconsequential detail can doom a ... Read More

Nutrition Sciences N.V. v. Noba B.V., District Court The Hague, The Netherlands, 10 April 2019, Case no. ECLI:NL:RBDHA:2019:3424 Nutrition is active in the field of ingredients for live stock feed and alleges that Noba infringes on the Dutch part of its EP 1 294 371 B2 relating to “medium chain fatty ... Read More