Patents

Under Dir. Iancu, the USPTO has taken a seemingly broader view of eligibility than the Supreme Court, albeit much narrower than before Bilski, Alice, and Mayo. In January 2019, the PTO published a set of Patent Eligibility Guidance (2019 PEG).  On October 17, 2019, the PTO released a new set ... Read More

While I agree with Politico.eu's question of whether it's a good idea for one EU commissioner to be put in charge of both digital innovation and antitrust enforcement, and have previously criticized the de facto merger of two other directorate-generals of the European Commission, I sharply disagree with the suggestion ... Read More

If you have a trademark deadline coming up in the next two weeks, I’d advise that you plan ahead just a bit to ensure that you have enough time to make it through the new USPTO security. The new system will require two-step authentication both for TEAS and TEASi (international ... Read More

Donald Dunner passed away this week at 88. He was a dean of the patent bar, excellent attorney, and a good friend to many of us. I personally learned a tremendous amount from Don – both in our private conversations and in watching his craft.  Patent law mainstay Hal Wegner ... Read More

The UK Supreme Court next week will be the first top court in any jurisdiction to consider the enforcement of SEPs subject to a global FRAND licensing undertaking. SEP holders and licensees will be watching closely ... Read More

A bid to retain the innovation patent system was defeated, but legislators agreed to a six-month extension of its phaseout and instructed the government to study SME patent issues ... Read More

As you can see, “Justice” is down; “Property” is up; and “Rights” are soaring; “Equity” never had a chance. ... Read More

Juve Patent wrote last month that the patent reform bill the German government is currently drafting "will likely disappoint many experts and not include the major changes to the automatic injunction that have been called for by the German automotive and telecommunications industries." I don't think one can know for ... Read More

The number of grants also drops while UK sees worrying fall in applications; but study has good news for EPO President Campinos ... Read More

Regional Court Düsseldorf (docket no. 4c O 22/19) and Higher Regional Court Düsseldorf (docket no. I-2 U 28/19) The Higher Regional Court Düsseldorf recently confirmed on appeal that Teva Pharmaceutical Industries Ltd. (“Teva”) is entitled to a preliminary injunction (“PI”) against Mylan dura GmbH (“Mylan”) in Germany. This PI relates ... Read More

Bart van WezenbeekBayer was not granted an injunction in preliminary proceedings because the Court found that there was a serious chance that Bayer’s patent would be held invalid. The fact that the patent had survived opposition before the EPO was of no influence since new, closer prior art had subsequently ... Read More

Autonomous driving technology promises to disrupt and transform the automotive space as we know it, spurring a race between giants for the biggest breakthrough in human transportation since the airplane. This technology landscape is now two-pronged, with software and communications companies working on vehicles and automobile companies working on complex ... Read More

Companies that are consistently innovative over a period of time do not tend to rely on one or two brilliant individuals – they consciously foster a culture of transformation that allows employees to harness their creativity and contribute to cutting-edge products. True innovation – whether it is in a start-up ... Read More

Chinese internet giant faces NPE litigation in the US and upstart Chinese rivals that are getting smart on patents ... Read More

by Dennis Crouch Campbell Soup Co. v. Gamon Plus, Inc. (Fed. Cir. 2019) (Campbell Soup II) (non-precedential). This is the second appellate decision this month involving these two parties and Gamon’s  patented rack for displaying and dispensing cans. As in Campbell Soup I, this decision stems from an IPR challenge filed ... Read More

by Dennis Crouch It makes sense that the government cannot use Copyright to keep the law out of the hands of the general public. The Government Edicts Doctrine takes care of this for statutes and precedential judicial opinions.  The question before the Supreme Court now asks how far that doctrine ... Read More

In India, the process of patent examination is of deferred kind. It is mandatory to file a Request for Examination (RFE) for a patent application to get examined. Only post RFE, the patent examiner examines the patent application and prepares the First Examination Report (FER) of the patent application. The ... Read More

Data shows both pre- and post-institution agreements at highest levels since 2014 and comes against backdrop of dramatic fall in new IPR filings ... Read More

Brian Corderyby Kate O’Sullivan On 9 October 2019, the Court of Appeal dismissed an appeal against the finding that a patent directed towards ceramic compounds was sufficient and allowed two procedural appeals on issues of liability. Anan Kasei and Rhodia (“Rhodia”) are respectively the proprietor and exclusive licensee of ... Read More

Teva Pharmaceutical Industries Ltd., and Teva Denmark A/S (“Teva”) v. Mylan AB (“Mylan”), the Danish Maritime and Commercial High Court, Case number BS-38788/2018-SHR, 15 March 2019 The case concerns infringement of the patents DK/EP 2 949 335, DK/EP 2 630 962 and DK/EP 3 199 172, which are owned by ... Read More

Pharma patent litigation settlements involving the transfer of “anything of value” to the generic are now presumed anti-competitive under Golden State law ... Read More

In this week’s Patent News – NUALS calls for papers on IP, The State Council of Science, Technology & Environment, Meghalaya, organizes training program on Intellectual Property Rights, Huawei sued for patent infringement by SolarEdge, yet another time, SharkNinja files patent infringement lawsuit against Tristar Products, Blackbird Technologies settles design ... Read More

Court of Appeals of Barcelona, 29 May 2019, Docket No. 1686/2018 On 29 May 2019, the Court of Appeals of Barcelona handed down a pioneering patent ruling in Spain, according to which, in interpretation of Article 42 of the Spanish Code of Civil Procedure, the national judge has the faculty ... Read More

Samsung, Sony and Google are among the companies who are shifting smartphone production from China to Southeast Asia ... Read More

Thorsten BauschA range of values limited only in one direction can be sufficiently disclosed if the invention is not limited to a certain range, but includes a generalizable teaching which goes beyond that and enables the person skilled in the art for the first time to search for further possibilities ... Read More

Licensing specialists are understood to have been most affected in a round of departures which come a year after the company joined LOT Network and OIN ... Read More

In the US, we are still celebrating Columbus Day at the Federal Level. So, USPTO and the Courts are closed. (The Law School is still in operation and I’m teaching today.) ... Read More

A recent announcement is the first time that the Finnish company has drawn attention to the release of SEPs and comes after months of stories about Chinese dominance of the technology ... Read More

Mermet v. Chavanoz Industrie, cour d’appel de Lyon, 12 September 2019, Docket № 16/06896 By Pierre Véron, Honorary President, EPLAW On 12 September 2019, the cour d’appel de Lyon (court of appeal) overturned a judgment handed down on 8 September 2016 by the tribunal de grande instance de Lyon ... Read More

Delhi court refuses to extend chairman’s tenure, leaving the body with just one expert on staff and a growing backlog ... Read More