News & Analysis as of

Nonobvious Novelty

International Lawyers Network

A Recipe for Patent Protection: Are food products patentable?

In the past several years, the food and beverage space has seen an explosion of innovation—alternative meat products, plant-based dairy and protein alternatives, CBD- and collagen-infused everything, and functional foods and...more

Knobbe Martens

Federal Circuit Review - August 2019

Knobbe Martens on

Mere Potential for Future Appeal Does Not Prevent Triggering Estoppel of Inter Partes Reexamination When Party Fails to Seek Relief in the First Instance - In Virnetx Inc. v. Apple Inc., Appeal Nos. 2017-1591, -1592,...more

White & Case LLP

Global opportunities for Taiwanese companies and investors: US design patents: An increasingly useful option

White & Case LLP on

How design-focused Taiwanese businesses can craft a design patent protection strategy. Aesthetics matter in 2019. Companies are investing more resources to design sleek, modern products that let customers feel they own the...more

White & Case LLP

Design patents: a growing trend in the hardware space

White & Case LLP on

Design patents–why now? We are in 2019. Aesthetics matter. Products that look good sell better. Hardware companies are investing increasing amounts of resources into design teams that create sleek and modern products that...more

Knobbe Martens

Skechers and Eliya Fight Over Shoe Design Patents Again

Knobbe Martens on

Eliya Inc., known for its BERNIE MEV® shoes, filed a declaratory judgment action against Skechers on January 29, 2019 in the U.S. District Court for the Southern District of New York. Skechers had sent a cease and desist...more

Knobbe Martens

Will New PTO Guidance Be The Antidote to Alice In The Medical Device Patenting Process?

Knobbe Martens on

Medical devices are increasingly incorporating software and other computer elements, but software and computer patents are in the middle of a multi-year battle between different worldviews. This battle is destined to trap...more

Knobbe Martens

Nike's Shoe Patents Outrun Puma's Challenge

Knobbe Martens on

On May 3, 2018, Nike filed a lawsuit against Puma in the U.S. District Court for the District of Massachusetts accusing Puma of infringing seven of its utility patents related to footwear. In an earlier post on this blog, we...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market - November 2018: Food for Thought

Earlier this month, the Court of Justice of the European Union held that the taste of a food product cannot be classified as a work protectable by copyright. This decision appears to be in line with U.S. Copyright law,...more

Sunstein LLP

Section 101 Gains a Toehold in IPRs

Sunstein LLP on

Inter partes reviews (IPR) are limited by statute to grounds of invalidity under 35 U.S.C. §§ 102 (novelty requirement) and 103 (nonobviousness requirement) and on the basis of prior art patents or printed publications....more

Knobbe Martens

Even Non-Obvious Patent Claims May Lack Inventive Concepts

Knobbe Martens on

In the recent Two-Way Media v. Comcast decision, the Federal Circuit affirmed a district court’s holding that evidence of non-obviousness was irrelevant to patent eligibility under the Supreme Court’s two-step Alice...more

Knobbe Martens

Patent Eligibility of Computer Implemented Inventions in the US

Knobbe Martens on

At a recent Knobbe Martens and Bugnion SpA Seminar, Vlad Teplitskiy presented on patentable subject matter in the U.S. ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Second Chances for Secondary Considerations - Hiding the "Novelty Ball"

Like Johnny Cash’s famous tune “A Boy Named Sue,” “secondary considerations” of non-obviousness suffer for their name. Courts have historically relegated this 4th Graham factor to a “secondary” status, considering objective...more

12 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide