Podcast: The Briefing by the IP Law Blog - An Idea Doesn’t Have to be Novel to be Stolen (In California)
The Briefing by the IP Law Blog: An Idea Doesn't Have to be Novel to be Stolen (In California)
Design patents protect the ornamental appearance of an article. The protection granted by a design patent is primarily indicated by illustrations. Since the first grant in 1842, the United States Patent and Trademark Office...more
A patent does not give the owner the right to do anything. Rather, it gives the patent owner the right to exclude others from making, using, selling, offering to sell, and/or importing the claimed invention, which most...more
In patent examination, the examiner will cite a prior art document in order to determine whether or not an invention or utility model is novel and inventive. The applicants challenge the implementability of the cited prior...more
If you’ve ever applied for a utility patent before, you’re probably familiar with the three primary considerations that dictate whether you can obtain a patent or not: usefulness, novelty, and non-obviousness. With only three...more
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case. ...more
Clinical drug candidates are often claimed in a patent as a pharmaceutical composition or formulation with a specified concentration range of the drug or an excipient; as being purified within certain temperature or pH...more
This article follows our introduction to the alternative protein industry and the legal considerations for companies and investors operating within it. The focus of this article is on the regulation of insects as food and...more
Update: Wyeth’s appeal was discontinued. On April 30, 2021, the Federal Court issued its decision relating to the validity of three patents relating to Pfizer’s PREVNAR 13, a 13-valent pneumococcal polysaccharide protein...more
In Biogen MA, Inc. v. EMD Serono, Inc., the Court of Appeals for the Federal Circuit has reconfirmed, and to an extent clarified, that an existing product and known method of treatment using that product are not patentable...more
Congratulations! Your team has made a critical discovery based on its analysis of your company’s clinical data. You want to file a patent application so that your company can secure patent rights for that discovery. Simple,...more
Patent eligibility is a bit of a mess these days. Ever since the Supreme Court handed down the Alice v. CLS Bank decision six years ago, the distinction between what might be subject matter that can be patented and what is...more
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
The legal meaning of the transition language “consisting essentially of” is well-established in Federal Circuit case law and is generally construed to mean that the composition or formulation (a) necessarily includes the...more
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
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
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
On April 17, 2019, Senators Tillis (R-NC) and Coons (D-DE), along with a bipartisan group of three members of the House of Representatives, announced the release of a framework on Section 101 patent reform. Senators Tillis...more
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
“Just because you came up with something doesn’t mean somebody else can’t come up with it, too. Don’t hate the player, hate the game.” Juror 12 makes his case: It isn’t fair to protect the Plaintiff’s claimed intellectual...more
IN THIS ISSUE: -Abbott/Takeda permitted to plead that a third party’s patent would be infringed by alleged non-infringing alternative - PMPRB News: **PMPRB issues a Notice of Hearing for allegations of excessive...more
General introduction - In the European Union (EU) plant variety protection – sometimes referred to as Plant Breeder’s Rights or PBRs - is provided by the Community Plant Variety Office (“CPVO”). The CPVO is “a...more
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
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
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