Rainmaking Mistakes Continued: If You’re ‘Too Busy to Market,’ You’re Dead Weight
IPWatchdog.com | Patents & Patent Law
by Gene Quinn
8h ago
Attorneys who believe they are too busy to spend time marketing themselves are always going to be career limited, and if they are given too much authority within the firm structure, they will ultimately destroy the firm. Attorneys who do not market themselves have a job because rainmakers bring in the work for them to do. But work dries up for a variety of reasons, sometimes because the rainmaker moves on to another firm that better appreciates their contribution, because of an economic downturn, or because another lawyer or firm has stolen away your clients. Whatever the reason, when work dri ..read more
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Understanding the 2024 Amendment to India’s Patents Rules in Light of U.S. Patent Rules
IPWatchdog.com | Patents & Patent Law
by Dr. Astha Agarwal
13h ago
The Indian Ministry of Commerce and Industry, which administers the Department for Promotion of Industry & Internal Trade, published changes to its 2003 Patent Rules in its Official Gazette on March 15, 2024. These rules are known as the 2024 Patent (Amendment) Rules (hereinafter “Amendment”). This article analyzes key provisions of the Amendment in light of U.S. patent rules and practices ..read more
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CAFC: Jury Instructions Must Address Each Objective Indicia of Nonobviousness Raised by Patent Owner
IPWatchdog.com | Patents & Patent Law
by Steve Brachmann
1d ago
On March 27, the U.S. Court of Appeals for the Federal Circuit issued a precedential ruling in Inline Plastics Corp. v. Lacerta Group, LLC, on appeal from the District of Massachusetts. Judge Richard Taranto authored the opinion and held that an improper jury instruction given at trial by the district court required vacatur of the court’s final judgment that Inline’s patent claims were invalid for obviousness. The Federal Circuit remanded that portion of the case for a new trial so that the jury can properly consider each objective indicia of nonobviousness raised by Inline at trial ..read more
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Victory for Virtek Patent as CAFC Schools PTAB on Proper Motivation to Combine Analysis
IPWatchdog.com | Patents & Patent Law
by Eileen McDermott
1d ago
In a precedential decision authored by Chief Judge Moore, the U.S. Court of Appeals for the Federal Circuit (CAFC) on Wednesday partially reversed a Patent Trial and Appeal Board (PTAB) ruling that certain claims of Virtek Vision International’s patent on a method for aligning a laser projector were unpatentable, finding the Board erred as a matter of law in its analysis. The court also affirmed the PTAB’s finding that other claims were not proven unpatentable. Aligned Vision challenged various claims of Virtek’s U.S. Patent No. 10,052,734, which is titled “Laser Projector with Flash Alignment ..read more
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Consumers Target Apple Following DOJ Antitrust Suit
IPWatchdog.com | Patents & Patent Law
by Eileen McDermott
1d ago
A number of individual consumers have filed suit against Apple, Inc. in California and New Jersey courts, piggybacking on the U.S. Department of Justice’s (DOJ’s) March 21 complaint accusing Apple of “broad-based, exclusionary conduct” amounting to monopolization of the smartphone market. The DOJ’s sweeping complaint included a number of U.S. states as plaintiffs and charged Apple with “thwart[ing] innovation” and throttle[ing] competitive alternatives via its practices around the iPhone platform ..read more
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Second Circuit Okays Hard Seltzer Sales in Blow to Modelo
IPWatchdog.com | Patents & Patent Law
by Eileen McDermott
2d ago
The U.S. Court of Appeals for the Second Circuit on Monday, March 25, affirmed a district court’s denial of summary judgment to beer company Modelo, owned by AB InBev, which alleged that sublicensee, Constellation Brands, had violated the terms of a licensing agreement to sell Modelo beer products in the United States. Modelo argued that Constellation violated the sublicense, which defined “Beer” as “beer, ale, porter, stout, malt beverages, and any other versions or combinations of the foregoing, including non-alcoholic versions of any of the foregoing,” by selling hard seltzer products under ..read more
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Massive Replication of Comments Submitted to NIST March-In Rights RFI Should Cause Concern
IPWatchdog.com | Patents & Patent Law
by Kelly L. Morron
2d ago
I have been critical of certain National Institute of Standards and Technology (NIST) proposals to alter the regulations related to the Bayh-Dole Act, in 2021 (Notice of Proposed Rulemaking, NPR), and specifically, the NIST “Framework” published for comments in December, 2023.  My Comments submitted in February addressed numerous legal infirmities, ranging from construction analysis to demonstrated ambiguity problems of the Request for Information/Comments (RFI) itself.  ..read more
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Patently Strategic Podcast: Patents and AI
IPWatchdog.com | Patents & Patent Law
by Josh Sloat
3d ago
For decades, conventional wisdom had most of us believing that automation and the inevitable rise of the machines would upend blue-collar industries first. But then AI had something to say about all of that. From passing medical licensing exams to writing code to even acing the Uniform Bar Examination, AI has become society’s latest (and perhaps most capable!) change agent in the professional workplace. At an astonishing pace, it’s erasing all assumptions as to what industries will be most impacted. With the most recent advancements centering around the understanding and generation of text and ..read more
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Lourie Dissents from CAFC View that Heart Valve Transport was Not Infringing
IPWatchdog.com | Patents & Patent Law
by Eileen McDermott
3d ago
The U.S. Court of Appeals for the Federal Circuit (CAFC) today held in a precedential split decision authored by Judge Stoll that the safe harbor provision of 35 U.S.C.§ 271(e)(1) applied to Meril Life Sciences’ importation of two demonstration samples of its transcatheter heart valves to a medical conference. Judge Lourie dissented, explaining that both the district court and the Federal Circuit have erred in interpreting the statute, specifically by failing to adequately consider the word “solely,” under which interpretation it could be reasonably held that Meril “at least partially” importe ..read more
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Biden’s Patent Proposal Carries Devastating Costs, No Real Benefits
IPWatchdog.com | Patents & Patent Law
by Chris Israel
3d ago
It's rare that a federal policy inspires fierce opposition from both sides of the aisle. But the Biden administration's recent proposal to gut the Bayh-Dole Act is doing exactly that. Bayh-Dole is a pivotal and successful bipartisan law, but Biden's proposal would effectively allow federal agencies to tear up patent licensing agreements signed between federally funded universities and private businesses. The economic consequences would be dire. Individuals from across the political spectrum, including former Obama administration officials, have warned the proposal would threaten America's ..read more
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