3,320 results found
McDermott Will & Emery | USA | 28 Sep 2023
Chilly Adventures: Design Patent Prior Art Comparison Applies to Article of Manufacture
Addressing a matter of first impression concerning the scope of prior art relevant to a design patent infringement analysis, the US Court of Appeals…
McDermott Will & Emery | USA | 20 Jul 2023
Hit a Nerve? Obviousness Inquiry Must Address Claims at Issue
The US Court of Appeals for the Federal Circuit vacated and remanded a Patent Trial & Appeal Board non-obviousness decision, finding that the context…
Lee and Li Attorneys at Law | Taiwan | 3 Jul 2023
Are the criteria for determining "novelty" the same as the criteria for determining "fictitious novelty"?
It is generally understood that there are two main differences between novelty and fictitious novelty. A recent decision issued by the Intellectual Property and Commercial Court considered the criteria for determining fictitious novelty, exploring the legislative purpose and foreign legislative examples of the Patent Act.
Studio Legale Previti | Italy | 1 Jun 2023
Intelligenza Artificiale: l’esame e le ricerche di anteriorità dei marchi di impresa
L’IA porterà vantaggi al procedimento di ricerca di anteriorità e all’esame di registrabilità di marchi di Impresa, contribuendo i) a diminuire i…
Grau & Angulo | Spain | 24 Apr 2023
Barcelona court lifts ex parte preliminary injunction over dimethyl fumarate medicinal products
Barcelona Commercial Court No. 4 recently lifted the preliminary injunctions it had previously granted ex parte at the request of Biogen. The injunctions prohibited the launch onto the Spanish market of dimethyl fumarate generic medicinal products. The Court concluded that the patent at stake seemed prima facie invalid due to its lack of inventive step, based on the prior art filed by the......
McDermott Will & Emery | USA | 20 Apr 2023
Overlapping Ranges in Prior Art Put Burden on Patentee to Show Criticality
The US Court of Appeals for the Federal Circuit found that the challenged patents were invalid as anticipated and obvious in a case involving claimed…
McDermott Will & Emery | USA | 20 Apr 2023
If Prior Art Discloses Ingredients and How to Mix Them, the “Cake” Is Anticipated
The US Court of Appeals for the Federal Circuit affirmed that challenged claims were invalid as anticipated based on principles of inherency where…
McDermott Will & Emery | USA | 23 Mar 2023
Prior Art Coherency and Cache Incoherency: “Known-Technique” Rationale for Motivation to Combine
The US Court of Appeals for the Federal Circuit, addressing the issue of whether certain factual and legal conclusions relating to obviousness were…
Westerberg & Partners Advokatbyrå AB | Sweden | 30 Jan 2023
Designer table enjoys protection as work of applied art
Cases concerning infringement of works of applied art have become something of a trend in Sweden. This case, between a high-end furniture designer and a national chain and regarding infringement of a dining table, exemplifies this trend and garnered significant media attention in 2022. The first-instance outcome confirms the current Swedish case law in the area, including the continued......
Lee and Li Attorneys at Law | Taiwan | 23 Jan 2023
What are the most important features of a bicycle? Inconsistent court rulings in design patent infringement case
In a recent design patent infringement case involving electric bicycle and motorcycle designs, the opinions of the first-instance court, the second-instance court and the Supreme Court showed that the court's opinion on which features are considered to be "salient" has a decisive impact on the result of the judgment. This case shows that significant work remains to be done in order to......
