Patent Litigation | Intellepedia

Alice vs. CLS saga

The Alice vs. CLS case significantly influenced the landscape of software patent protection in the US, particularly for financial technologies. It raised critical questions about the patentability of abstract ideas and has shifted industry standards and legal strategies.

Prosecution History E’stop’pel!

This post discusses prosecution history estoppel and its influence on the doctrine of equivalents, using the Felix v. Honda case to highlight key legal implications. It underscores the necessity for precise claim amendments during patent prosecution to avoid unintended limitations on enforcement rights.

Salient Features of the US Patent Reform Act 2011

The US Patent Reform Act 2011 brings major changes to US patent law, notably shifting to a first-inventor-to-file system and revising patent challenge procedures. It addresses business method patents, fee-setting, and litigation aspects, with important implications for inventors and enterprises.

Delhi HC Interprets the Timeline for Pre-Grant Representation of a Patent

The Delhi High Court clarifies the timeline for pre-grant opposition under the Patents Act, distinguishing the rights of any person and a person interested. The judgment highlights legislative intent and the need for vigilance in patent opposition procedures.

Revised Draft Guidelines for Examination of Patent Applications in the Pharma Industry

The revised draft guidelines for examining pharmaceutical patent applications in India aim to standardize practices and clarify legal provisions, particularly section 3(d). These guidelines reflect stakeholder input and are designed to address the complexities unique to the pharmaceutical sector.

Final Rules For Administrative Trials Published

The USPTO has published final rules for administrative trials under the America Invents Act. These rules detail the procedures for inter partes review, post-grant review, and business method patent review, aiming to streamline patent challenges and enhance system efficiency.

Patent Trolling : Can’t Live With, Can’t Live Without!

This article analyses patent trolling with a focus on the RIM v. NTP case and the difficulties innovators face in patent litigation. It highlights how procedural gaps between courts and patent offices enable trolls to exploit the patent system.

Patent Suit over Viagra

Pfizer has sued Watson Laboratories to delay generic Viagra, leveraging the Hatch-Waxman Act and its patents. This case examines Pfizer’s legal strategy and the implications for generic competition in the pharmaceutical market.

War Over Patent Ownership – Stanford v. Roche

The Stanford v Roche case before the US Supreme Court addresses complex questions of patent ownership under the Bayh-Dole Act. This dispute underscores the ongoing challenges universities face in managing intellectual property developed with federal funding.

Patent Damages: How Much is Too Much?

The Uniloc v Microsoft case has reignited the debate on calculating patent damages, with the US Federal Circuit rejecting the 25 percent rule as a basis for reasonable royalty. This decision is likely to shape future patent infringement litigation both in the US and globally.