patent

US Supreme Court

rules laches is no defense

in patent lawsuit

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By Jere Keys http://www.flickr.com/photos/tyreseus/ – http://www.flickr.com/photos/tyreseus/507218014/, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=16187887

The US Supreme Court has vacated a Federal Circuit decision and ruled that laches cannot be invoked as a defense against a claim for patent damages when the case was brought within the six-year limitation period of 35 U.S.C. 286.

The case of SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods. involved rival sellers of adult incontinence products.

In 2013, SCA sent a letter to First Quality alleging that it was making and selling products that infringed SCA’s patent rights.

First Quality responded that one of its own patents antedated the SCA patent at issue and thus that the SCA patent was invalid.

SCA seemingly dropped the subject and First Quality proceeded to further develop and market its adult diaper products.

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Federal Circuit:

Scanner patent claims should be

Narrowly construed

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By Creative Tools from Halmdstad, Sweden – CreativeTools.se – VIUscan – Laser-scanned – ZPrinter – 3D printed – Viking Belt Buckle 24, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=12419129

The Federal Circuit has upheld a decision of the Patent Trial and Appeal Board (PTAB), on Inter Partes Review, that the claims of a patent owned by MPHJ Technology Investments were anticipated or obvious in light of prior art.

The case of MPHJ Tech. Invs. v. Ricoh Ams. Corp. (Fed. Cir. Feb. 13, 2017) involves a patent for a “Distributed Computer Architecture and Process for Document Management.”

The patent application describes a system and method that

extends the notion of copying from a process that involves paper going through a conventional copier device, to a process that involves paper being scanned from a device at one location and copied to a device at another location.

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By David Shankbone – Own work, CC BY 3.0, https://commons.wikimedia.org/w/index.php?curid=17379884

The US Patent and Trademark Office (USPTO) has recently updated its draft examination guide and listed types of marks that are considered “informational” and otherwise not eligible for trademark protection.

According to the USPTO,

The set of wording held as merely informational by case law is growing. Marks that include this wording must be refused because they do not identify the source of the goods or services.

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Important Patent Law Decisions from 2016

by AEON Law on January 26, 2017

2016:

what were the most important

patent law cases?

image
https://pixabay.com/en/fireworks-2016-new-year-s-eve-1102887/
CC0 Public Domain

2016 wasn’t especially momentous when it came to patent law decisions.

It pales in comparison to 2014, for example, in which the case of Alice Corp. v. CLS Bank International was decided by the US Supreme Court — calling into question the viability of thousands of software-related patents.

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Federal Circuit

reverses district court on

indefiniteness

image

The Federal Circuit has reversed a district court’s ruling that a patent’s claims were indefinite and thus that the patent was invalid.

Sonix Tech. Co., Ltd. v. Publ’ns Int’l, Ltd. is a case involving Sonix’s patent for a system and method for using a “graphical indicator” (e.g., a matrix of small dots) to encode information on the surface of an object.

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Patent Law and Artificial Intelligence

Patented robots — but what do we do about patents BY robots? By Alejandro Zorrilal Cruz – http://lifeboat.com/images/artificial.intelligence.jpg, Public Domain, https://commons.wikimedia.org/w/index.php?curid=5594936 The intersection of patent law and artificial intelligence raises all sorts of interesting philosophical and practical questions. First of all, what do we mean by "artificial intelligence"?

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You May Now Legally Hack Your Car

Hacking your auto is no longer illegal; should you do it, though….? By Alexandre Dulaunoy from Les Bulles, Chiny, Belgium – Everybody needs a hacker, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=49393028 You’re now free to hack some of the computers on your car — for a limited time only. Of course, most people don’t have the expertise […]

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Protecting Your Patents around the Globe

  Protect your patents: a single application may be the best choice source:  http://www.publicdomainpictures.net/view-image.php?image=101725&picture=globe If you have an invention that will be sold and used around the world, you should strongly consider protecting your patent rights all around the globe. Unfortunately, there’s no such thing as “one-stop shopping” when it comes to patent protection. You’ll […]

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Why Women Should Be Getting More Patents

Patent gender gap — what can we do to close it — and why it matters Inventor and patent-holder Hedy Lamarr. By Employee(s) of MGM – source, Public Domain, https://commons.wikimedia.org/w/index.php?curid=44898216 We previously blogged about the serious gender gap in patent ownership.  A 2012 working paper prepared for the National Bureau of Economic Research showed that […]

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Supreme Court Rules for Samsung in Apple Design Patent Case

US Supreme Court: Samsung May Not Have to Pay As Much to Apple By Google – Android, CC BY 2.5, https://commons.wikimedia.org/w/index.php?curid=46396472 The US Supreme Court has ruled that Samsung may not have to pay $399 million to Apple for copying the patented design of Apple phones. Apple had sued because Samsung copied certain design elements […]

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