Insights

Arthrex Wins Supreme Cour…

Arthrex Wins Supreme Court Battle but May Still Lose the War

A Pyrrhic victory is a victory that inflicts such a devastating toll on the victor that it’s tantamount to defeat. The phrase originates from a quote from Pyrrhus of Epirus, whose triumph over the Romans in in 279 BCE destroyed most of his army. Ar… Read More
Read More
Categories: Patents
In Patent Cases, What You…

In Patent Cases, What You Say Can Come Back to Haunt You

In a patent infringement action involving a long list of big-name defendants, a plaintiff learned that what you say to the Patent Office during the patent prosecution process can come back to haunt you in court when you try to enforce your patent rig… Read More
Read More
Categories: Patents
How Intellectual Property…

How Intellectual Property Law Can Protect Fashion

Intellectual property law is often thought of as something that protects “practical” things like machines, software, and medicines. But it can also protect elements of fashion. Following is a brief discussion of some of the types of intellectual… Read More
Read More
Categories: Patents
Patent Board Allows an Op…

Patent Board Allows an Open-Ended Numerical Range

The Patent Trial and Appeal Board (PTAB) has reversed a rejection of a patent application for using an open-ended numerical range in a claim. The matter of Ex Parte Qiu (Appeal 2020-001512) involves a patent application for a chemical compound (shown… Read More
Read More
Categories: Patents
Chips

Federal Circuit: Claim Construction Limited When Essential Structure Only in Preamble

The Federal Circuit has ruled that the preamble in a claim in a patent application can be limiting when it supplies “essential structure” and the body of the claim does not define “a structurally complete invention.” SIMO Holdings Inc v Hong… Read More
Read More
Categories: Patents
Deep Dive on Semiconducto…

Deep Dive on Semiconductors Market in China

Semiconductors are crucial components for most electronic equipment. Currently, China lags in this aspect because it does not have a prominent chip maker and depends on semiconductor technology from other countries. For example, in 2020, Qualcomm sup… Read More
Read More
Categories: Patents
Would a vaccine patent wa…

Would a vaccine patent waiver save lives or stifle future development?

As the Washington Post has reported, access to COVID-19 vaccines is highly unequal around the world: The Washington Post found that 45 percent of all vaccine doses administered so far have gone to just 16 percent of the world’s population in what t… Read More
Read More
Categories: Patents
What is Likely to Drive C…

What is Likely to Drive Chinese Patent Filings in the Coming Years?

Chinese companies have filed the most number of patents in 2020 at the European Patent Office. Pharmaceuticals and biotechnology patents had the biggest jump in filings last year, which is unsurprising given the global health concern brought on by th… Read More
Read More
Categories: Patents
Federal Circuit Rules tha…

Federal Circuit Rules that Flower-Arranging Method is Abstract

The Federal Circuit has ruled that a method for creating a floral arrangement on an electronic display screen is abstract and thus not eligible for patent protection. The case of In re Sturgeon involved an appeal from the US Patent and Trademark Offi… Read More
Read More
Categories: Patents
Small patent filing mista…

Small patent filing mistakes can have a decisive impact on high-stakes disputes

At first glance, a translation error in a patent may seem to be of little consequence, but a small such mistake in a patent owned by IBSA Institute Biochimique (IBSA) cost the company a lot to litigate. IBSA filed a petition for writ of certiorari in… Read More
Read More
Categories: Patents