patent infringement Archives

Prosecution History Estoppel

Patent prosecution is an iterative process and it is during this process that the applicant often changes the language of their proposed claims. The doctrine of prosecution history estoppel, formerly known as file wrapper estoppel has been defined as an equitable tool for determining the scope of patent claims. This occurs when an inventor amends the patent application by narrowing the claims during the course of patent prosecution to overcome a rejection. It has received a great deal of attention…

November 27, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 2628Views 0Like

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US-ITC versus Clear

The US Court of Appeals for the Federal Circuit recently passed a decision against an order of the United States International Trade Commission (ITC) which sought to block the import of digital data that violated patents. The decision was passed on 10th November this year, in the case of ClearCorrect Operating, LLC, ClearCorrect Pakistan (Private), Ltd., v. International Trade Commission and Align Technology, Inc. Align Technology is a multinational medical device company based out of San Jose, California. Align Technology…

November 18, 2015 BananaIP Reporter Intellectual Property, Patents, Trade Secrets 0Comment 735Views 0Like

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Infringement Analysis of SEPs

Standards are important for the purposes of compatibility and inter operability of components/devices and products. Technical standards mainly decide the interoperability in operation. These standards are mainly defined and set by a competent body such as an SDO (Standards Development Organization), even though there is no universally set standard used to qualify a patent as an essential patent. The process of qualifying and determining a patent as a standard essential patent(SEP) may depend on many factors, such as the type…

November 18, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 1244Views 0Like

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House of Mouse Lands in Legal Trouble

What is it about? InCom Corp, a company that provides educational services, in a patent infringement lawsuit filed on 22nd April, 2015 with the federal court, claims that the Walt Disney Company has snagged three of their patents to track what people do and what they buy at the Walt Disney World. The California-based InCom Corp is seeking a jury trial and wants wide-ranging and unspecified damages. Disney introduced the “Magic Band” back in 2013, despite correspondence from InCom Corp…

November 13, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 657Views 0Like

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Role of a Scientific Advisor/ Expert in Patent litigation

Patent law is one of the most complex legal areas, more specifically a techno-legal area where lay persons, including judges and patent attorneys have a hard time understanding the facts and technologies discussed during patent litigation cases. A scientific advisor or a scientific expert in the specific technology plays a crucial role in educating and presenting intricate technological issues, he/she helps translate complex technology and communicate the legal implications of conclusions into terms the judges and the patent attorneys can…

November 4, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 1477Views 0Like

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Automobile Patents, Infringement and Indian Patent Law – A Presentation by Dr. Kalyan C. Kankanala

This presentation was delivered by Dr. Kalyan C. Kankanala as a part of the course for senior management and IP Officers in the Automobile Industry. The presentation covers: Patent Infringement Basics; Freedom To Operate Analysis for Automotive Sector - Issues and Challenges; Literal Infringement and Doctrine of Equivalence in India; Claim Construction, Analysis and Element Mapping; All Elements Rule; Pith and Substance, Substantial Equivalence; Example of Jack Holder; Example of Flipable Seat;…

October 15, 2015 BananaIP Reporter Patents 0Comment 1092Views 0Like

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TiVo and Patent Infringement

The makers of the famous TiVo DVR systems, TiVo Inc. are taking Samsung to court over the alleged patent infringement of four of their patents. Deja vu? Feels like we’ve heard this story before, haven’t we? Well, TiVo loves the litigation game and has taken several big companies, such as EchoStar/Dish, AT&T, Motorola, Verizon and Cisco, to court for infringing its patents, winning almost a whopping $1.6 billion in damages. So why is TiVo suing Samsung this time? According to…

September 11, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 728Views 0Like

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Misunderstood World of Patents!

This post was first published on 26th August, 2014. The concept of law or the legal system is not new. But when someone says “I work in Intellectual Property Law, as a Patent Advocate,” he is often met with a look of incredulity. The path of Patents is less traveled and it is no surprise that there are several misconceptions regarding Patents in the mind of the layman. Here's unraveling some of the most common myths about Patents. 1. I've got an Idea. I should get…

July 26, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 701Views 0Like

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Mylan settles Patent Litigation with Pfizer

After Teva, Mylan has recently settled its patent litigation with Pfizer. After the settlement, a generic version of the drug is expected to hit the market in 2017, instead of 2020, the year of patent expiry in USA. The early release of the drug is expected to reduce the cost of the drug, benefiting millions of users as it happened in Europe and Canada in 2013/2014. The drug, Sildenafil, expired in Europe in 2013, and was the subject of patent…

April 21, 2015 BananaIP Reporter Intellectual Property, Patents 0Comment 1324Views 0Like

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InterDigital Loses Patent Infringement Suits against Microsoft & ZTE

In a recent patent battle, InterDigital, the patent licensing company, lost its appeal to revive patent infringement suits against Microsoft and ZTE’s phone unit (previously NOKIA). InterDigital had been fighting with Nokia over royalties for over 7 years before Microsoft inherited the fight when it purchased Nokia’s mobile device business. After the ruling, InterDigital’s share price came down by 3.4% to US$ 49.14. InterDigital had filed a lawsuit against Microsoft and ZTE claiming they had infringed on 5 of its mobile phone technology…