Afzana A.

In a major #federalcircuit decision yesterday, the obviousness standard for #design #patents was changed. Nonobviousness in design patents will now be determined by the Graham v. John Deere Co. factor test, consistent with utility patents. This aligns design patent law with the ordinary observer test and brings greater predictability to this critical area of IP. The key factors for determining nonobviousness laid out in Graham v. John Deere are: 1) Scope and content of the prior art 2) Differences between the claimed invention and prior art 3) Level of ordinary skill in the art 4) Secondary considerations (Graham factors) like commercial success, long-felt need, failure of others, unexpected results

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In this week's The Patent Lawer newsletter 📢 Relentless pursuit of victory: BMW Group prevails in Arigna patent litigation saga. BMW Group prevailed in its long-running battle against Arigna Technology Ltd. While Arigna’s efforts spanned years and multiple venues — BMW Group’s multi-faceted legal strategy and refusal to settle ultimately forced Arigna to fold. Read the full news article here 👉 https://lnkd.in/eJnM-rEp Written by Lionel Lavenue, Partner, Michael McLaughlin, Associate, Matthew Berntsen, Of Counsel, Ben Saidman, Partner, Wyatt Bazrod, Associate, Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. Subscribe to our newsletter to stay up-to-date with all the most pertinent patent stories and news here https://lnkd.in/eNFGimuS Want to write for The Patent Lawyer newsletter? Email [email protected]   #patent #lawyer #news #BMW #arigna #patentlitigation #IPR #IPlaw

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As a Quantum Expert Witness, our Director, Scott Coulton, gets instructed to give an opinion on quantum matters in disputes, his opinion has been considered by adjudicators to be one that is experienced, well-considered and explained, and one that exhibits the required knowledge to provide an expert opinion on quantum matters in dispute. When instructed to act as a Quantum Expert Witness in construction disputes, Scott's role is to use his specialised knowledge and experience to look at the facts objectively, drill down into the relevant documents and records, and find out what actually happened in disputes that involve such things as loss and/or expense, prolongation, final account valuation, variation accounts, and contract valuation rules. It's not just reciting facts though - Scott gets to give his expert opinion based on his 20 years of experience as a quantity surveyor. As a Quantum Expert Witness, Scott aims to bring a comprehensive and reliable opinion of quantum-related matters to the table, which is impartial and backed up by hard evidence. No cutting corners or saying what the client wants to hear. His duty is to provide the adjudicator with an objective and unbiased opinion. The submitted report(s) is just the tip of the iceberg. The real work is spending time poring over documents and contemporaneous records, analysing the facts and building a watertight report that is clear and precise. Scott helps disputes get resolved properly based on the facts and evidence. If this sounds like the type of support you need, just get in touch by LinkedIn message or through Nexus Consult's website https://lnkd.in/e9mf8sye  #Nexus Consult #Legal #ConstructionIndustry #ConstructionLaw #QS 

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Unlocking success: Why Innovation Matters for SMEs in the UK. Join us for our webinar tomorrow where we will hear from the President of the Chartered Institute of Patent Attorneys-Matthew Dixon about the state of innovation in the U.K. -How important innovation is for SMEs in the U.K.? -Whether you can truly innovate on Zoom? (or need to be face to face)? -What qualifies as a patentable invention? -What support is there for innovation? -How patent attorneys can help innovative SMEs? -AI and IP and the implications for patents? -What`s all the fuss about trade secrets? -How to make a good R&D tax credit application? -The advantages of Patent Box for SMEs? Innovation Matters Webinar 24th April 2024 at 2pm https://lnkd.in/e3EMSXrD #innovation #patents #intellectualproperty #CIOT #IPstrategy #IPsupport #researchanddevelopment John Pryor Matthew Dixon The Chartered Institute of Patent Attorneys Claritas Tax ACCA Innovate UK The Law Society

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https://lnkd.in/eA59t5sH The UK Court of Appeal's decision in 'Comptroller - General of Patents, Designs and Trade Marks - and - Emotional Perception AI Limited' has been released. I haven't fully digested this yet but long story short, in a unanimous decision, the Appeal has been upheld and the application is found to be excluded from patentability. The key part is paragraph 79 of the decision, which summarises the reasoning and also suggest a level of conformance between the UK and EPO approaches. "79. In my judgment the Hearing Officer's conclusion is the right one. What makes the recommended file worth recommending are its semantic qualities. This is a matter of aesthetics or, in the language used by the Hearing Officer, they are subjective and cognitive in nature. They are not technical and do not turn this into a system which produces a technical effect outside the excluded subject matter. I note that the same view was expressed by the Technical Board of Appeal of the EPO in Yahoo T 0306/10, at paragraph 5.2 in holding whether song recommendations are "good" or "bad" does not amount to a technical effect. EPL make the point that this case was concerned with inventive step but that is only an artefact of the difference in the way the EPO approaches patentability from the manner in which it is approached in this jurisdiction. It does not undermine the relevance of the Board's observation." #AI #patent #intellectualproperty

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Really interesting discussion at WIPR - World IP Review’s Technology Patent Network conference in San Francisco about licensing video standard essential patents. A lot of SEP discussion focuses on telecoms patents, but there’s a huge amount of innovation and IP related to video codecs which are often overshadowed by telecoms discussion. #patents #SEPs #video

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#Onlinemarketplaces, but #AI? With the #UK Product Regulation & Metrology Bill https://lnkd.in/ekrNAkNB  the Devil will be in the Delegated legislation... but product requirements can be imposed on those controlling access to online marketplaces (not just manufacturers, importers, retailers, distributors etc.). It's not the EU #DSA or the #UK #onlinesafetyact #OSA, but online marketplaces will be increasingly regulated in the UK under this Bill too. However, “online marketplace” is VERY broadly defined: website, mobile app or any other platform by means of which information is made available over the internet, in each case “which facilitates the marketing of products in the United Kingdom by that means”. Won’t this catch product manufacturers selling their OWN products via their own websites/apps? The explanatory notes https://lnkd.in/ehXN7fBa refer to “online marketplaces (which are online platforms that connect third-party sellers to consumers for distance sale and purchasing of products)”, and the King’s Speech background PDF https://lnkd.in/euHim39j also suggests that the key concern is “unscrupulous overseas suppliers”. Yet, there’s NO “third-party seller” qualification in the Bill’s definition. Was that omission intentional? In any case, regulations can change the “online marketplace” definition, so let’s hope this issue is clarified there, if not in the Bill as it progresses. The PDF also mentioned one goal of this Bill: “responding to new product risks and opportunities to enable the UK to keep pace with technological advances, such as AI… Without these powers, we will not be able to effectively regulate these high-risk products and protect consumers and workers.” While the Bill itself doesn’t mention #AI, again watch out for Regulations that could cover it. The focus is mainly on product safety (especially of physical products, including AI-enabled/powered ones), but it’s not impossible that rules on “high-risk” products could be extended to #software / #SaaS too. So, the Regs will be more important than the Bill here! Lots to keep monitoring for… #productsafety #safety #artificialintelligence

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A career in IP can be a varied and interesting vocation, and it can be a career pathway built from the ground up. In fact, as Albright IP’s patent paralegal Louisa M. explains, the journey into IP can be both successful and rewarding, even if you started down a completely different route.

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When working on patent applications relating to semiconductors, we tend to get so deep into the detail of the technology that it is easy to lose all appreciation of the semiconductor industry landscape. So this UK Parliament Briefing Note is a good resource for understanding both the worldwide industry and the part the UK plays within it. Here are a few points that I took from it: ·      Semiconductor chip production is global, with different places specializing in different parts of the process. This creates major interdependencies and vulnerabilities. It is very difficult for any one country to establish the full supply chain. ·      The UK’s significant part in the semiconductor production process is mainly in R&D, design, IP and compound semiconductors. Although there is a small amount of semiconductor manufacturing in the UK, none of it produces the most advanced semiconductor chips. ·      The UK Government’s policy is to support the R&D, design, IP and compound semiconductor areas that the UK is expert at, and which is the high value part of the supply chain, and not the relatively low margin large-scale silicon manufacturing that is done in Taiwan, Korea, Japan & China. ·      It is unrealistic to think that the UK could establish the whole supply chain in the UK to become self-sufficient in chips. ·      The UK semiconductor industry needs more STEM students to enter the workplace. https://lnkd.in/es8zBbit

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Lots of events happening to celebrate 1 year of the UPC and to discuss the first substantive decision of the UPC Court of Appeal (10x Genomics vs Nanostring). Difficult to rival this one though - a talk by Professor Peter Meier-Beck, chaired by Professor Sir Robin Jacob. With Lord Hoffman and Lord Arnold taking the time to be in the audience, the discussion didn’t disappoint. It was a dive into the new court’s approach to claim construction and the assessment of inventive step, which contrasts with the EPO approach on both points. And there is an apparent willingness to consider validity afresh, even without new documents. Particularly interesting to think about the chances of success in getting a preliminary injunction before the new court with a weak patent - another fresh approach? Professor Sir Robin Jacob wondered if this might signal a return to the pre-American Cyanamid approach.

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Partner Susi Fish is attending the fourth annual IPWatchdog LIVE conference which will be held on 29 September -1 October. Susi will be speaking on the panel 'patent strategies for an international patent portfolio' on 30th September, 11:30 ET. Find out more here: https://lnkd.in/eZnS6Pgd #IPlaw #IPconference #patentlaw

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#KingsSpeech includes #ProductSafety and Metrology Bill to govern #postBrexit relationship with #EUProductLaw and #tech issues including #batteryfires. See page 38 of the Briefing. https://lnkd.in/efQAiAV6

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Data visualisations based on the court’s activity from June to August reveal that the use of English is growing, German divisions are dominating, and appeals are creeping up. The Unified Patent Court (UPC) has gained momentum since its launch on June 1, 2023, with steady month-on-month growth in case numbers and actions. Read the full story here: https://ow.ly/fhUl50TmxLc #UPCmomentum #AppealsTrend

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Apparently the UK is officially out of recession, but it seems that funding for, and investment in, innovation is still a bit sluggish. So, in our latest blog, we explore the ways in which intellectual property rights can help to secure funding or investment. https://lnkd.in/eDCxFTMu #intellectualpropertyrights #protectyourbusiness #funding

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The IP Federation 2023 review is now available. It examines the pressing intellectual property issues that are relevant to UK Industry. Read the full issue online at: https://lnkd.in/e-9dEd8R The IP Federation President, Danny Keenan says in his foreword: "The fourth industrial revolution has been heralded for the past decade but, at least for me, 2023 was the year it materialised, and intellectual property was at the heart of it. "The most striking indication of a revolution was the rapid democratisation of generative AI tools that produce impressive (although not perfect) results. Within the blink of an eye, these tools have become everyday collaborators to many. As a result, much interest and debate has been stirred in the media and around the kitchen table, a good deal of it focussed on IP: People in my social and family life who have never shown an interest in IP before have recently been asking me about copyright – I like the attention! "In addition to the interaction of copyright and AI, the apparent step change in availability of effective AI tools has raised questions for other areas of IP. For several years the main issue around AI and IP seemed to be the rather academic question of whether AI could be an inventor within the framework of the patent system. Suddenly, the ability to generate a plethora of disclosures at the push of a button raises more existential questions for a range IP rights. These recent developments have only served to bolster my appreciation of the tremendous worth of being a member of the IP Federation. The reader will appreciate from the range of insightful articles in this review, the depth and diversity of expertise of the Federation’s many members and advisors. Having access to this resource is invaluable when facing the challenges and opportunities for IP that lay ahead. "The IP Federation has a track record of spotting issues at an early stage and providing policy makers and other stakeholders with balanced and sound advice. A shining example of this is the vital role of the IP Federation in ensuring that the UK acceded to the CPTPP on terms that maintain the UK’s membership of the EPC. An outcome that was so important for many innovative companies. So, it is with great pleasure and a sense of humility that I have had the opportunity to pen the introduction for this, the IP Federation’s annual review. "The reader will find within its pages a reflection of only a fraction vast amount of work conducted by the Federation in seeking to improve the global IP system. Many people have contributed to this review and many more to the work of the Federation. I thank them all for their valued (and often unsung) work. I would particularly like to thank my two vice-presidents – Matthew Hitching and Adrian Howes – for their help in driving the Federation forward and our secretariat – David England and Helen Georghiou – who keep the Federation running." #IPFederationReview2023 #IP #intellectualproperty

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If the EPO considers that a patent application lacks unity (i.e., that the claims are considered to relate to more than one invention), then the EPO may in the first instance issue a partial search report. Lucy Barnes and Kapil Tuladhar presented this webinar on 17 September which discusses the EPO’s general approach to unity, and the options available if a disunity objection is raised by the EPO. They also consider practical and strategic considerations, including best practices to avoid a disunity objection, and to ensure that the most important subject matter is searched by the EPO.

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💥 “Avanci’s patent ‘platform’ is no different from a traditional patent pool—only this one’s rigged to benefit its largest members at the expense of small businesses.” 💥 Recent admissions from a UK court hearing have revealed the shocking truth about Avanci’s anticompetitive practices in SEP licensing. 🚨 From inflated royalty rates to coordinated litigation campaigns, Avanci’s structure is designed to stifle competition and innovation. If you’re in the business of connecting devices, this impacts YOU. Learn how these unfair practices could be affecting your bottom line—and what regulatory action is needed to level the playing field: https://loom.ly/OjJmdt0 #Innovation #Competition #SEPlicensing #IoT #5G #SmallBizTech #TechPolicy #

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