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IP Expert- Federal Circuit Weighs in on Relevance of Primary Reference’s Intended Purpose to a POSITA’s Motivation to Combine
- In Medtronic, Inc., Medtronic Vascular, Inc., v. Teleflex Innovations S.A.R.L.
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IP Expert- Federal Circuit Evaluates Impact of the Final Written Decision (FWD) in a Parallel Inter-Partes Review (IPR) on District Court’s decision of Invalidity and Infringement
- In United Therapeutics Corp. v Liquidia Tech Inc.
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IP Expert- United States: When Is An Idea Too Abstract To Pass The Patent Eligibility Test?
- In Free Stream Media Corp. v. Alphonso Inc., Case No. 19-1506 (Fed. Cir. May 11, 2021) (Reyna, J.)
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IP Expert- UK: Originality In Copyright – A Review Of THJ v Sheridan
- What constitutes originality in copyright law is an enduring and complex question.
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IP Expert- Does Failure to Investigate Amount to Copyright Infringement Authorisation? High Court has Final Say
- The High Court unanimously overturned a 2022 Full Court decision and found that a failure to investigate third-party allegations of copyright infringement by a contractor does not automatically amount to ‘authorisation’ of copyright infringement.
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IP Expert- United States: No Magic Word Needed To Determine If The Prior Art And The Patent Are In The Same Field
- In Netflix, Inc. v. DivX, LLC, Case No. 22-1138.
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IP Expert- Indonesia and South Korea Establish Patent Prosecution Highway
- Indonesia and South Korea have opened a patent prosecution highway (PPH) mechanism that allows applicants to seek patent protection in Indonesia by basing their application on a granted Korean patent.
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IP Expert- European Union: The EPO Adopts A Patentee-Friendly Approach on Assessing Formal Priority Entitlement
- There has been a growing trend to invalidate European patents by challenging their formal priority and using intervening prior art.
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IP Expert- United States: The Patent Term Adjustment Dilemma In An Obviousness-Type Double Patenting Analysis
- In In re Cellect, LLC, No. 2022-1293 (Fed. Cir. Aug. 28, 2023), the Federal Circuit held that an obviousness-type double patenting ("ODP") analysis should be based on the expiration date of a patent with any granted PTA added.
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IP Expert- Artificial Intelligence as an Inventor: A brief Exploration of South African Intellectual Property Law
- The emergence of Artificial Intelligence has sparked significant changes across various sectors, including in the field of the patent law.
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