Archives: Patent Litigation

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New Trend of Examining Inventivity of a Patent Claim in China

A case handled by Sum Lam, Patent Litigator and Chinese Attorney-at-Law of Squire Hong Kong Office, has just been selected as a Guiding Case 2016 by Peking IP Court. The case is an administrative litigation for Chinese patent application 200710007290.2 published as CN101007901A  (corresponding to DE102006003957 (A1)   US2009022898 (A1)   US8147918 (B2)  KR101354886 (B1)   JP5634676 (B2)   WO2007085320 (A2)   EP1976940 (A2)  CN105646879 (A)   BRPI0621249 (A2) ) between DEGUSSA (now Evonik) v. Chinese Patent … Continue Reading

Pink or Orange: Colors That Are the By-Product of a Functional Improvement to a Product Are Not Entitled to Trade Dress Protection

On January 5, the U.S. District Court, District of Colorado ruled that ceramics company CeramTec GmbH is not entitled to trade dress protection for the pink color of its hip implant components.  C5Med. Werks, LLC v. CeramTec GmbH, D. Colo., No 14-cv-00643-RBJ, 1517 decision highlights the limits of trade dress protection, which only extends to non-functional … Continue Reading

Is the Broadest Reasonable Interpretation of Claim Terms, as Applied in Inter Partes Review, Converging on the Standard Applied in Litigation?

This past summer, the Supreme Court settled the debate about the standard to be applied by the Patent Trial and Appeal Board (PTAB) in construing patent claims – finding its use of the broadest reasonable interpretation (BRI), the approach used by the US patent office for the past century, was proper.1 Its decision left in … Continue Reading

Shot in the Dark Likely to Reshape the Map of U.S. Patent Litigation

In a somewhat surprising move, the U.S. Supreme Court has agreed to address the question of the proper forum for patent litigation in TC Heartland, LLC v. Kraft Foods Group Brands LLC, No. 16-341.  Although the U.S. Code contains a special venue provision for patent infringement actions that the Supreme Court had interpreted to be … Continue Reading

When A Radio Is Just A Radio: Claim Construction Principles Revisited

Ordinary meaning can limit features in claims to the features’ purpose and principal use, according to the Federal Circuit’s recent decision in Asetek Danmark A/S v. CMI USA Inc., No. 16-1026 (Fed. Cir. 2016). The patents-in-suit are directed to systems and methods for cooling the “central processing unit (CPU) or other processing unit of a … Continue Reading

ALJ Reverses Prior Domestic Industry Finding In Light of Lelo Inc. v ITC

In a significant development in ITC domestic industry law, ALJ Pender has reversed his prior ruling in Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (337-TA-890) that Complainants had established a U.S. industry in their products—a prerequisite for investigations under Section 337.  The reversal is based on the intervening Federal Circuit authority in Lelo Inc. … Continue Reading
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