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Misleading Patent Claims: Unmasking False Advertising
- 10.20.2024
Authored by Babak Akhlaghi on October 16, 2024. In a notable clash within the footwear industry, Crocs initiated a lawsuit against Dawgs, accusing them of patent infringement. This legal case took an intriguing turn when Dawgs counterclaimed. They asserted Crocs engaged in false advertising. This alleged […]
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The On-Sale Bar Debate
- 10.17.2024
Authored by Babak Akhlaghi on September 6, 2024. Celanese International Corporation recently challenged Anhui Jinhe Industrial Co., Ltd. and Jinhe USA LLC at the U.S. International Trade Commission (ITC). The dispute revolves around Celanese’s claim that these entities were importing Ace-K, an artificial sweetener, using […]
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Federal Circuit’s ODP Clarification: A Guide for a Patent Attorney
- 09.01.2024
Authored by Babak Akhlaghi on August 27, 2024. In the world of patent law, clarity is key. Building on my takeaways from the In re Cellect decision last year, a recent Federal Circuit case, Allergan USA, Inc. v. MSN Laboratories Private Ltd., No. 2024-1061 (Fed. […]
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Patent Litigation Spotlight in Cancer Treatment
- 08.09.2024
By Babak Akhlaghi on August 9, 2024. Patent litigation cases often read like a legal thriller, filled with twists, turns, and high-stakes drama. One recent case that exemplifies this narrative is the patent dispute between Natera and NeoGenomics. This case, decided by the U.S. Court […]
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The Patent Term Adjustment Dilemma in an Obviousness-Type Double Patenting Analysis
- 10.26.2023
By Babak Akhlaghi on October 25, 2023. 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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No Magic Word Needed To Determine If The Prior Art And The Patent Are In The Same Field
- 10.02.2023
By Babak Akhlaghi on October 2, 2023. In Netflix, Inc. v. DivX, LLC, Case No. 22-1138 (Fed. Cir. Sept. 11, 2023) (Stoll, Hughes, and Stark, JJ.), the Federal Circuit held no magic word is required to determine if the prior art and the patent are […]
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Get Your Motorboat Running with this Case regarding Obviousness
- 09.25.2023
By Babak Akhlaghi on September 24, 2023. In Volvo Penta of the Americas, LLC v. Brunswick Corp., Case No. 22-1765 (Fed. Cir. Aug. 24, 2023) (Moore, Lourie, Cunningham, JJ.), the Federal Circuit reversed the Board’s obviousness rejection, finding that there was insufficient evidence to support […]
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Unraveling the Puzzle of Obviousness: Exploring the Raytheon Techs. Corp. v. General Electric Co. Case
- 09.01.2023
By Babak Akhlaghi on September 1, 2023. In a typical case involving obviousness rejection under 35 U.S.C. § 103, the key issue often revolves around whether a prior art reference teaches a specific claim limitation or if a skilled artisan would have been motivated to […]
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Unveiling the Impact of Optional Language “May” in a Patent Application
- 08.17.2023
By Babak Akhlaghi on August 17, 2023. A Brief Legal History: Understanding Reissue Patents Patent owners have the option to seek a broader scope of coverage for their invention by filing a continuation application with the United States Patent and Trademark Office while their original […]
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Cracking the Code: Understanding Obviousness Challenges and the Motivation to Combine Prior Art
- 08.09.2023
By Babak Akhlaghi on August 8, 2023. The Federal Circuit reversed the Board’s non-obviousness finding, holding that the key question in obviousness determination is whether a skilled artisan would be motivated to combine different references to achieve the claimed invention not the references. Axonics, Inc. […]
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