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Tag Archives: patentability

Patentability of software in Italy & partial recovery of profits (infringement of patents on marginal aspects of a product)

By judgement of January 3rd, 2017, the Turin Court of Appeal delivered a monumental decision in a longstanding patent dispute concerning the validity and infringement of patents relating to an Electronic Program Guide (EPG) for digital and satellite television. The patented technology related to a system for selecting television channels, to be implemented in televisions,

Infringement by equivalence and patentability of intermediates in Italy

By decision of December 2nd, 2016, No 24658, Industriale Chimica S.r.l. vs Bayer Pharma AG, the Italian Supreme Court ruled on the infringement by equivalence and on the patentability of intermediates. Infringement by equivalence For the first time the Supreme Court has been asked to assess the infringement by equivalence under Article 52 of the

ITC Section 337: Monthly highlights

We’re delighted to introduce our ITC Section 337 series. The series provides updates on recent U.S. International Trade Commission (ITC) Section 337 investigations as well as other timely ITC developments that affect your business. What’s ITC and how can it affect my business? ITC Investigations under 19 U.S.C. § 1337 (“Section 337”) are initiated by companies

Blockchain and patent Law: A conversation with Berkeley Law

Chris Mammen recently interviewed Berkeley Law professors Narechania and McCrary about some of the IP applications of blockchain. This short video touches upon the following points: What is blockchain? Does it have broader applications outside Finance? Who is the inventor and why is his/her/their identity important? How might ownership of a core set of blockchain patents play out in

US: Time to simplify patent challenges (perspective)

The America Invents Act (AIA) became law roughly five years ago, and with its implementation came new administrative proceedings by which companies may challenge the validity of patents at the U.S. Patent and Trademark Office. Rather than establishing a single uniform procedure that permits challenges to any patent based on any statutory ground, however, Congress

US: District Court Says Secret Sales Are Not Prior Art Under The AIA

A recent district court case, Helsinn Healthcare v. Dr. Reddy’s Labs., et al. (D.N.J. 2016), marks the first judicial interpretation of the America Invents Act of 2011 (“AIA”) on-sale bar standard for “secret” sales and “secret” offers-for-sale, bidding farewell to arguments that confidential sales and offers-for-sale preclude patentability. Before 2011, Section 102(b) of the Patent