The Court's decision is consistent with the broader trend of apportioning damages in
utility patent cases to the particular patented technology found to infringe.
Not exact matches
Crist has criticized Canadian «promise»
case law for invalidating pharmaceutical
patents for lack of
utility despite the fact that the medicines at issue were commercially successful.
This is particularly relevant in the
case of pharmaceutical inventions, because the requirement of
utility means that the drug for which a
patent is sought must achieve the result promised in the specification.
The German
patent office will most likely treat the Federal Patent Court's opinion on the photo gallery patent as binding case law for the purposes of the utility model revocation proceedings; if not, Apple can always ask the Federal Patent Court to review the decision, and a panel presumably consisting of partly the same people would probably affirm the previous decision in the new co
patent office will most likely treat the Federal
Patent Court's opinion on the photo gallery patent as binding case law for the purposes of the utility model revocation proceedings; if not, Apple can always ask the Federal Patent Court to review the decision, and a panel presumably consisting of partly the same people would probably affirm the previous decision in the new co
Patent Court's opinion on the photo gallery
patent as binding case law for the purposes of the utility model revocation proceedings; if not, Apple can always ask the Federal Patent Court to review the decision, and a panel presumably consisting of partly the same people would probably affirm the previous decision in the new co
patent as binding
case law for the purposes of the
utility model revocation proceedings; if not, Apple can always ask the Federal
Patent Court to review the decision, and a panel presumably consisting of partly the same people would probably affirm the previous decision in the new co
Patent Court to review the decision, and a panel presumably consisting of partly the same people would probably affirm the previous decision in the new context.
'' [The Supreme Court] has decided many
utility -
patent cases in recent terms, but has not reviewed a design -
patent case in more than 120 years.
With more than 30
patent litigators, we have tried
utility and design
patent cases in well - known federal
patent venues in California, Texas, Illinois, New York, Virginia, New Jersey, and Delaware, and in many other jurisdictions.
In the latest US
case, the jury decided that some, but not all, Samsung products infringed Apple's
utility and design
patents.
The total damages amount in the first
case ($ 929 million after two trials, but prior to the appeal, which Samsung filed last week) was $ 929 million, but the bulk of that was related to design
patents and trade dress, i.e., intellectual property rights for which U.S. statutory law explicitly allows damages theories (disgorgement of infringer's profits) that are legally unavailable for
utility (i.e., technical)
patents.
Patent Prosecution (Acquisition) Cases — Successfully prosecuted and obtained hundreds of utility and design patent applications at the United
Patent Prosecution (Acquisition)
Cases — Successfully prosecuted and obtained hundreds of
utility and design
patent applications at the United
patent applications at the United States
Case law has imposed a requirement that an invention's usefulness be demonstrated or soundly predicted at the time of application, rather than at some later point; though
utility of the subject - matter is a requirement of
patent validity, a patentee is not required to disclose the
utility of the invention to fulfill the requirements of s. 2.
The Court unequivocally stated that there was no requirement to disclose in the
patent the demonstration of the
utility of the invention; but in this
case, it was at the patentee's peril.
However, I can't see how the existence of other smartphone - related
patents (
utility patents as well as design
patents) would not have probative value: the single strongest argument for a narrowly - defined article of manufacture (just the
casing) simply is that there is so much more in and on a smartphone than just a very few, narrow designs.
So
cases involving design
patents constitute a small percentage of
patent litigation compared to the number of
cases involving only
utility patents (historically, just under 10 % and declining to less than 5 % in 2012 and 2013).
Excess Copyright Last Minute Discontinuance of
Patent Case on «Promised
Utility» in Supreme Court of Canada
Six years after the SCC considered the NOC
case (finding Sanofi's
patent not anticipated or obvious), the SCC will once again consider the validity of the same
patent in an action (re-litigating issues of obviousness, and considering
utility / Promise).
Although the SCC has recently granted leave in Astra's esomeprazole action [12], both parties have acknowledged in their leave materials that the disclosure requirement is not determinative in this
case (as the lower court held there was no sound prediction of the promised
utility relying on material in the
patent as well as Astra's internal tests).