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The recent NextStep, Inc. v. Comcast Cable Communications decision reinforces the critical importance of precise language in patent litigation, particularly concerning the doctrine of equivalents. The appeals court affirmed the lower court's finding of non-infringement, highlighting significant deficiencies in NextStep's evidentiary presentation.
Central to the court's decision was NextStep's expert testimony, which the court found lacking in specificity and proper claim analysis.
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On October 9 2024, the European Patent Office (EPO) held a meeting with user groups to discuss updates to its Guidelines. This was the second meeting of the year and focused on revising the Guidelines for the European Patent Convention (EPC), the Patent Cooperation Treaty-European Patent Office (PCT-EPO) and the Unitary Patent.
The EPO invited users to review the draft Guidelines over the summer and provide feedback. Most of the suggestions made by the members were adopted, significantly influencing the final drafts.
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Cloudflare, a leading US company specializing in DNS, CDN, and DDoS protection, has announced a significant triumph over the notorious patent troll, Sable IP and Sable Networks. This victory may mark a pivotal moment for the tech industry.
Sable, a fictional entity, operates purely by exploiting a portfolio of patents acquired in 2006. Unlike genuine companies, Sable does not develop or manufacture products. Instead, it targets businesses by accusing them of patent infringement, threatening costly lawsuits, and forcing settlements. Sable has previously targeted giants like Cisco, Fortinet, and Juniper Networks, draining resources and stifling innovation.
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A recent report from the Sunwater Institute has challenged long-held beliefs about patent quality in the United States. Contrary to popular opinion, the U.S. Patent and Trademark Office (USPTO) is not overwhelmed with "bad patents." In fact, only 7% of U.S. patent claims are erroneously granted, one of the lowest rates among major patent offices worldwide.
The report reveals a surprising finding: the USPTO is more likely to erroneously reject or abandon valid patent claims than to grant invalid ones. Approximately 18% of abandoned U.S. patent claims are actually valid under patentability criteria. This discrepancy is even more pronounced in tech-heavy fields like computer networks and communications.
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At the end of September, the European Commission's Directorate-General for Research and Innovation and the European Patent Office (EPO) signed a Letter of Intent to enhance their collaboration in the field of knowledge valorization. This strategic partnership aims to streamline intellectual assets management and foster a more robust European Research Area (ERA).
Key objectives of the partnership are:
