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Hiding Behind Clerical Errors –

Lessons From Pavo Solutions versus
Kingston Technology Company

by Eviatar Aron, Patent Attorney

Recently, the US Court of Appeals for the Federal Circuit issued a decision in an ongoing dispute between Pavo Solutions, LLC (“Pavo”) and Kingston Technology Company, Inc. (“Kingston”) (Pavo Solutions, LLC v. Kingston Technology Company, Inc., CAFC, June 3, 2022), which addresses the questions of a) whether a district court can amend an evident clerical error in a patent; and b) whether the district court can find that there was willful infringement after correction of the clerical error is made and as a result thereof. 

 

As mundane and ‘obvious’ as this sounds, mindfulness and proofreading are essential skills for patent attorneys. Kingston was unfortunate that despite the claim error being relatively minor, so as to be entered by the court, it constituted enough of a change so as to work against them. 

 

A patent attorney and his clients live and die by the pen.

Modified Examination For Israel Patent Applications

by Dodiva Grant, Israel & US Patent attorney

Your patent has been granted in the US (for example) and you look at all the corresponding applications that you have just filed in other countries. And you think to yourself “if only there was a way that I could convince the Examiners in these other countries just to accept the results of the US Examiner. Think of the time and money that would save.”

 

Fortunately, in Israel it is not only possible, but in accordance with Section 17(c) of the Patent Law, there is a procedure for doing so. But this is not a ‘rubber stamp’ process. In fact, the opposite is true, as each such request is reviewed by the Examiner so as to check whether the original examination was sufficiently rigorous and whether additional prior art may exist. Only if the Israeli Examiner concludes that the original examination was, indeed, rigorous, and that no additional prior art exists, will the request for modified examination be accepted.

 

However, we’re jumping the gun. Let’s see how it’s done, what’s included and what’s not.

Zeev Dvashi is the CEO and co-founder of PlasFree, an Israeli bio-tech startup that specializes in the development and commercialization of vital fluid absorbent devices for blood purification.

 

A veteran of the Israeli bio-tech startup scene, Dr. Dvashi has been involved in several startups and holds a PhD from Tel Aviv University in Cell Research and Immunology.

 

Avraham sat down with Zeev in the offices of PlasFree in Petach Tikva where they discussed how to take an idea and develop it into a marketable product, raising money, building a team, the role of patents in their business, tips for startup founders and much more.

From the District of Columbia to the Malay Peninsula

SINGAPORE 2023 Here I Come!

by Jeremy M. Ben-David, Managing Partner

The 2022 INTA meeting in Washington, DC will be remembered by many. For some, this was their first meeting, while for others this was the meeting which in some ways resembled a school reunion rather than the usual frenetic meetings that have taken place for over 140 years (although for most of the time INTA was actually the USTA). Others yet will remember this meeting as the one that they could have attended, but decided not to, due to concerns about either catching Covid-19 or facing quarantine restrictions when going home.

 

Before I share my own thoughts as to how this year's INTA meeting stood out (and stand out it did!), a word about “quarantine”. It’s a word that we bandy about so much that it has become synonymous with “isolation”; but that is not entirely accurate. Before you rush to Google the word – don’t worry – I’ve done it for you. As explained on the CDC webpage History of Quarantine | Quarantine | CDC, “the practice of quarantine, as we know it, began during the 14th century in an effort to protect coastal cities from plague epidemics. Ships arriving in Venice from infected ports were required to sit at anchor for 40 days before landing. This practice, called quarantine, was derived from the Italian words quaranta giorni which mean 40 days.” So as you see, the use of the word “isolation” is more accurate, unless the isolation is 40 days…

 

But I digress…

Trademarks

The JMB Davis Ben-David trademark services team works with leading international brands seeking to merchandize their products in the US, Israel and the rest of the world.

Designs

For 25 years, the JMB Davis Ben-David team has successfully assisted clients in registering design patents that protect their original designs for products ranging from medical devices to diamonds. 

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We're here to help you with your patents, designs and trademarks.

We started JMB Davis Ben-David with one goal in mind: to help our clients navigate the challenges of securing rights to their IP. This includes patents, designs and trademarks.  Since 1995 we have been working with partners around the world so as to secure our clients’ IP rights.  We’re here for you.

Managing Partner
JMB Davis Ben-David