IP Watchdog

MARCH 15, 2022

In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. The plaintiffs have alleged that Moderna infringed U.S. Patent Nos. and ModernaTX, Inc.

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Patent Infringement Patent Technology Litigation 133

IP Watchdog

APRIL 17, 2023

This week in Washington IP news, the Senate and House are back in session and holding a variety of hearings on departments’ 2024 budget requests, including for the Department of Commerce and the National Science Foundation (NSF).

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Government IP Patent Infringement Patent 109

IP Watchdog

MARCH 8, 2023

government’s recent statement of interest filed in a patent infringement suit against Moderna’s COVID-19 vaccine. That statement argued that Moderna should be released from infringement liability under the terms of a government contract that “authorize[d] and consent[ed] to all use and manufacture” of any U.S.

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Patent Infringement Government Patent Contracts 105

IP Watchdog

NOVEMBER 30, 2022

What began as a patent infringement case has swerved into judicial ethics waters, due to the ruling of the Federal Circuit Court of Appeals. Patent and Trademark Office (USPTO).

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Patent Infringement Patent Inventor Litigation 81

The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). Shelly: 'Oops!…You You did it again ?' Notably, ‘intentionally’ and ‘serious circumstances’ are the two key elements.

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Settlement Patent Infringement Patent Intellectual Property 70

IP Watchdog

MARCH 15, 2024

Patent and Trademark Office (USPTO) and U.S. Copyright Office (USCO) release a joint study on the IP implications of non-fungible tokens (NFTs); The New York Times Company denies “hacking” ChatGPT; and Caltech and Microsoft settle a wi-fi patent infringement case. This week in Other Barks & Bites: the U.S.

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Non-Fungible Tokens Patent Infringement Trademark Patent 52

LexBlog IP

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. ” Thus, the prior-art design must be applied to the article of manufacture identified in the claim.

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IP Watchdog

MARCH 20, 2023

For well over a year, Senator Elizabeth Warren (D-MA) and some members of Congress have engaged in a campaign to urge the Health and Human Services Secretary Xavier Becerra to break patents on pharmaceuticals to lower drug prices by invoking a century-old statute, Title 28 of the U.S.

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Patent Infringement Patent Contracts Government 110

IP Watchdog

FEBRUARY 2, 2024

Patent and Trademark Office (USPTO) report finds pro bono legal services have amounted to $39.3 million in free legal services for inventors and small businesses; Canada announces plans to retain more IP domestically, and the U.S. This week in Other Barks & Bites: a U.S.

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IP Watchdog

JUNE 22, 2023

Court of Appeals for the Federal Circuit (CAFC) ruled in a nonprecedential opinion that a Florida district court correctly dismissed a UK-based patent owner’s infringement case after he willfully disobeyed the court and disrupted the enforcement of a court order.

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Patent Infringement Inventor Patent Technology 64

IP Watchdog

FEBRUARY 17, 2023

government, not Moderna, bears liability for potential patent infringement in ongoing COVID vaccine case; and Canada Announces funding restrictions to protect IP. government, not Moderna, bears liability for potential patent infringement in ongoing COVID vaccine case; and Canada Announces funding restrictions to protect IP.

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Patent Infringement Government Patent Technology 106

Patently-O

OCTOBER 3, 2022

Recent Headlines in the IP World: Nida Zafar: Meta Ordered to Pay Voxer Millions in Patent Infringement Case (Source: Mobile Syrup). Chris Burt: Trio of Apple Patent Filings Describe Biometrics Innovations for Various Devices (Source: Biometric Update). Commentary and Journal Articles: Prof. Source: Ford Authority.

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Patent Journalism Invention Patent Infringement 114

IP Watchdog

APRIL 29, 2024

GlaxoSmithKline filed a four-count civil action for patent infringement in the United States District Court for the District of Delaware late last week seeking damages for Pfizer and BioNTech’s infringing manufacture, use, sale and marketing of both the original “monovalent” and “bivalent” Comirnaty COVID-19 vaccines.

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Patent Patent Infringement Invention Marketing 111

IP Watchdog

NOVEMBER 30, 2022

What began as a patent infringement case has swerved into judicial ethics waters, due to the ruling of the Federal Circuit Court of Appeals. Patent and Trademark Office (USPTO).

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Patent Infringement Patent Inventor Litigation 52

IPilogue

NOVEMBER 1, 2022

A mounting concern, however, was that the ability for anyone to download a physical 3D object may pose problems for IP rights. While the pandemic made it unattractive for patent holders to enforce their rights , it was important to consider possible avenues to ensure that IP does not hinder emergency response. Ballardini et al.

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IP Intellectual Property Licensing Journalism 120

IP Watchdog

APRIL 12, 2024

This week in Other Barks & Bites: three advocacy groups call on President Biden’s administration to use federal law to license the production and cut the price of an expensive cancer drug; an Illinois jury rules that Amazon owes Kove IO $525 million in a patent infringement case; and Representative Adam Schiff (D-CA) introduces legislation to (..)

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Patent Infringement Licensing Patent Copyright 69

IP Watchdog

MAY 3, 2023

The Unified Patent Court (UPC) will go live in less than a month, on June 1, 2023. Thus, it’s time to prepare for the biggest change in the global IP landscape in more than a decade. To facilitate such preparation, we will be providing a series of five articles that will deal with the most important aspects of the UPC.

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IP Watchdog

OCTOBER 13, 2023

politicians warn of widespread copyright infringement on NFT marketplaces; Google announces it will assume legal responsibility to offer customers protection from copyright disputes caused by the tech firm’s generative AI; Caltech and Apple jointly file a request to dismiss the patent infringement lawsuit between the two.

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Copyright Infringement Patent Infringement Copyright Patent 105

Patently-O

AUGUST 1, 2021

Recent Headlines in the IP World: Mike Peterson: Apple Hit with Patent Infringement Lawsuit for Selling a Smart Water Bottle (Source: Apple Insider). Piya Jain: The Benefits of Outsourcing Patent Activities for Life Science Companies in a Changing IP Landscape (Source: IAM). Commentary and Journal Articles: Atty.

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IP Watchdog

JANUARY 1, 2023

Substantial patent litigation activity occurred in the mRNA space in 2022, involving nearly all of the major mRNA and lipid nanoparticle (LNP) pioneers. Since this is the most significant happening in this space with respect to IP in 2022, this post will provide an overview of that activity as well as a summary exposure analysis.

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Litigation IP Patent Patent Infringement 125

Fish & Richardson Trademark & Copyright Thoughts

JULY 14, 2022

In a new article in Managing IP , Fish attorneys John Pegram and Jan Zecher say the question will most likely be litigated after the UPC transitional period. Read the full article on Managing IP (subscription required). During that period, the owners of conventional European patents may opt out of the UPC’s jurisdiction.

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IP Litigation Patent Patent Infringement 52

IP Watchdog

JANUARY 10, 2022

Supreme Court to review the Federal Circuit’s decision to dismiss Apple’s appeal of unsuccessful inter partes review (IPR) challenges to the validity of several patents owned by Qualcomm.

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Licensing Patent Invention Patent Infringement 105

IP Watchdog

OCTOBER 6, 2023

Court of Appeals for the Federal Circuit (CAFC) issues two precedential patent opinions; X Social Media sues Elon Musk’s social media platform X for copyright infringement; and the PTAB grants Mylan Pharmaceutical’s petition for an inter partes review on the validity of Novo Nordisk’s Ozempic and Wegovy patents.

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Social Media Music Copyright Infringement Patent Infringement 115

IP Watchdog

FEBRUARY 2, 2023

Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S. Patent and Trademark Office (USPTO). Metz and Jump Rope Systems originally sued Rogue Fitness in 2018.

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Inventor Technology Patent Trademark 126

Patently-O

AUGUST 15, 2021

Recent Headlines in the IP World: Atty. Abigail Smith: FCA Upholds Reconsideration Decision Maintaining $100M+ Award Against Apotex for Cefaclor Patent Infringement (Source: JD Supra). Susan Decker and Matthew Bultman: Apple Sinks ‘Submarine Patent,’ Escapes $308.5 Commentary and Journal Articles: Atty.

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Journalism Intellectual Property Patent Patent Infringement 81

IPilogue

JANUARY 4, 2023

The impugned IP portion of the proposal outlines demands by the UK to harmonize India’s patent and drug regulatory laws with those of the UK. 10 of the IP chapter of the leaked proposal effectively prohibits pre-grant oppositions. 10 of the IP chapter of the leaked proposal effectively prohibits pre-grant oppositions.

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Patently-O

DECEMBER 4, 2022

Recent Headlines in the IP World: Matt Birney: Proteomics Secures Hong Kong Patent for Kidney Disease Test (Source: The West Australian). Jesse Coghlan: Apple Job Listings and Patents Hint at Foray into ‘3D Mixed-Reality World’ (Source: Cointelegraph). Source: WIPO IP Portal. Klarquist – Chemistry Patent Attorney/Agent.

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Patent Journalism Patent Application IP 63

IP Watchdog

MARCH 2, 2022

s suit against several standard-essential patent holders and their licensing agent, claiming violations of federal antitrust law and state law. Court of Appeals for the Fifth Circuit on Monday vacated and remanded a district court decision that had dismissed Continental Automotive Systems, Inc.’s

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Licensing Law Patent Patent Infringement 111

IPilogue

SEPTEMBER 13, 2021

Bonnie Hassanzadeh is an IP Intensive student and 3L JD Candidate at Osgoode Hall Law School. As part of the IP Innovation Clinic’s involvement in the inaugural year of Mitacs’ Business Strategy Internship program, Bonnie completed an internship at Bereskin & Parr LLP under the direct supervision of Reshika Dhir.

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Business IP Intellectual Property Law Intellectual Property 115

IP Watchdog

JANUARY 26, 2023

District Court for the Southern District of New York held EscapeX IP LLC’s U.S. 9,009,113 patent ineligible as being directed to an abstract idea. The patent covers a process for allowing users to upload “dynamic albums” to be stored on their devices. The district court granted Block, Inc.’s

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Social Media Music Patent Patent Infringement 83

IP Watchdog

APRIL 26, 2024

This week in Other Barks and Bites: Caltech drops a patent infringement lawsuit against HP; the world celebrates World Intellectual Property Day; GSK sues Pfizer accusing the company of infringing on its mRNA patents.

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Intellectual Property Patent Infringement Patent IP 59

Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. All of us at the Garrigues IP Blog would like to wish you a very happy new year. We hope that these last two years serve as a springboard for 2022.

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Patent Infringement Invention Patent Patent Law 52

IP Watchdog

APRIL 15, 2023

On Wednesday, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a district court’s dismissal of a Florida vape company’s patent lawsuit against tobacco company Phillip Morris. HCM alleged that Phillip Morris infringed on its patent for an electronic pipe, U.S. 10,561,170.

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Patent Patent Infringement Litigation Technology 122

IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

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Litigation Patent Intellectual Property Branding 98

IP Watchdog

MAY 9, 2024

1337 due to Stanley Black & Decker’s alleged patent infringement. International Trade Commission’s (ITC) ruling that Zircon Corp. had failed to meet the domestic industry requirement to prove a violation of 19 U.S.C.

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Patent Patent Infringement Technology Litigation 59

IP Watchdog

SEPTEMBER 6, 2021

case number 19-40643: are patent laws regarding what constitutes a reasonable royalty applicable to questions of compliance with FRAND-related contractual obligations? Pursuant to appeal of that decision, however, the United States Court of Appeals for the Fifth Circuit has now addressed the photonegative question in HTC Corp.

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Contracts Law Patent Licensing 119

Patently-O

SEPTEMBER 13, 2022

Recent Headlines in the IP World: Carmel Wroth and Joe Palca: Moderna Suing Pfizer, BioNTech for Patent Infringement in Development of COVID-19 Vaccine (Source: NPR). Sean Silcoff: BlackBerry’s US$600-Million Patent Sale in Doubt as Canadian-Led Lending Syndicate Bails (Source: The Globe and Mail). Source: Forbes.

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Intellectual Property Patent Journalism Patent Infringement 68