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 ). In April 2021, Jin sued Baijia store for patent infringement.

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Patently-O

SEPTEMBER 8, 2022

The crux of the decision is as follows: [T]he district court read our precedent as applying a bright-line rule that patent infringement notice letters and related communications can never form the basis for personal jurisdiction. Personal Jurisdiction as Not Patent Law Specific. ” Breckenridge Pharm.,

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IPilogue

NOVEMBER 1, 2022

Gregory Hong is an IPilogue Writer and a 1L JD candidate at Osgoode Hall Law School, Many of you are likely familiar with 3D printing. examined two existing ways to tackle the problem: compulsory licensing and voluntary licensing. Furthermore, as a common-law rule, experimental use is not defined by international agreement.

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Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. Patent laws acknowledge that patents play a crucial role in facilitating the exchange of goods and services.

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The IP Law Blog

JULY 15, 2021

For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” The Supreme Court further recognized that “laws of nature, natural phenomena, and abstract ideas” are not patent-eligible subject matter under 35 U.S.C.

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The IPKat

SEPTEMBER 15, 2022

After a methodological introduction in Chapter 1, Wernick follows in Chapter 2 with a discussion of the economic consequences of over- and underprotection in patent law. Notably, overprotection may lead to a decrease in patent quality (where an existing patent is in fact invalid) or to issues of interoperability between products.

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Patently-O

OCTOBER 26, 2022

Financing an infringement lawsuit is a bit tricky, especially for a total-startup (micro entity) in a fairly small market. After failed licensing discussions, her company Jump Rope Systems eventually sued Coulter Ventures (owners of Rogue Fitness ) in 2018 for patent infringement. Jump Rope Systems, LLC v.

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The IP Law Blog

MARCH 16, 2023

I recently wrote about the patent infringement lawsuit filed by Moderna against Pfizer/BioNTech over the COVID-19 vaccine. In its complaint filed in federal district court in Boston last August, Moderna alleged that Pfizer/BioNTech infringed three of Moderna’s patents in developing the Pfizer/BioNTech COVID-19 vaccine.

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The IP Law Blog

JANUARY 18, 2024

A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” While there are certain rights in common law trademarks, greater protection is afforded by registering the mark with the USPTO. then it is no longer a trade secret.

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Patently-O

SEPTEMBER 13, 2021

Quinney School of Law. One can almost hear the weariness permeating the final sentence of Judge Gilstrap’s charge to an admittedly perplexed jury: “Ladies and gentlemen, there is no fixed or required methodology for setting or calculating the terms of a FRAND license rate.”. Guest Post by Prof. LEXIS 26250, __ F.4 4 th __ (Fed.

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The IPKat

JANUARY 2, 2022

TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including analyses of cases dealing with issues such as unconventional signs (i.e., Several cases were concluded without judgment. disputes between domain names and trademarks).

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LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

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Licensing Contracts Law Patent Law 52

SpicyIP

MARCH 21, 2024

This report which is mandated under American law and placed before the US Congress, requires the USTR to conduct a review of the intellectual property (IP) laws and enforcement policies of American trading partners in order to identify those laws or practices which maybe detrimental to American interests.

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Patent Patent Application Government Reporting 52

Patently-O

SEPTEMBER 1, 2021

Lubby sued Henry Chung for patent infringement and won at trial with a jury verdict of almost $1 million. Back damages are further limited in by the patent marking statute of Section 287. That provision calls for a patentee to to mark any “patented article” that it sells or licenses-for-sale with the patent number.

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Licensing Patent Patent Infringement Patent Law 74

The IPKat

FEBRUARY 14, 2022

University of Queensland - Stand and Deliver: Biopiracy, Law, and the Balkanization of the Genescape - 22 February 2022 The University of Queensland launched a series of webinars on the interrelationships between people, plants and the law. Institute of European Media Law of the University of Luxembourg - Piracy on all waves? -

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The IPKat

SEPTEMBER 14, 2022

The book's cover wonderfully matches the colours of the Villa Salviati gardens This is a book review of IP Accidents: Negligence Liability in Intellectual Property , by Patrick Goold , City Law School, University of London. Léon is currently finishing his PhD on the proportionality principle and injunctions for patent infringement in EU law.

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IP Intellectual Property Patent Law Technology 91

IP Watchdog

OCTOBER 21, 2021

So, even though it is believed Judge Koh can and will easily receive a favorable confirmation vote, the questions relating to the intersection of antitrust and patent law demonstrate a keen awareness and interest in these issues on the Senate Judiciary Committee.

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IP and Legal Filings

JANUARY 21, 2022

Also, Huawei wants to have a strong patent portfolio in the Chinese market where all such measures are more or less beneficial for it. The contention of Samsung was to set a global license rate for Ericsson’s SEP. Verizon then filed counterclaims against Huawei, accusing Huawei of patent infringement. Chinese market.

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The IP Law Blog

FEBRUARY 2, 2023

The LKQ case involves a challenge by LKQ to the validity of a design patent owned by GM. The patent covered a design for a vehicle front fender. LKQ had licensed the patent from GM, but when the license was not renewed, GM accused LKQ of patent infringement.

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LexBlog IP

JANUARY 18, 2024

A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” ” While there are certain rights in common law trademarks, greater protection is afforded by registering the mark with the USPTO. then it is no longer a trade secret.

Confidentiality 52

Confidentiality Invention Business Artistic Work 52

IP and Legal Filings

SEPTEMBER 13, 2022

The question of whether particular software is patentable or not as held in the case of Bishwanath Prasad Radhey Shyam v. Hindustan Metal Industries [(1979) 2 SCC 511] , is a mixed question of law and fact, however, the requirement of an ‘Inventive step’ having novelty and utility still remains a basic requirement for patentability.

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Patent Invention Inventor Technology 52

More Than Your Mark

FEBRUARY 11, 2019

Despite the widely diverging needs of the different industries that make use of the US patent system, US patent law applies essentially the same rules to innovations from all technology fields. PTE – Additional patent term given to compensate for commercialization delays due to premarket regulatory review. Biosimilars.

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SpicyIP

JANUARY 16, 2023

Discussing the proposed amendments to the IP laws under the Jan Vishwas (Amendment of Provisions) Bill, 2022, Aparajita highlights the bits where the amendment falters. Mumbai Port Trust, the government is obligated to provide the access to these licenses. Data show India’s global patent share now higher than UK.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

In addition, five attorneys served as judicial law clerks or interns. From 2019 to 2020, Ashley served as a judicial law clerk to the Honorable Kimberly A. with honors from Emory University, where she was the articles editor of the Emory Law Journal. from The George Washington University Law School in 2015. in English.

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SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Justice Prathiba M Singh’s Commentary on patents law released.

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The IP Law Blog

NOVEMBER 3, 2022

and the wealthy countries, Moderna announced that it expected its competitors to respect Moderna’s intellectual property and that it would offer patent licenses on reasonable terms to those who asked. On August 26, 2022, Moderna sued Pfizer and BioNTech for patent infringement in the district court in Massachusetts.

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