IPilogue

MAY 30, 2022

In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings. On the other hand, a party may utilize intellectual property as part of an offensive business strategy.

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Intellectual Property Patent Infringement Patent Design Patent 112

Indiana Intellectual Property Law

MARCH 21, 2023

DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement. According to the Complaint, DSI’s software includes numerous technological improvements that were captured in a family of patent applications. In 2022 the United States Patent and Trademark Office issued Patent No.

Patent Infringement 52

Patent Infringement Litigation Patent Patent Application 52

JD Supra Law

MARCH 30, 2022

Applying recent Federal Circuit precedent requiring language evincing a present conveyance of patent rights, a district court in the Western District of Pennsylvania found that the contractual language “shall become the property of” did not constitute a patent assignment and did not confer a third party the right to license the patent.

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Licensing Patent Patent Infringement Technology 98

Patently-O

JULY 21, 2022

Symbiont’s US Patent No. Holt was part of forming two additional companies, BJM and Matrix and Symbiont licensed the technology (including the patent) to those companies. The agreement included a number of provisions — primarily a license with royalties for feed sold using the process. by Dennis Crouch.

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Licensing Patent Patent Law Intellectual Property 77

Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. Although not directly relevant for this case, The patent at issue, U.S.

Licensing 55

Licensing Patent Ownership Patent Infringement 55

IP Watchdog

SEPTEMBER 1, 2021

Would you believe the following scenario could happen under our patent system? Commanding 50% market share in unit sales of the patented product, the patent holder prevails in patent infringement suits obtaining court injunctions against all major rivals and maintaining a strict no-licensing policy.

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Inventor Patent Patent Infringement Licensing 123

SpicyIP

SEPTEMBER 5, 2022

Battle lines are being drawn in the fight over the lucrative mRNA vaccine technology used in certain Covid 19 vaccines. Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). Judge Kimberly Moore, Populism and Patents, NYU L.Rev ).

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Litigation Patent Technology Ownership 137

IP Watchdog

AUGUST 25, 2023

This week in Other Barks & Bites: The U.S.

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Patent Infringement Technology Patent Licensing 52

Indiana Intellectual Property Law

NOVEMBER 10, 2023

of Goshen, Indiana , alleging patent infringement related to their asphalt paving technologies covered by U.S. Patents Nos. These patents are associated with ArrMaz’s BondTekk® bonded-paving technology, adopted by multiple states and contractors for creating safer and more durable roads.

Technology 52

Technology Licensing Patent Infringement Patent 52

LexBlog IP

DECEMBER 20, 2023

Court of Appeals for the Federal Circuit [1] reversed a lower court’s denial of Intel Corporation’s (“Intel’s”) motion for leave to amend its answer to assert a new license defense in a patent infringement suit brought by VLSI Technology LLC (“VLSI”). and Finjan Software, Inc.

Licensing 52

Licensing Contracts Litigation Technology 52

Indiana Intellectual Property Law

MARCH 14, 2023

Batesville”), for patent infringement. Batesville is accused of patent infringement against Patent No.’s Plaintiff is requesting a judgment that the Defendants willfully infringed upon Plaintiff’s patents, injunctive relief, damages together with interest and costs under Lanham Act 35 U.S.C. §

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Patent Infringement Social Media Patent Designs 40

LexBlog IP

JUNE 29, 2023

alleging that the defendants’ adeno-associated virus (“AAV”) technology gene therapy product has infringed or will infringe U.S. 11,680,274 (“the ‘274 Patent”). ” The Biologics License Application (BLA) for SRP-9001 was accepted for priority review by the FDA in November 2022.

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Patent Infringement Patent Licensing Invention 52

LexBlog IP

FEBRUARY 7, 2023

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Sockeye Licensing TX, LLC. NPEs are also known to limit their license when suing software companies.

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Licensing Settlement Patent Troll Confidentiality 40

IP Watchdog

MAY 2, 2024

Zebra Technologies Corp. reversing a Western District of Texas ruling that dismissed patent infringement claims for lack of constitutional standing. Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Tech LLC v.

Patent 64

Patent Patent Infringement Technology Licensing 64

IP Watchdog

APRIL 21, 2023

In late March, news broke that the European Commission was drafting sweeping regulations on the licensing of standard essential patents (SEPs). In its current form, the new regulatory framework would encourage increased transparency in SEP licensing through several new policies and procedures.

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Licensing Intellectual Property Patent Patent Infringement 75

IPilogue

AUGUST 24, 2022

NPEs are a special type of entity that specifically purchases patents or patent rights but does not commodify the patent. The second kind, private parties, often use the patents they acquire for profit through damage or settlement awards, or royalties and licensing rights.

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Litigation Patent Troll Patent Technology 106

LexBlog IP

JUNE 7, 2023

On 27 April 2023, the European Commission (the “ Commission ”) proposed a new regulation on the licensing of standard essential patents (the “ Proposal ”). [1] SEP holders seeking to license their SEPs for royalties and to enforce them in the EU would have to register the patents in a SEP register.

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Licensing Patent Confidentiality Registration 52

Kashishipr

DECEMBER 28, 2021

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

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IP Patent Invention Licensing 105

Traverse Legal Blog

SEPTEMBER 28, 2023

Open-source software development isn’t a new kid on the block, but its importance has skyrocketed with the emergence of game-changing technologies like blockchain and AI. Open Source Lawyers Are Critical To Your Open Source Success Very few lawyers understand software licensing , and even fewer open-source licensing.

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Licensing Derivative Work Intellectual Property Moral Rights 52

IP Watchdog

DECEMBER 21, 2023

With respect to patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, 2023 saw many interesting developments.

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Licensing Government Patent Patent Infringement 59

Intellectual Property Law Blog

APRIL 5, 2021

Companies have historically turned to patent pools as vehicles for achieving shared objectives. A patent pool can be formed when a group of patent holders agree to pool their patents for some purpose. In this scenario, the pooling companies may own complementary patents that enable a technical standard.

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Patent Licensing Intellectual Property Technology 100

IP Watchdog

DECEMBER 20, 2022

While 2022 was somewhat less eventful than 2021 in terms of significant developments in fair/reasonable and non-discriminatory (FRAND/RAND) licensing occurring in the United States, the past year still did not disappoint and underscores the continued and growing interest from government in the standards related patents space.

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Licensing Government Patent Patent Infringement 69

IP Watchdog

APRIL 23, 2023

The European Union is reportedly considering sweeping new regulations for the licensing and litigation of standard essential patents (SEPs), which make fair-minded observers wonder whether any sane adults are in charge at the European Commission (EC).

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Patent Licensing Litigation Marketing 131

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? Despite these differences, we noted that these two concepts have often been treated interchangeably by courts, often leading to confusing results. Telefonaktiebolaget LM et al.,

Contracts 119

Contracts Law Patent Licensing 119

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.

Patent 52

Patent Licensing Intellectual Property Technology 52

The IPKat

MAY 7, 2022

This review of Licensing Standard Essential Patents: FRAND and the Internet of Things by Igor Nikolic is brought to you by Brussels-based trainee patent attorney, Henry Yang. In the US, eBay v MercExchange made it more difficult to obtain injunctions for patent infringement.

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Licensing Patent Editing Publishing 52

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.

Technology 98

Technology Licensing Patent Application Patent Infringement 98

IP Watchdog

MAY 26, 2022

“For 200 years, the world was getting along just fine without a policy statement on SEPs [standard essential patents],” said Andrei Iancu earlier this week at Patent Litigation Masters™ 2022, discussing Biden Administration attempts to revisit the 2019 SEP policy agreement among the U.S.

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Licensing Litigation Technology Patent 85

Intellectual Property Law Blog

AUGUST 30, 2023

STGenetics brought counterclaims and third-party claims for, among other things, infringement of the ’987 patent. ABS moved to dismiss the induced infringement claims on the grounds that they were precluded by the judgment in the first suit. The Court found that the plain language of the royalty is limited to straws made by ABS.

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Technology Licensing Contracts Patent Infringement 130

SpicyIP

JULY 23, 2021

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Even outside of patents, the players in the pesticide industry have consistently been pushing for TRIPS+ protections such as extended data exclusivity (see here , here , and here ).

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Patent Licensing Invention Government 126

Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127.

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Patent Patent Infringement Copying Technology 97

LexBlog IP

APRIL 3, 2023

This is an important decision to review in understanding licensing and litigation of international SEP portfolios. For example, the Court ruled that an injunction may be entered against an standard-compliant product if even a single SEP is found to infringe. those who stall licensing negotiations).

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Licensing Technology Intellectual Property Patent 52

LexBlog IP

SEPTEMBER 28, 2023

Open-source software development isn’t a new kid on the block, but its importance has skyrocketed with the emergence of game-changing technologies like blockchain and AI. Open Source Lawyers Are Critical To Your Open Source Success Very few lawyers understand software licensing , and even fewer open-source licensing.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Fish & Richardson obtained an initial determination at the International Trade Commission (ITC) recommending a general exclusion order for client Skull Shaver, LLC, the market leader in uniquely designed and patented handheld electric shavers and personal grooming products. 8,726,528 (“the ’528 Patent”) and U.S. Design Patent No.

Patent Infringement 52

Patent Infringement Patent Marketing Marketing 52

The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

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Design Patent Designs Design Patent 98

IPilogue

NOVEMBER 1, 2022

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. examined two existing ways to tackle the problem: compulsory licensing and voluntary licensing. Ballardini et al.

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IP Intellectual Property Licensing Journalism 120

IP Watchdog

SEPTEMBER 21, 2023

A recent decision out of the Eastern District of Texas granted the plaintiff patent owner summary judgment with respect to the defendants’ counterclaim that the plaintiff breached licensing related obligations owed to the Institute of Electrical and Electronics Engineers (IEEE) by not communicating with the defendants prior to suing for infringement. (..)

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Licensing Patent Patent Infringement Litigation 52