Best of 2007: Litigation guy
Likelihood of Confusion
FEBRUARY 2, 2023
The post Best of 2007: Litigation guy appeared first on LIKELIHOOD OF CONFUSION™. Seems we just get started and before you know it, comes the time we have to say, "So long."
Roundup Ready 2 Patent Litigation
Patently-O
FEBRUARY 7, 2023
The ‘729 patent has a 2007 priority date and claims plants genetically modified with a particular DNA sequence to express dicamba monooxygenase. But, the company now primarily sells Roundup Ready 2 – Xtend seeds for soybeans and cotton. And those new lines are covered by new patents.
Litigation 
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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?
Patently-O
OCTOBER 4, 2021
We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. We estimate that ~90% of patent litigations initiated in 2020 included a patent with an effective filing date before the AIA transition date of March 16, 2013. Who’s Suing Us? COVID-19Impact).
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[Video] Kidon Podcast: IP War Stories — David Cohen & Richard Vary
JD Supra Law
MARCH 28, 2022
I first met Richard when I joined Nokia’s in-house IP litigation team in 2007. Richard worked his way up to ultimately become a VP and head of litigation at Nokia – where he oversaw some of their most successful and important litigation and licensing campaigns. By: Kidon IP
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New PatentlyO L.J. Article: The AIA at Ten – How Much Do the Pre-AIA Prior Art Rules Still Matter?
Patently-O
OCTOBER 4, 2021
We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. We estimate that ~90% of patent litigations initiated in 2020 included a patent with an effective filing date before the AIA transition date of March 16, 2013. Who’s Suing Us? COVID-19Impact).
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Judge John Murphy
Patently-O
DECEMBER 9, 2022
He he clerked for Judge Kimberly Moore and has been litigating patents at Baker Hostetler (Philly) since 2007. (He Throughout this time he as also been teaching patent litigation at Rutgers and joined Judge Moore as a co-author to her casebook on Patent Litigation (along with Tim Holbrook). Congratulations Judge Murphy!
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PTAB’s Authority to Issue a Final Written Decision After a Statutory Deadline
Intellectual Property Law Blog
DECEMBER 21, 2023
Regarding legislative history, the Federal Circuit noted that the AIA provided for PGRs “designed to allow parties to challenge a granted patent through a[n] expeditious and less costly alternative to litigation.” Introduction of Patent Reform Act, 153 Cong. Notably, neither party sought this remedy.
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Delhi High Court Directs Maharaja to Pay a King’s Ransom in a Patent Infringement Suit
SpicyIP
OCTOBER 30, 2023
A legal notice had been issued to the defendant on September 27, 2007 and this was subsequently followed by an interim injunction on September 10, 2009. Using this basis for 2 years (2007-09), it arrived at a total amount of INR 5 crores of the kettle (with the suit patent) sold.
Retroactive Credit and the Future of Music Plagiarism
Plagiarism Today
AUGUST 26, 2021
The move came after many users began to notice similarities between Good 4 U and the 2007 Paramore song Misery Business , with some fans even creating mashups of the two songs. Earlier this week, musician Olivia Rodrigo gave two members of the band Paramore retroactive credit on her song Good 4 U.
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Forum Selection Clause Can Preclude PTO Validity Challenges
Intellectual Property Law Blog
MARCH 9, 2022
One of Sarepta’s arguments was that other language in the agreement indicated that the forum selection clause is best read as limited only to federal district court litigation. 422, 430 (2007); AVX Corp. The Federal Circuit disagreed. Int’l Shipping Corp., Presidio Components, Inc., 3d 1357, 1361 (Fed.
Federal Circuit: Known Technique Addressing Known Problem Satisfies KSR’s Motivation to Combine Analysis
IP Watchdog
MARCH 14, 2023
Supreme Court’s landmark 2007 obviousness ruling in KSR v. In reversing, the Federal Circuit ruled that the PTAB improperly rejected Intel’s “known technique” rationale supporting a motivation to combine prior art references under the flexible analysis set out by the U.S. Teleflex.
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[GuestPost] Opinion: Skirting FRAND requirements under the guise of promoting innovation and efficiency (Part I)
The IPKat
SEPTEMBER 24, 2021
In the first of a two-parter opinion piece, two US patent and anti-trust litigators in the form of Mark Selwyn , Tim Syrett and Alix Pisani of WilmerHale (who have acted in some of these cases) discuss their view of what is going on and where the answer might, and should lie. 5 In 2007, Qualcomm told the U.S.
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Judge Picks ‘Overall Winner,’ But UK High Court’s Latest FRAND Ruling Delivers Mixed Results for InterDigital and Lenovo
IP Watchdog
JUNE 27, 2023
million for a global FRAND (fair, reasonable and non-discriminatory) license covering sales of cellular devices from 2007 to December 31, 2023. Mr Justice Mellor issued a judgment ordering Lenovo to pay InterDigital a lump sum of $138.7
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New PatentlyO L.J. Article: What Every Patent and Trademark lawyer Should Understand About the MPEP, TMEP, and Other Guidance
Patently-O
JANUARY 10, 2023
Cotter, Is Global FRAND Litigation Spinning Out of Control , 2021 PatentlyO Law Journal 1 (2021) ( Cotter.2021.GlobalFRANDLitigation Lemley, Erik Oliver, Kent Richardson, James Yoon, & Michael Costa, Patent Purchases and Litigation Outcomes , 2016 Patently-O Patent Law Journal 15 ( Lemley.2016.PatentMarket COVID-19Impact).
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UK Court Hands Down Key FRAND Ruling in InterDigital v. Lenovo
IP Watchdog
MARCH 19, 2023
million for a global FRAND (fair, reasonable and non-discriminatory) license covering sales of cellular devices from 2007 to December 31, 2023, in the second full FRAND trial to be decided by the UK courts, following the landmark Unwired Planet case. Lenovo has been ordered to pay InterDigital a lump sum of $138.7
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Forget snakes on a plane – the UK IP Court deals with Cobras on cars
The IPKat
SEPTEMBER 4, 2023
Acedes, which acquired some of the assets of AC Cars in 1996, including the IP rights and goodwill relating to the mark “AC Cobra", registered the mark in the UK in 2007 (the AC Cobra Mark). Both counterclaims therefore failed.
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Forum Selection Clause Can Preclude PTO Validity Challenges
Intellectual Property Law Blog
MARCH 9, 2022
One of Sarepta’s arguments was that other language in the agreement indicated that the forum selection clause is best read as limited only to federal district court litigation. 422, 430 (2007); AVX Corp. The Federal Circuit disagreed. Int’l Shipping Corp., Presidio Components, Inc., 3d 1357, 1361 (Fed.
DMCA, Twitch, and “Death Note”
IPilogue
FEBRUARY 25, 2022
In 2007 , the IPilogue questioned how the DMCA will impact video hosting platforms. The DMCA protects platforms that host user-generated content against litigation; however, to be eligible, the platform must investigate and take down allegedly infringing material.
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102 Vanda Seeks Supreme Court Review on Lower Standard for Obviousness
Patently-O
JANUARY 23, 2024
398 (2007). The Supreme Court has not addressed obviousness standards since its 2007 decision in KSR. PTAB decisions and the frequency of Federal Circuit obviousness decisions appear to be bleeding over into other arenas — especially Hatch-Waxman infringement litigation that is generally decided by a judge rather than a jury.
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Journey Through “Julys” on SpicyIP (2005 – Present)
SpicyIP
AUGUST 3, 2023
The issue has simmered on SpicyIP pages since 2007. In July 2007, Aysha Shaukat’s post first discussed how Pakistan was planning to take legal action against India for patenting ‘Super Basmati’. India, Myths, and its Lost Legends: India’s contribution to science and innovation has always been enticing to narrate and hear about.
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When is an artist entitled to refuse attribution of an artwork? Italian Supreme Court provides (final) guidance in long-running dispute over Jeff Koons’s The Serpents
The IPKat
AUGUST 20, 2023
As IPKat readers are surely aware, his fame extends well beyond the art world, given that Koons has contributed as litigant to some of the most interesting copyright case law around the world [see, eg, IPKat coverage here ]. Background In 1988, the artefact at issue in the Italian litigation was shown at an exhibition in Cologne (Germany).
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The Obviousness Hurdle
Patently-O
MARCH 25, 2024
Teleflex (2007) , the Supreme Court stated that a “combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results.” Brady , 107 U.S.
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CAFC Emphasizes the Importance of Contract Principles in Arbitrability Determination
IP Watchdog
NOVEMBER 16, 2021
In 2007, Rohm Japan and MaxPower Semiconductor entered into a technology licensing agreement (TLA). District Court for the Northern District of California that compelled arbitration and dismissed Rohm Semiconductor USA’s declaratory judgment action without prejudice, holding that an arbitrator must determine arbitrability.
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Alleged Co-Inventor Not Bringing Home the Bacon This Time
The IP Law Blog
NOVEMBER 9, 2023
In 2007, as part of Hormel’s quest to improve its process for creating precooked bacon pieces, Hormel met with David Howard and others from Unitherm to discuss processes and Unitherm’s cooking equipment. Supreme Court denied the petition, ending this litigation, but a number of questions remain. On November 6, 2023, the U.S.
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Fish & Richardson Elevates 15 Attorneys to Principal in Class Distinguished by Diversity of Background and Experience
Fish & Richardson Trademark & Copyright Thoughts
JANUARY 3, 2023
With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Court, before the U.S.
PTAB’s Authority to Issue a Final Written Decision After a Statutory Deadline
LexBlog IP
DECEMBER 21, 2023
.” Regarding legislative history, the Federal Circuit noted that the AIA provided for PGRs “designed to allow parties to challenge a granted patent through a[n] expeditious and less costly alternative to litigation.” ” Introduction of Patent Reform Act, 153 Cong.
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The FTC Administrative Process: Get Prepared for an Extended Engagement
LexBlog IP
FEBRUARY 10, 2022
One of the post- AMG predictions about Federal Trade Commission (FTC or Commission) law enforcement is that we will see more administrative litigation. And what are the three matters in administrative litigation? Let’s walk through the FTC administrative litigation process and see what makes it particularly time-consuming.
Predicting the Unpredictable – When is a Combination Obvious?
LexBlog IP
SEPTEMBER 16, 2022
However, for chemical and pharmaceutical patents, unexpected results can provide the strongest basis for overcoming an obviousness argument either before the Patent Office or in response to an invalidity challenge in litigation. [1] 398, 407, 415 (2007). 1] Howard T. Markey, Why Not the Statute?, SOC’Y 331, 334 (1983). [2]
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Top 10 Patent Cases: 1891 to 1951
Patently-O
JANUARY 11, 2022
Teleflex (2007). In this case, the court explained that the inequitable conduct (unclean hands) only applies when the unconscionable act has “immediate and necessary relation to the equity that he seeks in respect of the matter in litigation.” ” Great Atlantic & Pac. Supermarket Equipment Corp., 147 (1950).
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A publication “by others” under pre-AIA Section 102
Patently-O
JANUARY 9, 2024
In finding the claims obvious, the lower court relied largely on a September 2007 press release from the patentee reporting positive Phase II trial results on using a particular dosage of rifaximin to treat IBS-D. ” Still, we’ll be litigating lots of pre-AIA cases the next decade. 8,309,569 and U.S. 10,765,667.
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Federal Circuit Takes Judicial Notice of Wayback Machine Evidence of Prior Art
IP Intelligence
AUGUST 31, 2021
06-CV-1909, 2007 WL 922306, at *5 (E.D.N.Y. Early case law required Wayback Machine captures to be authenticated with “testimony []or sworn statements” not only from an Internet Archive representative, but also from the owner of the website that the Wayback Machine captured. United States v. Gasperini , No. July 21, 2017); Novak v.
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[GuestPost] Opinion: Patent trolling threatens the market of taxi aggregators in Kazakhstan
The IPKat
AUGUST 16, 2021
Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. In 2007, another startup, Zimride, was launched in the United States. So what is going on?
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The ‘Taco Tuesday’ Tango
Biswajit Sarkar Copyright Blog
SEPTEMBER 12, 2023
On March 7, 2007, Gregory Hotel Inc, running a chain of restaurants. The phrase ‘Taco Tuesday’ has already become ubiquitous in the restaurant service industry and hence, it should not be protected for exclusive usage. Taco John further proposed Taco Bell and LeBron James to donate free tacos for the social cause. 3621366 in Class- 43.
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Can Celebrity Catchphrases be Intellectually Protected?
IIPRD
OCTOBER 28, 2023
She trademarked the term in February 2007, and since then, it has become her “signature catchphrase.” v] 2007 (34) PTC 164 (Karnataka). [vi] [ii] American media personality Paris Hilton used her now trademarked catchphrase “That’s Hot” in reality TV show The Simple Life routinely. iii] §13, The Coyright Act, 1957. [iv] 541 of 2019.
Intellectual Property Protections of Olympic Proportions: A Look at Tokyo 2020
IPilogue
AUGUST 19, 2021
Canada’s Olympic and Paralympic Marks Act (OPMA) was enacted in 2007 and includes a list of 39 protected Olympics-related marks in Schedule 1. IOC regulations are only one of the many sets of rules that surround the intellectual property (IP) of the Olympic Games.
Michigan City Resident Sues Numerous Retailers for Alleged Patent Infringement
Indiana Intellectual Property Law
AUGUST 13, 2021
Notably, it appears the ‘633 and ‘136 Patents are set to expire in November 2022, while the ‘471 Patent expired in November 2007 since the term for a design patent filed prior to May 13, 2015 is 14 years. D/580,633, D/581,136 , and D/341,471 (collectively, the “Patents in Suit”). Cross claims Defendants, Dick’s Sporting Goods Inc.
Skinny Label Safe Harbor
Patently-O
MAY 6, 2022
This situation was litigated most recently in GlaxoSmithKline LLC v. All three uses were patented, but by 2007, patents covering the second and third uses had expired. Certainly, the manufacturer would be liable for inducement if it encouraged off-label infringing use of its product. Teva Pharm. USA, Inc. , 4th 1320 (Fed. Teva Pharm.
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Copyright Infringement and Remedies in Nigeria
IPilogue
FEBRUARY 4, 2022
Rosemary Nkechi Ogueri is a litigation lawyer and a legal associate at Ogunwale & Associates Law Firm in Nigeria. In Okilo v Dick Francis and Anor (2003-2007) 5 I.P.L.R Photo by CQF-Avocat (Pexels).
Patent Law at the Supreme Court February 2022
Patently-O
FEBRUARY 24, 2022
The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. 118 (2007) where the Supreme Court found standing for a licensee to challenge a patent — and rejecting the Federal Circuit’s reasonable-apprehension-of-suit requirement. Genentech, Inc. , VLSI Technology LLC.
Patent Law 95
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Court Says “You May NOT Amend Your TOS by Posting New Terms to Your Site”–International Markets v. Thayer
Technology & Marketing Law Blog
OCTOBER 8, 2022
However, usually, if plaintiffs could provide some evidence of notice that was consistent with how the original contract said it would update the terms, courts would give them the benefit of the doubt, at least at the early stages of litigation. 2007) (per curiam). This was the key takeaway in Sifuentes v. See Douglas v. 3d at 10861.
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Protecting Product and Packaging Designs in China Part I – Trademarks
LexBlog IP
MAY 3, 2022
The refusals were eventually reversed by Beijing’s First Intermediate Court in late 2007, and Ferrero’s 3D mark was consequently registered. A registration certificate is proof of both ownership and trademark rights, which is always required in enforcement actions and is also the strongest form of evidence in civil litigation.
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The Supreme Court’s Unsettling Attempt at Settling the Debate on Section 63 of the Copyright Act
SpicyIP
MAY 23, 2022
Akshat is a lawyer currently litigating at the Patna and Delhi High Courts. Abdul Sathar v Nodal Officer, Anti-Piracy Cell, Kerala Crime Branch Office & Anr, 2007. Sureshkumar S/o Kumaran v the Sub Inspector of Police, 2007. The post is co-authored by Akshat Agrawal and Sangita Sharma. He has written for us earlier here.
Copyright 137
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WIPIP, Concurrent Session #1, Design
43(B)log
FEBRUARY 3, 2023
When Design Within Reach started, it said in its 2007 10K: “our competitors believe they have exclusive rights” in some of their proudcts, including some of their best selling items, which were reproductions. There’s not evidence of a litigation history of the few midcentury modern design patents, even though Herman Miller etc.
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Alleged Co-Inventor Not Bringing Home the Bacon This Time
LexBlog IP
NOVEMBER 9, 2023
In 2007, as part of Hormel’s quest to improve its process for creating precooked bacon pieces, Hormel met with David Howard and others from Unitherm to discuss processes and Unitherm’s cooking equipment. .” Supreme Court denied the petition, ending this litigation, but a number of questions remain.
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