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Patent Law at the Supreme Court February 2022

Patently-O

20-891 (CVSG requested May 3, 2021); Res Judicata and the Patent-Specific Kessler Doctrine : PersonalWeb Technologies, LLC v. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. The fourth and final case with a pending CVSG is Olaf Sööt Design, LLC v. Neapco Holdings LLC, et al. ,

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I was already like this before you got here: prior use as an exception to patent infringement

Garrigues Blog

In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. The right of prior use is set forth in article 63 of the current Patents Law of 2015, the wording of which is practically identical to that of article 54 of the earlier Patents Law of 1986.

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Dastar bars false advertising claim against "first of its kind" ads

43(B)log

Dastar explicitly stated that the Lanham Act “does not exist to reward manufacturers for their innovation in creating a particular device” and that the Act’s “common law foundations. were not designed to protect originality or creativity.” “Yet 6:12-CV-499, 2014 WL 11848751, (E.D. 6:12-CV-499, 2014 WL 11829325 (E.D.

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Safe Skies Eligibility Petition

Patently-O

David Tropp sued Travel Sentry for patent infringement back in 2006. That was the same year that I first taught a patent law class. Back then, eligibility was almost an unknown concept in patent litigation. 208 (2014). 101, as interpreted in Alice Corp Pty v. CLS Bank Int’l , 573 U.S. Tropp Petition.

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District Court Denies Defendant’s Motion for Attorney’s Fees Even After Granting Clear Summary Judgment on Noninfringement Grounds

The IP Law Blog

As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.” Under the Federal Circuit’s holding in Octane Fitness, LLC v. ICON Health & Fitness, Inc. , ” . .”

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Guest Post by Prof. Contreras: HTC v. Ericsson – Ladies and Gentlemen, The Fifth Circuit Doesn’t Know What FRAND Means Either

Patently-O

FRAND licensing commitments are designed to alleviate the risk that SEP holders will prevent broad adoption of a standard by asserting their patents against manufacturers of standardized products. Ericsson and HTC entered into three such licensing agreements in 2003, 2008 and 2014. 2014), Microsoft v. Apportionment.

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Fifth Circuit Affirms That Ericsson’s Offers to HTC Complied With ETSI FRAND Commitment (HTC v. Ericsson)

LexBlog IP

Ericsson and HTC had entered cross-license agreements in 2003, 2008 and 2014. Under the 2014 license agreement, HTC paid Ericsson a lump sum of $75 million regardless of HTC’s phone sales, which effectively was $2.50 In 2016, just before the 2014 license expired, HTC and Ericsson began negotiating renewal of the license. .”