SpicyIP

SEPTEMBER 29, 2021

Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Novartis obtained the patent for this “miracle drug” from its $8.7 Compulsory Licensing: Chinks in the Armor. Under the Patents Act, Section 84 speaks on the issuance of CLs when certain conditions are met. Akhil is a final year B.A.L.L.B.(Hons.)

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Licensing Government Invention Patent 119

The IPKat

AUGUST 8, 2022

A patent that protects technology which is essential to implementing a standard is known as a standard essential patent (SEP). doubled on average every five years between the early 1990s to 2014 [see here page 61, figure 10.1]. As of 2020, around 95,000 patents have been declared essential for the 5G standard.

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Government Publishing Patent Reporting 93

The IPKat

DECEMBER 7, 2021

A decade ago, patent trolls were all the rage in the patent world. If there was a rock-star matter in the patent world, it was the debate over trolls. It got this Kat to wonder: has patent trolling become such an ""oh so yesterday" subject? Patent Trolls, ?nd Patent trolling 2021—yes, no, or maybe?

Patent Troll 122

Patent Troll Patent Litigation Inventor 122

IP Intelligence

MARCH 16, 2022

1] Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in Russia with owners in foreign countries that Russia deems to be unfriendly. In that iteration, the patent holder was to be notified of the “taking” and offered proper compensation.

Patent 96

Patent Intellectual Property Government Invention 96

Olartemoure Blog

OCTOBER 27, 2023

Such contracts include -among others- technology licenses, trademarks or patents, as well as technical assistance or service contracts, or basic engineering contracts.

Contracts 52

Contracts Registration Technology Intellectual Property 52

SpicyIP

MARCH 15, 2024

This post does not, in any manner, get into the arena of willingness or unwillingness of defendants to enter into a licensing agreement. Background The Petitioner, InterDigital (“ID”), initiated patent infringement proceedings against Oppo, One Plus and Redme (“defendants”) concerning 8 standard essential patents.

Patent Infringement 59

Patent Infringement Settlement Patent Licensing 59

Patently-O

MAY 9, 2024

Nealy was incarcerated from 1989 to 2008 and again from 2012 to 2015 , and consequently was unaware that Butler had licensed their music without proper authorization. It was not until after his release in 2015 that Nealy discovered these unauthorized licenses, a revelation that came too late according to a straight three-year bar.

Copyright 89

Copyright Music Due Diligence Copyright Infringement 89

The IPKat

JUNE 21, 2022

The analysis is complemented by a case study of the MPEG-2 patent pool, as well as by suggestions for further avenues in economic research of IP. Cristof Augenstein follows with Chapter 3, where he discusses patent enforcement in Europe. The EU intervened with Directive 2014/26/EU and Directive (EU) 2019/790.

Intellectual Property 126

Intellectual Property Invention Social Media IP 126

Patently-O

AUGUST 26, 2022

2:21-cv-00126-JRG-RSP) (not available on line for free from what I can see) addressed an accused infringer’s argument that the assignment of the patent-in-suit from the sole inventor (Afana) to the plaintiff, Mobile Equity, was ineffective, and so the patentee lacked standing. Walmart (Case No.

Ownership 54

Ownership Inventor Patent Due Diligence 54

Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

Patent Law 95

Patent Law Law Patent Litigation 95

LexBlog IP

MARCH 16, 2022

1] Lost in the destruction and devastation inflicted on Ukraine and her people, is Russia’s effective nationalization of patents in Russia with owners in foreign countries that Russia deems to be unfriendly. In that iteration, the patent holder was to be notified of the “taking” and offered proper compensation.

Intellectual Property 52

Intellectual Property Patent Government Invention 52

The IPKat

JANUARY 27, 2022

The international registration of the given trademark is valid as of 1980; the Lithuanian designation was made in early 2014. The application had been rejected by the Patent Bureau, and by three instances of the Lithuanian courts. talk) and is licensed under the Creative Commons Attribution-Share Alike 3.0 Unported license.

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Trademark Registration Marketing Marketing 138

LexBlog IP

JUNE 20, 2023

A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments. Part One of this series covers claim scope and inventorship.

Patent 52

Patent Invention Art Intellectual Property 52

Patently-O

OCTOBER 3, 2021

TBL Licensing, LLC v Hirshfeld , Docket No. Lee , 1:13-CV-1464 AJT/JFA, 2014 WL 5500799, at *1 (E.D. 30, 2014) (parties “stipulated that the Court should resolve any material factual disputes without any further proceeding based on the summary judgment record.”). by Dennis Crouch. 1:21-cv-00681 (E.D. Jun 04, 2021).

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Trademark Registration Advertising Advertising 131

The IPKat

OCTOBER 7, 2021

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? This undertaking obliges SEP owners to be prepared to licence their patents on Fair, Reasonable and Non-Discriminatory (FRAND) terms.

Licensing 57

Licensing Litigation Technology Patent 57

Patently-O

SEPTEMBER 24, 2023

Caddo asserted infringement of six patents relating to user interface navigation methods against Siemens. In defending its actions, Siemens argued that the Microsoft.NET license provided a complete shield. In defending its actions, Siemens argued that the Microsoft.NET license provided a complete shield. 117 (2014).

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Settlement Licensing Privacy Business 92

Patently-O

APRIL 11, 2022

In Niazi Licensing Corp. 898 (2014). Patent law’s definiteness requirement is derived from the requirement that patent claims “particularly pointing out and distinctly claiming the subject matter” of the invention. Jude Medical S.C., ” Nautilus, Inc. Biosig Instruments, Inc. , 26(a)/(e).

Patent 83

Patent Reporting Licensing Designs 83

IP and Legal Filings

NOVEMBER 7, 2022

In the fast growing economy, innovation is necessary for businesses and Patents as an intellectual property rights protects that innovation. There has to be a perfect balance between patents law and competition law to provide economically meaningful monopolies. [3] Which will result into innovation in dynamic competition.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

Patently-O

FEBRUARY 9, 2022

See Resorbing Patent Law’s Kessler Cat into the General Law of Preclusion. 208 (2014) (quoting Mayo ). The patents at issue here are part of the patentee’s “True Name” family. ‘310 Patent, Claim 24. That case has seen some action and is awaiting the views of the Solicitor General.

Patent 58

Patent Invention Settlement Technology 58

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area.

Licensing 54

Licensing Contracts Patent Law Law 54

Chicago IP

MAY 12, 2021

30(b)(6) notice in this patent dispute. The Court limited the temporal scope of the deposition to 2014 (before the patent’s filing date and Carjams’ first accused sales). The Court allowed a topic seeking information about all license agreements for the asserted patents or similar patents.

Patent 40

Patent Patent Application Art Licensing 40

The IPKat

SEPTEMBER 23, 2022

Over to our Belgian Katfriends : " While 2022 is in full swing with high levels of business in the Belgian courts, 2021 was a quieter year for patent litigators in Belgium. 25 EPC, and the disappearance of the cautio iudicatum solvi that was sometimes required from foreign plaintiffs launching (patent) proceedings in Belgium.

Litigation 82

Litigation Law Patent Invention 82

SpicyIP

JUNE 28, 2023

Subsequent to the tabling of the report, the UPA government never really made a push for the legislation and it was withdrawn from the Rajya Sabha by the Modi government in December 2014. This was a serious issue in the United States for some COVID vaccines that were funded through grants from the American government.

Government 98

Government Invention Contracts Intellectual Property 98

43(B)log

AUGUST 20, 2021

It alleged that RM enticed Holsinger to sign the agreement by falsely representing that two generations of the product were patented, when it knew the patent lapsed in 2014 due to failure to pay maintenance fees. Click HERE to review the patent. Holsinger to trust them and rely upon them when he signed the agreement.

False Advertising 45

False Advertising Advertising Advertising Patent 45

Patently-O

JANUARY 4, 2024

Winston Strawn Plagiarism Complaint Winston Strawn Plagiarism Attachments I recall being asked to draft my first patent infringement complaint back in early 2003 – a few months after graduating from law school. 2014), a district court judge addressed the issue of copyright infringement in the context of legal briefs.

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

IP Tech Blog

NOVEMBER 2, 2022

Kollective Technology ) that reversed a lower court dismissal of a patent infringement case on Section 101 eligibility grounds under the Supreme Court’s 2014 Alice Corp. Zillow ruled on another appeal from a dismissal on eligibility grounds in a case also involving IT patents. One of the patents at issue here ( U.S.

Patent 57

Patent Technology Invention Art 57

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 22, 2021

However, broadly integrating cellular technology into automotive products may implicate Standard Essential Patents (SEP) and Fair, Reasonable, and Non-Discriminatory (FRAND) licensing issues. Patents covering technologies that are essential for implementing a technological standard are known as Standard Essential Patents (SEP).

Licensing 52

Licensing Intellectual Property Law Technology 52

Patently-O

JANUARY 28, 2024

by Dennis Crouch Ficep begins its petition for certiorari with a brilliant statement of how its patented steel manufacturing method has won numerous awards and complements for its innovative approach, been copied by competitors, and led to numerous successful sales. There was successful litigation and licensing. 208 (2014).

Technology 80

Technology Invention Designs Design 80

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.

Licensing 52

Licensing Contracts Law Patent Law 52

LexBlog IP

NOVEMBER 2, 2022

Kollective Technology ) that reversed a lower court dismissal of a patent infringement case on Section 101 eligibility grounds under the Supreme Court’s 2014 Alice Corp. Zillow ruled on another appeal from a dismissal on eligibility grounds in a case also involving IT patents. One of the patents at issue here ( U.S.

Patent 59

Patent Technology Invention Art 59

LexBlog IP

APRIL 25, 2023

Stephen Thaler was appealing a Federal Circuit decision that interpreted the Patent Act to require a human “inventor” for purposes of obtaining a patent. The invention at issue was conceived of by Thaler’s AI model DABUS and not by a human, dooming its chances of obtaining patent protection. Tatham , 55 U.S. (14

Derivative Work 52

Derivative Work Invention Copyright Law Copyright 52

The IPKat

NOVEMBER 14, 2022

However the two recent posts of this very same blog, one on the preliminary opinion of EBA on plausibility (G2/21, here ), the other on the requisite of sufficiency of disclosure for a first medical use patent (T0424/21, here ) have removed any doubt on whether or not to try and cover it.

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IP Marketing Marketing Confidentiality 76

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

Biswajit Sarkar Copyright Blog

MAY 7, 2021

Just like other patents, the patent protection on Blockchain also achieves exclusive rights to its inventor or assignee in exchange of details about the blockchain invented to be released in the public domain. In recent times, globally more and more patent applications are being filed for blockchain technology.

Technology 52

Technology Patent IP Invention 52

IP and Legal Filings

FEBRUARY 9, 2023

Another section laying out for compulsory licensing for facilitating benefit to disabled is section 31B, where such person or individual acting in pursuit of facilitating benefit to people with disability on a profit basis or business can request the court for compulsory license to publish copyrighted works. 3d 87 (2d Cir.

Copyright 76

Copyright Contracts Copying Licensing 76

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

Principal Adam Shartzer and Associate Josh Carrigan authored Expert Analysis for Law360 examining a fee-shifting statute for patent cases that allows prevailing parties to recover their reasonable attorney fees in exceptional patent infringement cases. A fee-shifting statute for patent cases under Title 35 of the U.S.

Patent 52

Patent Litigation Patent Infringement Inventor 52