IP Tech Blog

MARCH 24, 2022

Consent Orders can be used in many situations, but often are used when an accused infringer has no desire to continue to import or sell the accused product and wants to avoid the cost of litigation over past conduct that has now ceased. The Recent Decision. While DeLorme appealed the penalty, however, the U.S.

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Litigation Patent IP Patent Infringement 62

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

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Litigation Law Patent Invention 82

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Newly promoted principals for 2022 are: Michael Ballanco focuses his practice on all aspects of patent infringement matters at the trial and appellate level. magna cum laude , from George Mason University School of Law in 2014 and his B.S., with honors from Emory University School of Law in 2014 and her B.S.

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Due Diligence Patent Prosecution Litigation Intellectual Property 59

IP Watchdog

AUGUST 5, 2021

In 2014, Mondis Technology, Ltd. Limited”) sued defendants for patent infringement over U.S. 7,475,180(“the ‘180 patent”), which claims a “display unit configured to receive video signals from an external video source.”

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Patent Infringement Patent Technology Litigation 124

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

LexBlog IP

MARCH 24, 2022

Consent Orders can be used in many situations, but often are used when an accused infringer has no desire to continue to import or sell the accused product and wants to avoid the cost of litigation over past conduct that has now ceased. ” The Recent Decision. While DeLorme appealed the penalty, however, the U.S.

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Litigation Patent Patent Infringement IP 52

The IP Law Blog

MAY 7, 2021

285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.” . As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.”

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Litigation Patent Infringement Patent Government 94

IP Watchdog

JULY 12, 2022

Tropp, who owns two patents relating to luggage lock technology that enables airport screening of luggage while still allowing the bags to remain locked, is asking the Court to answer the question: “Whether the claims at issue in Tropp’s patents reciting physical rather than computer-processing steps are patent-eligible under 35 U.S.C. §

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LexBlog IP

JULY 26, 2022

The litigation then moved to district court. At this point, Gamevice hired a new law firm that proceeded to litigate the same three patents that Gamevice had already lost on at the ITC, raising the question of whether this is zealous advocacy or frivolous litigation. C-13-159 CW, 2014 WL 4616847 (N.D. Google, Inc.,

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Litigation Patent Infringement Patent Law 52

IP Watchdog

FEBRUARY 8, 2022

On February 4, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed in part, reversed in part, vacated in part, and remanded a patent infringement decision of the U.S. Wi-LAN is the owner of two patents related to allocating bandwidth in a wireless communication system, U.S. Patent Nos.

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Patent Patent Infringement Technology Litigation 52

Patently-O

JULY 8, 2022

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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IP Watchdog

AUGUST 31, 2021

per 4G device to license its standard essential patents for mobile devices. per device for the patents under a 2014 licensing agreement, in 2016 the company independently assessed the value of Ericsson’s patents and ultimately proposed a rate of $0.10 Although HTC had previously paid Ericsson about $2.50

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Licensing Patent Patent Infringement Litigation 127

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. Supreme Court’s 2014 Octane Fitness LLC v. Since the U.S.

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Patent Litigation Patent Infringement Inventor 52

LexBlog IP

JANUARY 31, 2023

Jump Rope had sought a determination by the court as a whole that parallel civil litigation seeking to enforce those canceled claims was not moot and could proceed, potentially to an infringement judgment and consequent remedy. 1115 (2014). at 1299-1300. Baxter International, Inc. , 3d 1330 (Fed. 2013), cert. denied , 572 U.S.

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Litigation Patent Infringement Patent Art 52

Delaware Intellectual Property Litigation Blog

JULY 3, 2021

Stark, who served the District of Delaware well as Chief Judge since 2014. Connolly became Chief Judge in the United States District Court for the District of Delaware. Chief Judge Connolly assumed the role from the Honorable Leonard P.

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False Advertising Patent Infringement Advertising Advertising 75

IP Intelligence

MARCH 28, 2023

CLS Bank Int’l decision in 2014, patent eligibility under Section 101 of the Patent Act has been increasingly invoked in early motion practice. however, the Federal Circuit made a ruling that should give parties pause before moving, particularly in cases where the operative pleading only contains a subset of patent claims.

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Patent Invention Litigation Patent Infringement 52

LexBlog IP

SEPTEMBER 1, 2021

§ 285, a prevailing party in a patent infringement dispute may be awarded reasonable attorney fees in “exceptional cases.” ” In the Delaware district court litigation, Judge Andrews referred the motion to Magistrate Judge Hall to provide a recommendation regarding the fees. Autoliv, Inc.

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Intellectual Property Litigation Patent Infringement Patent 52

Patently-O

FEBRUARY 24, 2022

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The settlement also included a license to thousands of Qualcomm patents.

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Patent Law Law Patent Litigation 95

Trading Secrets

JANUARY 19, 2022

In April 2014 Foro contacted Vita through the generic contact form on Vita’s website to discuss building a deployment wheel for Foro’s laser, which it marketed as a multiconductor cutting tool. On July 29, 2014, the Parties executed a mutual Nondisclosure and Restricted Use Agreement (the “NDA”). Foro Energy, Inc. Code §§ 134A.001

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Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] Patent assertion finance today is a multibillion-dollar business. [2] 2] Virtually nonexistent in the patent space in the U.S. Patent assertion finance today is a multibillion-dollar business. [2]

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Litigation Reporting Settlement Government 125

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. 2014), Microsoft v.

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Licensing Contracts Patent Law Law 55

Intellectual Property Law Blog

APRIL 5, 2021

Here, the members can benefit from shared patent rights that allow them to focus more of their resources on developing their businesses and less on patent transactional and litigation expenses. The LOT Network is a well-known, nonprofit organization that was formed to protect companies from patent assertion entities.

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Patent Licensing Intellectual Property Technology 100

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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IP Intellectual Property Technology Publishing 52

LexBlog IP

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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IP Intellectual Property Technology Publishing 52

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. CLS Bank test. Zillow Ruling.

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Patent Technology Invention Art 57

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. CLS Bank test. Zillow Ruling.

Patent 59

Patent Technology Invention Art 59

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

The absence of a well-developed body of formal prior art raises the danger that the USPTO will issue invalid or overly broad patents due to very limited information or proof of prior use. Patent Litigation. The landscape surrounding cannabis patent litigation is uncertain at best. 208 (2014).

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LexBlog IP

AUGUST 31, 2021

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.

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Licensing Contracts Law Patent Law 52

Patently-O

MARCH 18, 2024

The Patent Act includes a 6-year statute of limitations, but as written it only applies to cut-off recovery for patent infringement — and does not apply to lawsuits to correct inventorship. 663 (2014). 286, is specifically limited to remedies for infringement. The plaintiffs filed their lawsuit in 2019.

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Patent Inventor Patent Infringement Designs 58

Patently-O

OCTOBER 4, 2021

Claim Preclusion (res judicata) prevents a party from re-litigating a claim once a court has issued a final judgment on that claim. Claim preclusion is powerful, in part, because it does not require the claim to be actually litigated (just be subject to the final judgment). Eldred , 206 U.S. 285 (1907). Eldred , 206 U.S. 285 (1907).

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Litigation Patent Infringement Patent Settlement 74

LexBlog IP

DECEMBER 30, 2022

Supreme Court have eroded the protection previously afforded by patents, particularly in the software industry. 2d 296 (2014) and Mayo Collaborative Servs. In sum, to the extent that trade secret protection displaces patent protection in some emerging technologies, trade secret litigation will continue to boom.

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Litigation Technology Invention Inventor 52

Patently-O

JANUARY 31, 2023

But it is a drop from 2014-2020. Figure 6 In addition to providing a picture of what’s being filed at the Federal Circuit, the docket dataset also allows us to match up the Federal Circuit decisions to other datasets of district court and PTO data, such as the USPTO Patent Litigation dataset and the Stanford NPE Litigation Dataset.

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Copying Litigation Intellectual Property Law Patent Infringement 71

Bio Law Blog

FEBRUARY 18, 2020

As companies continue to develop this new and promising therapy, patent litigation inevitably follows. The activity in the CAR T-Cell therapy space combined with the financial stakes involved will undoubtedly lead to a multitude of patent disputes. CAR T-Cell therapy, a new biologic therapy, is taking off. Jude’s U.S.

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Litigation Patent Licensing Patent Infringement 40

Patently-O

JANUARY 3, 2024

After an extended bit of patent litigation, the parties entered a 2014 settlement agreement that included a mutual covenant not to challenge each other’s patents again until 2021. After the Covenant Period expired, DexCom sued Abbott for patent infringement. Judges Dyk and Hughes were also on the panel.

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Patent Contracts Settlement Patent Infringement 63

SpicyIP

OCTOBER 23, 2023

Justice Bhat was amongst the few judges of the Delhi High Court to buck the trend and bring back some semblance of balance to intellectual property litigation. Take for example, the first ever pharmaceutical patent infringement case filed in India post India becoming a member of the World Trade Organisation.

Intellectual Property 52

Intellectual Property Government Law IP 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. 2014; resubmitted Oct. The House also advanced the Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act (H.R. BPCIA Litigation. Enbrel ® (Amgen).

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LexBlog IP

JANUARY 5, 2022

994 (2020) , a decision holding that the sovereign immunity of individual states prevented a copyright holder from recovering damages for infringement, I was a bit disheartened. 34,] 51-61[(2014) ]. In fact, it is sa id here even in judicial opinions, about patents no less. Cooper, 140 S.Ct. at 1011, 104 S.Ct.

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