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Patent Law at the Supreme Court February 2022

Patently-O

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

The IP Law Blog

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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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.

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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

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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From Saving the World to Fighting Over IP: Moderna and Pfizer/BioNTech

The IP Law Blog

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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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. .”

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Inventorship Correction Affirmed for Patent on Intermodal Container for Transporting Gaseous Fluids

Patently-O

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. This ruling aligned patent law with the Court’s prior decision in Petrella v. 663 (2014).

Patent 57