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? SEP Litigation Demonstrates Licensing Component Suppliers Would Increase Efficiency Some SEP owners have argued against licensing component suppliers under the pretext that it is more efficient to license end users.

Licensing 57

Licensing Litigation Technology Patent 57

Intepat

MAY 18, 2023

These standards are established due to the level of effectiveness that the invention might have achieved. Therefore, the need to obtain information as well as the license to use such technology is innately high, and this is where the concept of FRAND licensing comes in.

Patent 52

Patent Licensing Intellectual Property Technology 52

The IPKat

AUGUST 16, 2021

Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London.

Patent Troll 86

Patent Troll Marketing Marketing Patent 86

SpicyIP

JULY 5, 2021

Degrees), Regulations, 2016 and the UGC Act, 1956 which have mandatory application on the Universities. The RTI application was filed in 2019 in response to which the CPIO made the assertion that the scholar has a patent in the USA, on the invention discussed in his thesis. Intent to exclude versus Duty to disclose?

Patent Application 131

Patent Application Invention Confidentiality Copyright Law 131

The IPKat

DECEMBER 11, 2023

The Court of Justice of the EU (CJEU) has held that all IP enforcement measures must satisfy the general obligations laid down in Article 3 of Directive 2004/48/EC (the Enforcement Directive), including proportionality (see, e.g., Tommy Hilfiger (2016), at 36). This is also known as the “hold up” problem in the literature [e.g.

Patent Law 70

Patent Law Law Patent Invention 70

Larson & Larson

MARCH 25, 2021

These last for 20 years, during which time you can license the process to other companies for a fee or use the right to block others from using it entirely. The America Invents Act of 2011 allows people to challenge your patent within the first 9 months after the patent is granted. When You Get One. Things To Consider.

Business 52

Business Patent Invention Intellectual Property 52

Patently-O

AUGUST 3, 2023

Moderna asserts that it pioneered these innovations years before the COVID-19 pandemic and patented them between 2011-2016. Pfizer also asserts defenses based on implied license, waiver, and acquiescence stemming from Moderna’s public pledge not to enforce its COVID-19 patents during the pandemic. See Phillips v. 3d 1303 (Fed.

Patent 97

Patent Patent Infringement Copying Technology 97

SpicyIP

JULY 25, 2023

In both disputes, Justice Vibhu Bakhru of the Delhi High Court (DHC) had ordered that the Competition Commission of India (CCI) can intervene in patent licensing disputes under Sections 3 and 4 of the Competition Act – first in 2016 ( Ericsson v. CCI ) and then again in 2020 ( Monsanto v.

Patent 98

Patent Licensing Invention Marketing 98

IIPRD

FEBRUARY 16, 2024

Formula One can be perceived as an epicentre of inventions and innovations, making intellectual property indispensable in the sport. The Confidential information, which may be sold or licensed, is a Trade Secret and forms a part of Intellectual Property Rights. WHAT DO INTERNATIONAL CONVENTIONS SAY? 39 of the TRIPS agreement.

Intellectual Property 59

Intellectual Property Technology Confidentiality Journalism 59

43(B)log

FEBRUARY 3, 2023

Hughes: it was the Fairness in Music Licensing Act, not the DMCA, which was intertwined. Before 2016, appeared to be that these multipliers were impermissible punitive damages. In 2016, Leonard v. Lemley: Patent law uses the actual license amount; there’s no reason to use a multiplier when we actually know.

Copyright 59

Copyright Copying Music Fair Use 59

Fish & Richardson Trademark & Copyright Thoughts

MARCH 14, 2022

In 2012, the America Invents Act (AIA) created a mechanism for challenging patents outside of the district court through post-grant review proceedings before the Patent Trial and Appeal Board (PTAB), primarily inter partes reviews (IPRs). See, e.g., 3G Licensing, SA et al. Second, in Parallel Networks Licensing LLC v.

Litigation 52

Litigation Patent Art Licensing 52

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. In 2011 and 2016, Moderna filed several patents on its mRNA technology and vaccines, which issued in 2020 and 2021.

IP 52

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. In 2011 and 2016, Moderna filed several patents on its mRNA technology and vaccines, which issued in 2020 and 2021.

IP 52

IP Intellectual Property Technology Publishing 52

IP and Legal Filings

NOVEMBER 7, 2022

Intellectual property rights provide a negative right in other words a monopoly right to the creator or Inventor over their creation or Invention. 1776/2016 & 3556/2017 decided on 20 May, 2020. [7] Businesses can use this intangible right to gain a competitive edge in the market. UOI & Ors ,W.P.(C) CCI and Anr W.P.(C)

Patent Law 52

Patent Law Law Patent Intellectual Property 52

The IPKat

JULY 30, 2021

Then, in 2016, the Federal Supreme Court opened the door to a limited proportionality test in its landmark Heat Exchanger decision. The patent "bargain", according to which an inventor receives a temporary monopoly to reward their disclosure of a useful invention [ here , at 2], always had limits: an excessive reward was never foreseen.

Patent Law 95

Patent Law Law Patent Intellectual Property 95

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

In 2016, the size of the AI market was estimated at $8 billion. Concerns over patent assertion entities, that primarily asserted software patents, contributed to the enactment of the America Invents Act on Sept. Core Wireless Licensing S.A.R.L. , Licensing campaigns often focused solely on the use of an e-commerce portal.

Law 40

Law Patent Technology Art 40

43(B)log

JULY 15, 2022

Max Rack invented a piece of gym equipment, the Max Rack. For years, Max Rack sold Max Racks through licensing agreements with defendant Core. Freedom Rack remains the only machine on the market like the Max Rack; the plaintiff has not licensed another producer. Core Health & Fitness, LLC, 2022 WL 2751685, F.4th

Advertising 59

Advertising Advertising Licensing False Advertising 59

IIPRD

JANUARY 23, 2023

Often, the third-party sellers engage in selling, distributing and importing of patented product through Amazon channels without consent of the holder or license to sell that particular product. [2] LEXIS 111933 & 2016 U.S. Patent infringement can occur in both of these roles. 3] Mandour & Associates, supra note 1. [4]

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

Technology & Marketing Law Blog

JULY 22, 2021

The amended opinion adds several qualifications to Section 230’s scope, including: “Changes in the use of internet platforms now far outpace a law enacted before the invention of the smartphone.” 2016); Nat’l Numismatic Certification, LLC v. ” [Why say this? What basis does the court have to draw this inference?

False Advertising 141

False Advertising Contracts Editing Advertising 141

IIPRD

MARCH 21, 2024

Articles 40 and 30 of the TRIPS Agreement address limited exceptions to patent rights and anti-competitive activities in contractual licensing, respectively. CCI, 2016, and Monsanto v. Nascent Perspective of Court There is a plethora of rulings where the court has explicitly discussed the interface of IPR law and competition law.

Intellectual Property 98

Intellectual Property Law Licensing Intellectual Property Law 98

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 4, 2021

Yet 2020 saw a slowdown in biosimilar activity with the lowest number of annual biosimilar approvals since 2016 and fewer product launches than 2019—as well as a decrease in district court litigation and post-grant proceedings. 2016; resubmitted May 2018). September 23, 2016. August 30, 2016. April 5, 2016.

Settlement 52

Settlement Litigation Marketing Marketing 52

The IPKat

OCTOBER 7, 2021

Such inventions should in principle not be patentable in OAPI on the basis of Article 6.c After disputes between Monsanto and the Government about cotton fibre length (a determinant of international cotton prices), Bt cotton was no longer grown from 2016 onwards. Article 27.3.b

Patent 76

Patent Government IP Technology 76

SpicyIP

MAY 6, 2024

Novartis appeal and the MHC’s decision in Microsoft Technology Licensing v. The MHC in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs clarified the role of the ‘person skilled in the art’ (PSITA) in determining non-obviousness. Microsoft Technology Licensing LLC v. Controller of Patents.

Trademark 59

Trademark Invention Licensing Patent 59

IIPRD

FEBRUARY 23, 2021

The Department for Promotion of Industry & Internal Trade (Formerly, Department of Industrial Policy & Promotion) which is the nodal department of IPR, introduced a National IPR Policy in 2016. The National IPR Policy of 2016 has resulted in increasing IP registration since its inception. Objective 5.11.1 bn USD by Nokia.

IP 40

IP Intellectual Property Branding Brands 40

IP and Legal Filings

JANUARY 2, 2024

Therefore, rights in persona which include contractual rights, tort claims, family law rights, IP licensing , employment rights, etc., Therefore, rights in rem generally include property ownerships, mortgages, easements, intellectual property rights providing exclusive control over the use of inventions or distinctive symbols, etc.,

Intellectual Property 90

Intellectual Property IP Licensing Ownership 90

The IPKat

AUGUST 24, 2023

PI refused because of a prima facie lack of inventive step President of the Dutch-speaking Enterprise Court of Brussels, 14 October 2022, Biogen v. The OD of the EPO declared the patent invalid due to lack of inventive step in 2016, and the TBA confirmed that decision on 20 January 2022.

Litigation 52

Litigation Law Patent Invention 52

SpicyIP

JULY 13, 2023

Data from IP India Annual Report 2021-22 Data from IP India Annual Report 2016-2017 This number is more than twice the number of patents in force in 2017 (48,765), where the number of Indian patentees was 7,660 (6.36%) (as on 31 st March 2017).

Reporting 95

Reporting Patent Cease and Desist IP 95

Intepat

NOVEMBER 2, 2023

The extensive spectrum of discussions included diverse facets, from intellectual property filings to inventions, and ventured into the complex realms of legality, ethics, and geopolitics. He underlined that intellectual property is about more than simply production; it is also about solving social concerns with inventive solutions.

Intellectual Property 52

Intellectual Property IP Higher Education Technology 52

IIPRD

FEBRUARY 8, 2024

Moreover, IP rights are inherently territorial, creating problems for IP owners who use cloud computing, such as their patented inventions being used or infringed in multiple locations without their consent or knowledge. To exemplify, individuals or companies trying to open cloud services in China need a VATS license. 299, 33 I.L.M.

Intellectual Property 52

Intellectual Property IP Government Technology 52

LexBlog IP

DECEMBER 30, 2022

As a recent article by Quinn Emanuel’s Jordan Jaffe, Jared Newton, Patrick Curran and Anil Makhijani predicts, the importance of trade secret protection for AI will likely grow due to the fact that many AI-related inventions are implemented through software processes running on computer hardware.

Litigation 52

Litigation Technology Invention Inventor 52

Technology & Marketing Law Blog

AUGUST 30, 2021

In April 2016, the Second Circuit certified the question of New York law to the New York Court of Appeals (the highest court in New York). A trial was scheduled for November 2016. See Jessica Litman, The Invention of Common Law Play Right , 25 Berkeley Tech. The Tide Turns. For the specifics of that ruling, see my commentary.)

Blogging 83

Blogging Copyright Settlement Music 83

Patently-O

APRIL 8, 2024

3] There has been some generic entry, but Thomas indicated those were licensed entrants subject to a settlement agreement and so not infringing the patent. 162, 170 (2016). [3] I can’t stand before you and presently say we are aware that it’s happened in the last six years, but the possibl[ility exists]. [3] Hunt, 455 U.S.

Patent 44

Patent Invention Settlement Licensing 44

SpicyIP

DECEMBER 30, 2023

This will potentially impact the copyright licensing landscape insofar as filmmakers will have to enter into dedicated agreements to claim protection for works not listed within the scope of Section 17. The judgement was passed collectively in an appeal against 4 orders (two impugning the 2016 Ericsson v. the licensee.

IP 124

IP Copyright Trademark Intellectual Property 124

IIPRD

MAY 10, 2020

National Research Development Council(NRDC) was established by the Government of India with the primary objective to promote, develop and commercialize the technologies, inventions, patents, processes emanating from various R&D institutions or universities and is presently working under the Department of Scientific & Industrial Research.

Intellectual Property 40

Intellectual Property Patent Government Technology 40

SpicyIP

JULY 10, 2023

The defendant further submitted that while extending the term of the patent in the US, the plaintiff has accepted the suit patent for Regorafenib to be disclosed in the genus patent and later argued that the application for specie patent was rejected in Columbia and Argentina, for lacking an inventive step.

Registration 98

Registration Copyright Infringement Trademark Copyright 98

SpicyIP

OCTOBER 13, 2023

Recently, on September 15, the Delhi High Court set aside an order from the Indian Patent Office rejecting the patent application on the basis of the old CRI Guidelines, 2016. 3(k), especially regarding computer-related invention(CRI). Revised Guidelines for Examination of Computer Related Inventions, 2017.

Designs 105

Designs Design Patent Invention 105

SpicyIP

JANUARY 5, 2024

March-in rights are provisions that allow the government to require a license for inventions stemming from this investment, upon the fulfilment of certain conditions. The guidelines have added a consideration of factors that may “unreasonably limit the availability of the invention to the public.”

Invention 69

Invention Government Intellectual Property IP 69