Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. PDF copy available.

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Intellectual Property Technology Journalism IP 52

IPilogue

NOVEMBER 1, 2022

A mounting concern, however, was that the ability for anyone to download a physical 3D object may pose problems for IP rights. While the pandemic made it unattractive for patent holders to enforce their rights , it was important to consider possible avenues to ensure that IP does not hinder emergency response. Ballardini et al.

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IP Intellectual Property Licensing Journalism 120

The IPKat

FEBRUARY 23, 2023

In the fight against intellectual property rights (IPRs) infringements, China does not consider punitive damages as a taboo. During the validity period of the patent, one of the two defendants,** ‘Baijia store’, sold Jin’s patented products without permission. On the contrary: it has embraced them as a useful tool.

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Settlement Patent Infringement Patent Intellectual Property 70

IPilogue

SEPTEMBER 13, 2021

Bonnie Hassanzadeh is an IP Intensive student and 3L JD Candidate at Osgoode Hall Law School. As part of the IP Innovation Clinic’s involvement in the inaugural year of Mitacs’ Business Strategy Internship program, Bonnie completed an internship at Bereskin & Parr LLP under the direct supervision of Reshika Dhir.

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Business IP Intellectual Property Law Intellectual Property 115

IP Watchdog

MAY 9, 2022

Most companies are aware of the potential patent infringement liability for sales made in the United States but may not know that liability for infringing a U.S. patent can also extend to the processes used to make their product—even when manufacturing is done entirely outside the United States by a contract manufacturer.

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Patent Infringement Patent Contracts Technology 122

IP Watchdog

JUNE 12, 2022

As part of the four-day meeting, discussions around the latest text of the proposal to waive intellectual property (IP) rights under the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) for COVID-19 vaccine technology will take place around the clock, and it is expected that some agreement will be reached.

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Intellectual Property IP Technology Patent Infringement 122

LexBlog IP

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. ” Thus, the prior-art design must be applied to the article of manufacture identified in the claim. Background Columbia asserted U.S.

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Art Design Patent Designs Design 52

IPilogue

JULY 26, 2022

Richard De Almeida is an IP Innovation Clinic Fellow and a 3L JD candidate at Osgoode Hall Law School. On Monday July 18, I attended the Bereskin & Parr Virtual Open House to learn about practising there and in intellectual property in general. 1) Legal Compass: What its like to work in IP and B&P.

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IP Law Intellectual Property Patent Infringement 118

IPilogue

JANUARY 4, 2023

The leaked portion pertains to the trade of intellectual property between the two countries. The impugned IP portion of the proposal outlines demands by the UK to harmonize India’s patent and drug regulatory laws with those of the UK. 10 of the IP chapter of the leaked proposal effectively prohibits pre-grant oppositions.

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IP Watchdog

NOVEMBER 15, 2021

The complaint alleged that Scientific Games, through its acquired entity, SHFL Entertainment, brought patent infringement litigation in 2009 and 2012 based on fraudulently obtained patents for automatic card shufflers used in licensed casinos. The plaintiffs had sued Scientific Games Corp.

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Patent Infringement Patent Litigation Licensing 119

IP Watchdog

MAY 14, 2024

This is the reality for intellectual property rights, which are time-limited by law, a condition established by the U.S. After 20 years, as the house passed into the public domain, you might continue to live there, but its investment or resale value would effectively become zero. Constitution.

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Public Domain Intellectual Property Ownership IP 69

IP Watchdog

JANUARY 12, 2022

While all three panelists agreed that the IP waiver discussion has become a distraction that will not solve the fundamental problems, Iancu and Kappos were especially passionate that the precedent set by the U.S. government’s decision to back the proposal could do very real harm, rather than good.

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IP Intellectual Property Technology Trademark 124

Patently-O

AUGUST 15, 2021

Recent Headlines in the IP World: Atty. Abigail Smith: FCA Upholds Reconsideration Decision Maintaining $100M+ Award Against Apotex for Cefaclor Patent Infringement (Source: JD Supra). Kara Eyer: Sheppard Mullin Adds Intellectual Property Team in Washington, D.C. Commentary and Journal Articles: Atty.

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Journalism Intellectual Property Patent Patent Infringement 81

IP Watchdog

APRIL 17, 2023

This week in Washington IP news, the Senate and House are back in session and holding a variety of hearings on departments’ 2024 budget requests, including for the Department of Commerce and the National Science Foundation (NSF).

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Government IP Patent Infringement Patent 109

Patently-O

AUGUST 1, 2021

Recent Headlines in the IP World: Mike Peterson: Apple Hit with Patent Infringement Lawsuit for Selling a Smart Water Bottle (Source: Apple Insider). Piya Jain: The Benefits of Outsourcing Patent Activities for Life Science Companies in a Changing IP Landscape (Source: IAM). Commentary and Journal Articles: Atty.

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Patent Inventor Journalism Intellectual Property 115

IP Watchdog

SEPTEMBER 28, 2023

Twenty-five intellectual property luminaries sent a letter today to several members of Congress asking them to beware of misleading and inaccurate assertions by “activists and academics” that government price controls on drugs will lead to lower costs for consumers.

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Government Intellectual Property IP Patent Infringement 124

IP Watchdog

MARCH 15, 2022

In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. The plaintiffs have alleged that Moderna infringed U.S. and ModernaTX, Inc.

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Patent Infringement Patent Technology Litigation 133

IP Watchdog

MARCH 15, 2024

Patent and Trademark Office (USPTO) and U.S. Copyright Office (USCO) release a joint study on the IP implications of non-fungible tokens (NFTs); The New York Times Company denies “hacking” ChatGPT; and Caltech and Microsoft settle a wi-fi patent infringement case.

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Non-Fungible Tokens Patent Infringement Trademark Patent 52

IP Watchdog

MARCH 8, 2023

government’s recent statement of interest filed in a patent infringement suit against Moderna’s COVID-19 vaccine. That statement argued that Moderna should be released from infringement liability under the terms of a government contract that “authorize[d] and consent[ed] to all use and manufacture” of any U.S.

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Patent Infringement Government Patent Contracts 105

Kashishipr

MARCH 16, 2022

The term ‘ Intellectual Property (IP) ‘ is like the term ‘Organic’ to some extent, i.e., people across the globe possess some knowledge as to what it means but aren’t crystal clear on its specific details. If any unauthorized person tries crossing that fence, it is referred to as IP Infringement.

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IP Invention Intellectual Property Registering Trademarks 98

IP Watchdog

MAY 7, 2024

Intellectual property litigation in the 21st century has brought to the fore systems for asserting infringement in which IP owners may be spared some of the huge expense of litigation by “routing” extra-judicial enforcement activities through a third party.

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Intellectual Property Litigation IP Patent 64

The IPKat

MARCH 6, 2022

It's time for a weekly review of posts from the surrounding IP blogs over the past week! In addition, potential and tangible intersections between intellectual property and these trending topics were recently discussed by The Trademark Lawyer Magazine. This article provides an overview of the current trends in the U.S.

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Blogging Non-Fungible Tokens IP Intellectual Property 85

IP Watchdog

FEBRUARY 17, 2023

government, not Moderna, bears liability for potential patent infringement in ongoing COVID vaccine case; and Canada Announces funding restrictions to protect IP. Department of Justice states that the U.S.

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Patent Infringement Government Patent Technology 106

Patently-O

SEPTEMBER 13, 2022

Recent Headlines in the IP World: Carmel Wroth and Joe Palca: Moderna Suing Pfizer, BioNTech for Patent Infringement in Development of COVID-19 Vaccine (Source: NPR). Sean Silcoff: BlackBerry’s US$600-Million Patent Sale in Doubt as Canadian-Led Lending Syndicate Bails (Source: The Globe and Mail). Source: Forbes.

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Intellectual Property Patent Journalism Patent Infringement 68

Patently-O

MARCH 13, 2022

Recent Headlines in the IP World: Blake Brittain: Patent Judge Leaves U.S. Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily).

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Patent Prosecution Intellectual Property Patent Journalism 68

IP Watchdog

JUNE 22, 2023

Court of Appeals for the Federal Circuit (CAFC) ruled in a nonprecedential opinion that a Florida district court correctly dismissed a UK-based patent owner’s infringement case after he willfully disobeyed the court and disrupted the enforcement of a court order.

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Patent Infringement Inventor Patent Technology 64

LexBlog IP

JANUARY 5, 2022

Seeing no immediate litigation alternative, I called for “common sense Congressional legislation to make States directly liable for damages for copyright infringement,” because I felt it unfair that, after Allen , copyright owners “would find themselves defenseless from state-sponsored copyright piracy.”

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Intellectual Property Government Invention Copyright 52

IP Watchdog

JANUARY 10, 2022

In that ruling, the Federal Circuit found that Apple’s choice to enter a patent licensing agreement with Qualcomm covering the patents-at-issue extinguished Article III standing as to Apple’s appeals from the Patent Trial and Appeal Board (PTAB).

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Licensing Patent Invention Patent Infringement 105

IP Watchdog

MARCH 2, 2022

Continental appealed, but the Fifth Circuit said Continental’s claims should have been dismissed for lack of Article III standing because it had not proven that the SEP holders had “denied Continental property to which it was entitled and that Continental thereby suffered a cognizable injury in fact.”.

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Licensing Law Patent Patent Infringement 111

Patently-O

OCTOBER 23, 2022

Recent Headlines in the IP World: Ian Pedersen: AgriFORCE Granted Patent from the United States Patent and Trademark Office Related to its Automated Growing Facility, FORCEGH+ (Source: Yahoo Finance). Supantha Mukherjee and Stine Jacobsen: Nokia, Ericsson Slump as Patent Fights Hit Margins (Source: Reuters). Larus, Atty.

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Intellectual Property Patent Journalism Litigation 52

IIPRD

OCTOBER 17, 2022

In the present case too there will be many legal issues related to Intellectual Property. There is an urgent need to shed some light on intellectual property infringement in this virtual world which will be dealt with further in the article. Intellectual Property and Metaverse.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

IP Watchdog

MARCH 20, 2023

For well over a year, Senator Elizabeth Warren (D-MA) and some members of Congress have engaged in a campaign to urge the Health and Human Services Secretary Xavier Becerra to break patents on pharmaceuticals to lower drug prices by invoking a century-old statute, Title 28 of the U.S.

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Patent Infringement Patent Contracts Government 110

IP Watchdog

FEBRUARY 2, 2023

Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S. Patent and Trademark Office (USPTO).

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Inventor Technology Patent Trademark 126

IP Watchdog

JULY 29, 2021

The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as a huge problem. Patent and Trademark Office (USPTO) Director Andrei Iancu left the building.

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Intellectual Property Patent Invention Patent Infringement 144

The IPKat

AUGUST 19, 2021

Book release PermaKat Eleonora Rosati's article-by-article commentary to the DSM Directive 2019/790 has just been released. Courses The Queen Mary Foundation level courses for UK trainee patent and trade mark attorneys are running again this year, with a registration deadline of 23 August 2021. Registration is available here.

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Intellectual Property Registration IP Patent Infringement 62

LexBlog IP

JANUARY 10, 2022

. § 1337 (“Section 337”) to investigate and address unfair acts and unfair competition in the importation of articles into the United States. Despite its effectiveness as a forum for patent owners, the ITC receives a limited number of complaints compared to the U.S. In comparison to litigating in U.S.

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False Advertising Intellectual Property IP Patent Infringement 52

IP Watchdog

MAY 23, 2024

Applications for design patents have surged in recent years, with the U.S. Patent and Trademark Office (USPTO) reporting a 20% increase in applications over the last five years.

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Design Patent Designs Design Intellectual Property 59