IP Watchdog

MARCH 2, 2022

s suit against several standard-essential patent holders and their licensing agent, claiming violations of federal antitrust law and state law. Court of Appeals for the Fifth Circuit on Monday vacated and remanded a district court decision that had dismissed Continental Automotive Systems, Inc.’s

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The IPKat

FEBRUARY 23, 2023

This post discusses a recent patent case in which the Supreme People’s Court of China (SPC) awarded punitive damages upon post-settlement-agreement repeated infringement. Shelly: 'Oops!…You You did it again ?' Notably, ‘intentionally’ and ‘serious circumstances’ are the two key elements.

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LexBlog IP

JUNE 7, 2023

On 27 April 2023, the European Commission (the “ Commission ”) proposed a new regulation on the licensing of standard essential patents (the “ Proposal ”). [1] SEP holders seeking to license their SEPs for royalties and to enforce them in the EU would have to register the patents in a SEP register.

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IP Watchdog

APRIL 21, 2023

In late March, news broke that the European Commission was drafting sweeping regulations on the licensing of standard essential patents (SEPs). In its current form, the new regulatory framework would encourage increased transparency in SEP licensing through several new policies and procedures.

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IP Watchdog

DECEMBER 21, 2023

With respect to patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, 2023 saw many interesting developments.

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Licensing Government Patent Patent Infringement 59

IP Watchdog

SEPTEMBER 6, 2021

Despite these differences, we noted that these two concepts have often been treated interchangeably by courts, often leading to confusing results. Pursuant to appeal of that decision, however, the United States Court of Appeals for the Fifth Circuit has now addressed the photonegative question in HTC Corp.

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LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

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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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IP Watchdog

AUGUST 25, 2023

Patent and Trademark Office (USPTO) announced Friday it is extending the deadline on its Request for Comments on anticounterfeiting and antipiracy strategies by one month, to September 25, 2023; tobacco company Altria files a complaint against e-cigarette maker Juul alleging patent infringement of e-cigarette technology; a Trader Joe’s workers’ union (..)

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The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Another part of the round-up analyses EU copyright policy and mentions publications, meetings, resolutions, policy reports, statements and agreements of EU bodies and agencies and national IP offices.

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IP Watchdog

DECEMBER 9, 2022

This week in Other Barks & Bites: the Office of the United States Trade Representative says it supports delaying a decision to extend the waiver of IP rights under the TRIPS Agreement to diagnostics and therapeutics and orders an investigation be conducted on the matter by the U.S.

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IP Watchdog

JANUARY 7, 2022

This week in Other Barks & Bites: China unveils its goals for improving IP rights during the country’s 14th Five-Year Plan, even as the country’s copyright administration announces a ban on most exclusive music licensing deals; the Federal Circuit affirms the validity of Novartis patent claims over Chief Judge Moore’s dissent over the majority’s (..)

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LexBlog IP

NOVEMBER 30, 2021

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements. In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc.

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IP Watchdog

NOVEMBER 24, 2021

This week in Other Barks & Bites: the Supreme Court denies petitions for certiorari in cases over Lanham Act claims asserted by professional models against strip clubs using their likenesses in nightclub ads, as well as an appeal challenging the Eighth Circuit’s determination that a product’s expense doesn’t create higher buyer sophistication (..)

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IP Watchdog

DECEMBER 20, 2022

While 2022 was somewhat less eventful than 2021 in terms of significant developments in fair/reasonable and non-discriminatory (FRAND/RAND) licensing occurring in the United States, the past year still did not disappoint and underscores the continued and growing interest from government in the standards related patents space.

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Licensing Government Patent Patent Infringement 69

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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IP Watchdog

FEBRUARY 9, 2022

The appellate court for a second time ordered the district court “to make particularized determinations as to whether the third-party licensing information sought to be sealed should be made public.”.

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Licensing Patent Infringement Litigation Intellectual Property 69

SpicyIP

OCTOBER 3, 2021

Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in Articles 7 and 8 and how they find reflection in India’s Patent Act. Poster for Zolgensma.

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IP Spotlight

MARCH 23, 2020

This development has some manufacturers asking: Can we supply hospitals with personal protective equipment and ventilators in this time of COVID-19 response without risk of patent infringement? However, there are actions that manufacturers can take to mitigate their risk, including: Seek a license from the patent holder.

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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 Watchdog

SEPTEMBER 21, 2023

While the result is reasonable, the explanations provided by the court raise several questions.

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Licensing Patent Patent Infringement Litigation 52

Patently-O

JANUARY 16, 2022

Recent Headlines in the IP World: Blake Brittain: U.S. Chief Justice Roberts Pledges to Review Patent Venue Rules (Source: Reuters). Ryan Selby: PODA Granted US Patent for Closed Bottom Vaporizer Pod (Source: Cision). Nike Sues Lululemon for Patent Infringement Over Mirror Home Gym (Source: Global News).

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IP Watchdog

NOVEMBER 6, 2022

and Uniloc 2017 all lacked standing to sue Motorola and Blackboard for patent infringement because it was collaterally estopped by a previous decision in its case with Apple. Court of Appeal for the Federal Circuit (CAFC) affirmed a district court decision that Uniloc USA, Inc., Uniloc Luxembourg, S.A.

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IP Watchdog

SEPTEMBER 1, 2021

An inventor of a fundamental technology receives a patent less than three months after filing; despite the public disclosure of the patent, industry contemporaries fail to appreciate the invention’s significance for nearly two years; once appreciated, widespread adoption and infringement of the patent ensues.

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IP Watchdog

NOVEMBER 9, 2021

Those disclosing patented technologies to an SSO during the development of a standard commit to offering a license at a FRAND (which stands for Fair, Reasonable and Non-Discriminatory) rate to the extent the patent is essential, as explained by Curtis Dodd, Chief IP Counsel for Harfang IP, during the second panel of SEP 2021 yesterday, which focused (..)

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SpicyIP

DECEMBER 17, 2023

He is interested in IP law, and commercial and criminal litigation. From conflicting positions on AI as a co-author of a work to the contours of information required u/s 39 about the patent applications filed abroad, we had some engaging posts on this blog this week. Relying on the decision in Dominos Ip Holder LLC & Anr.

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IIPRD

OCTOBER 17, 2022

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. Trademark Infringement. Patent Infringement. Metaverse is based on various patentable technical infrastructures, including AR, VR, cloud computing, etc.

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IP Watchdog

MAY 26, 2022

“For 200 years, the world was getting along just fine without a policy statement on SEPs [standard essential patents],” said Andrei Iancu earlier this week at Patent Litigation Masters™ 2022, discussing Biden Administration attempts to revisit the 2019 SEP policy agreement among the U.S.

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IP Watchdog

APRIL 23, 2023

The European Union is reportedly considering sweeping new regulations for the licensing and litigation of standard essential patents (SEPs), which make fair-minded observers wonder whether any sane adults are in charge at the European Commission (EC).

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IP Watchdog

MAY 8, 2024

Additionally, the jury found G+ had not “breached its [fair, reasonable and non-discriminatory] FRAND obligation by failing to offer a license to the Asserted Patents to Samsung that was fair, reasonable, and non-discriminatory, and by failing to act in good faith regarding negotiations with Samsung as to a FRAND license covering the Asserted Patents.” (..)

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Intellectual Property Law Blog

APRIL 5, 2021

This article originally appeared in The Intellectual Property Strategist. Companies have historically turned to patent pools as vehicles for achieving shared objectives. A patent pool can be formed when a group of patent holders agree to pool their patents for some purpose. License on Transfer (LOT) Network.

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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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IP Watchdog

FEBRUARY 13, 2023

s patent on an isolated form of vitamin B3 are directed to unpatentable subject matter under Section 101. ChromaDex sells dietary supplements embodying the patent, which it licenses from Dartmouth College, and sued Elysium for patent infringement in 2018. Judge Prost authored the opinion.

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IP Watchdog

FEBRUARY 4, 2024

A recent decision out of the Eastern District of Texas sheds further light on Judge Rodney Gilstrap’s interpretation of a patent owner’s commitment to the European Telecommunications Standards Institute (ETSI) pursuant to ETSI’s Intellectual Property Rights Information Statement and Licensing Declaration (“the ETSI Licensing Declaration”).

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IIPRD

FEBRUARY 23, 2021

Businesses are turning towards their intangible assets, specifically their IP to finance their growth and further innovation. Pledging IP as collateral in a loan agreement is one of the many ways of IP-backed financing. Treasury and the UAW Retiree Medical Benefits Trust have also advanced IP backed loans.

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IP Watchdog

JANUARY 12, 2022

In Part I of this series of articles, we provided an overview of the 2013 and 2019 policy statements that preceded the 2021 Draft Policy Statement.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

As with any growing industry, cannabis stakeholders are eager to protect their valuable intellectual property (IP) rights, but their ability to obtain comprehensive IP protection and enforce their IP rights is sometimes in conflict with federal drug law. FDA Regulation. Pure Hemp Collective, Inc. ,

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