JD Supra Law

MARCH 5, 2024

1: Initial Considerations - This is the first in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent litigation and facing a suit, especially one arising without the preparation period that a demand letter or other pre-litigation event might provide.

Litigation 66

Litigation Patent 66

JD Supra Law

SEPTEMBER 28, 2021

This new system will also create a new form of pharmaceutical patent litigation in China. China has recently unveiled its own version of a patent linkage system that has been highly watched by stakeholders and industry observers. By: Jones Day

Litigation 98

Litigation Patent 98

The IPKat

APRIL 1, 2024

Article 9(1) provides: " Any panel of the Court of Appeal shall sit in a multinational composition of five judges. 9(2) concerning decisions of the European Patent Office in carrying out the tasks referred to in Article 9 of Regulation (EU) No 1257/2012. However, this approach seems at odds with the principle enshrined in Art.

Art 67

Art Litigation Patent Law 67

JD Supra Law

APRIL 2, 2024

2: Finding Your Outside Team - This is the second in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent litigation, yet facing such a suit.

Litigation 56

Litigation Patent 56

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 25, 2022

Principal Ricardo Bonilla , Associate Adi Williams , and Summer Associate Aselsha Parchure wrote an article for IAM in which they discuss multi-district litigation (MDL) as a means to evade the implications of TC Headland. Read the full article on IAM.

Litigation 52

Litigation Patent 52

The IPKat

DECEMBER 26, 2023

As readers may be aware, Articles 18-22 of the Directive (EU) 2019/790 (DSM Directive) [IPKat coverage here ] establish protective measures for authors and performers that license or transfer the exclusive economic rights over their works and performances to third parties for the purpose of exploitation.

Contracts 62

Contracts Designs Design Copyright Law 62

IP Watchdog

APRIL 18, 2024

In patent litigation, damages issues are sometimes treated as an afterthought when compared to the issues of infringement and invalidity. However, achieving a client’s goals requires an attorney to place damages at the center of the litigation strategy from the very beginning. Damages, quite simply, can make or break a case.

Litigation 59

Litigation Patent Patent Infringement Intellectual Property 59

Trading Secrets

APRIL 4, 2022

Seyfarth partner Jesse Coleman and associate Kevin Green authored an IP Litigator article focused on a recent DTSA/TUTSA lawsuit which involved the public disclosure of alleged trade secret in an expired patent. Read the full article from the March / April 2022 edition of IP Litigator here.

Editing 59

Editing Litigation IP Patent 59

Technology & Marketing Law Blog

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” The post My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry appeared first on Technology & Marketing Law Blog. Free RSVP! I would welcome yours.

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IP Intellectual Property Journalism Settlement 103

IP Watchdog

MAY 25, 2022

Day two of IPWatchdog’s Patent Litigation Masters Program yesterday included panels on IP Finance, Mega Verdicts in Patent Litigation, Expert Witnesses and the Fintiv Saga. During the latter panel, former U.S.

Litigation 124

Litigation Patent IP Intellectual Property 124

JD Supra Law

MARCH 18, 2022

This article explains how a recent headline-grabbing case over rights in the 1994 film “Pulp Fiction” is a harbinger of NFT-related litigation to come. Originally published in USLaw Magazine - March 2022. By: Jones, Skelton & Hochuli, P.L.C.

Non-Fungible Tokens 110

Non-Fungible Tokens Litigation Publishing Marketing 110

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 12, 2022

Principals Matt Colvin and Betsy Flanagan authored an article for IAM outlining five strategies for startups and other early-stage companies to create patent portfolios that can stand up to litigation. Read the full article at IAM.

Litigation 81

Litigation Patent 81

Technology & Marketing Law Blog

AUGUST 31, 2021

One of the practices that has generated a sizeable number of disputes and rulings is the use of photos to illustrate articles. There is no shortage of articles being generated online, and often those content producers simply canvass the web to find a suitable photo. The article contained several of plaintiff’s photographs.

Fair Use 128

Fair Use Journalism Licensing Marketing 128

The IPKat

MAY 26, 2023

Last year, former GuestKat Jan Jacobi reported both the Warsaw District Court’s Referral to the CJEU and AG Rantos’ Opinion on the TB v Castorama Polska and Knor litigation (see IPKat posts here and here ). Article 4(a) refers to the ‘holders of intellectual property rights’ being entitled to apply for an Article 8 request.

Intellectual Property 67

Intellectual Property Cease and Desist IP Ownership 67

Patently-O

NOVEMBER 29, 2023

Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. The Federal Circuit dismissed Allgenesis’s appeal because Allgenesis failed to establish Article III standing to appeal. He has an extensive background in chemistry, food science, and viticulture.

Art 48

Art Business Patent Settlement 48

IP Watchdog

NOVEMBER 29, 2023

A Texas-based patent enforcement firm seeks an experienced patent litigator. While we are seeking a full-time candidate, we will consider alternative situations, reduced hours, etc., for qualified candidates. While the firm is based in Dallas, Texas, most of the work can be performed remotely.

Litigation 59

Litigation Patent IP 59

IP Watchdog

DECEMBER 3, 2021

Ramey & Schwaller is looking for a litigation attorney with 3-5 years of litigation experience in federal court. This is a fun, very active position with immediate exposure to all aspects of patent litigation. The full-time, permanent position, located in Houston, TX, will be handling cases from cradle to grave.

Litigation 116

Litigation Patent Intellectual Property IP 116

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. In the accompanying PatentlyO Bar Journal article, The AIA at Ten – How Much Does the Pre-AIA Prior Art Regime Still Matter?

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Art Journalism Patent Law Invention 125

The IPKat

JULY 14, 2022

The always-busy Katfriends at the Academy of European Law (ERA) in Trier have thus informed The IPKat that they are launching – in collaboration with Maastricht University – a new European Patent Litigation Certificate (EPLC) , which will run in person (in Trier) and online between September 2022 and July 2023.

Litigation 76

Litigation Patent Copyright Law Designs 76

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 25, 2022

In the July/August issue of IP Litigator , Fish Principal Daniel Tishman and Associate April Park discuss orders that highlight avenues for an early ruling at the ITC in two investigations: C ertain Digital Set-Top Boxes and Systems and Services Including the Same (Inv.

Litigation 65

Litigation IP Copying 65

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Fish attorney Kurt Glitzenstein spoke with The American Lawyer about Fish’s success on being the busiest patent litigation firm in the land. He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more.

Litigation 40

Litigation Technology Business Patent 40

IP Watchdog

JANUARY 1, 2023

Substantial patent litigation activity occurred in the mRNA space in 2022, involving nearly all of the major mRNA and lipid nanoparticle (LNP) pioneers. Since this is the most significant happening in this space with respect to IP in 2022, this post will provide an overview of that activity as well as a summary exposure analysis.

Litigation 125

Litigation IP Patent Patent Infringement 125

GDB Firm Blog

JUNE 24, 2021

An important issue in any litigation is "standing" — the right of a party to bring a suit in court.

Litigation 52

Litigation Patent 52

JD Supra Law

MARCH 10, 2023

101 in 2023 - Prosecution and Litigation Perspectives” at the firm’s annual three-day “Ski-LE” in Colorado. 101 in 2023 - Prosecution and Litigation Perspectives” include. Please see full article below for more information. Kilpatrick Townsend partners Megan Bussey and Karam J. Saab recently presented “35 U.S.C. §

Litigation 52

Litigation 52

IP Watchdog

OCTOBER 12, 2021

After a client prevails in patent litigation in the United States District Court for the District of Delaware, the client often wants to know whether it can obtain its attorneys’ fees from the opposing party. The answer is yes, but only if the court finds exceptionality under 35 U.S.C. § Although 35 U.S.C. §

Litigation 69

Litigation Patent Intellectual Property IP 69

IP Watchdog

NOVEMBER 4, 2021

Is patent litigation out of control? Has patent litigation ever been out of control? I initially started this research in 1997, while working on my Master’s thesis, which dealt with patent litigation and the use of alternative dispute resolution.

Litigation 119

Litigation Patent Reporting Intellectual Property 119

IP Law 360

MARCH 14, 2022

A recent Law360 guest article suggests that remote proceedings should be the default in civil litigation even after the pandemic, but courts should continue to give parties the option to appear in person because it can actually save long-term costs, prepare younger attorneys more effectively, and bring a necessary degree of seriousness to hearings, (..)

Litigation 75

Litigation 75

IP Watchdog

AUGUST 28, 2021

Last week, Patexia released its second annual ANDA Litigation Intelligence Report in which we covered the rankings, statistics and comprehensive analysis of abbreviated new drug application (ANDA) and Hatch-Waxman stakeholders. We couldn't help but notice the decline in ANDA filing activity that has begun, after reaching its peak in 2018.

Reporting 124

Reporting Litigation Patent Intellectual Property 124

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. In the accompanying PatentlyO Bar Journal article, The AIA at Ten – How Much Does the Pre-AIA Prior Art Regime Still Matter?

Journalism 104

Journalism Art Patent Law Invention 104

The IPKat

DECEMBER 13, 2021

A new referral to the CJEU from the Finish Market Court seeks clarification on the interpretation of Article 3(c) of the SPC Regulation with respect to combination products. Are combination products ruled out from SPC protection under Article 3(d)? Article 3 of the SPC Regulation is provided below (*) for reference.

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Invention Marketing Marketing Patent 73

IP Watchdog

FEBRUARY 8, 2024

On February 6, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Philpot v. Independent Journal Review reversing a ruling that an online reproduction of a photograph of singer-songwriter Ted Nugent constituted fair use.

Fair Use 105

Fair Use Journalism Registration Copyright 105

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).

Licensing 105

Licensing Patent Invention Patent Infringement 105

JD Supra Law

APRIL 12, 2022

District Judge Alan Albright of the Western District of Texas has become one of the Nation’s most influential judges for patent litigation. Since his appointment in 2018, U.S. Last December, he granted his first two motions under Section 101 of the Patent Act after denying many such motions during his first three years on the bench.

Litigation 98

Litigation Patent 98

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

JD Supra Law

SEPTEMBER 20, 2022

In a previous article, Litigating Spoliation Claims in Trade Secret Cases, we discussed the rise of spoliation in trade secret and restrictive covenant cases.

Litigation 52

Litigation Law 52

LexBlog IP

FEBRUARY 7, 2023

The Sedona Conference’s Trade Secret Working Group recently published an article titled “7 Ways To Approach The Difficulties Of Trade Secret Litigation” Crowell’s Mark Klapow is a member of the working. Read more at: [link]

Litigation 52

Litigation Publishing Privacy Intellectual Property 52

LexBlog IP

DECEMBER 19, 2023

An increasingly popular function of the ITC is serving as an alternate forum to litigate intellectual property disputes arising under Section 337 of the Tariff Act of 1930, as amended (19 U.S.C. § The ITC provides a lot of practical benefits over a traditional district court litigation.

Litigation 52

Litigation Patent Intellectual Property Patent Infringement 52