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 57

Litigation Patent Patent Infringement Intellectual Property 57

IP Watchdog

NOVEMBER 29, 2023

A Texas-based patent enforcement firm seeks an experienced patent litigator. We are not a "volume" firm but instead selectively accept a small number of patent enforcement cases with the intent of taking the cases deep through resolution, including trial and appeal. for qualified candidates.

Litigation 57

Litigation Patent IP 57

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 68

Litigation Patent 68

Technology & Marketing Law Blog

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

Publishing 69

Publishing Intellectual Property Litigation IP 69

IP Watchdog

SEPTEMBER 13, 2022

During Day two of IPWatchdog LIVE in Dallas, Texas, a panel of attorneys discussed a range of topics related to litigating patents in Texas, particularly the recent order from the Chief Judge for the Western District of Texas, which requires patent cases filed in the Waco Divison to be randomly assigned to one of 12 district court judges.

Litigation 117

Litigation Patent Law Technology 117

The IPKat

APRIL 1, 2024

The UPC Court of Appeal in Luxembourg Amidst the humblebrags and #blessed postings, LinkedIn these days is also full of posts on stats from the Unified Patent Court (UPC). Article 9(1) provides: " Any panel of the Court of Appeal shall sit in a multinational composition of five judges. In those cases, the panel is 3 LQJs.

Art 67

Art Litigation Patent Law 67

Patent Trademark Blog

MAY 9, 2024

Does your product infringe a patent? Patent infringement can be tricky, but not incomprehensible. No single article can tell you everything you need to know about infringing patents, but I hope you will gain some wisdom from reading this post. Need help to avoid infringing patents?

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Patent Infringement Design Patent Patent Designs 52

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.

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Litigation IP Patent Patent Infringement 124

IP Watchdog

NOVEMBER 4, 2021

Is patent litigation out of control? Has patent litigation ever been out of control? What is not nuanced are the numbers reported in the annual reports from the Administrative Office of the United States Courts, which shows that the number of patent cases that reach trial are extremely few.

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Litigation Patent Reporting Intellectual Property 116

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 58

Litigation Patent 58

The IPKat

JULY 14, 2022

It looks like, after quite some time, the Unified Patent Court is soon to become a reality. For more information and to register for the European Patent Litigation Certificate course, please click here. Student life presents its challenges.

Litigation 76

Litigation Patent Copyright Law Designs 76

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

IP Watchdog

JUNE 19, 2023

The impact of the long-awaited launch of the Unified Patent Court (UPC) is hard to overstate. While litigators and patent portfolio managers are immediately feeling the impact in Europe, surprisingly, they should also expect an impact on information disclosure statement (IDS) strategy for U.S. patent applications.

Patent Application 119

Patent Application Patent Litigation Patent Prosecution 119

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

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

LexBlog IP

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

Litigation 52

Litigation Patent Intellectual Property Branding 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 67

Litigation Patent Intellectual Property IP 67

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. A new prohibition on double patenting?

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Litigation Law Patent Invention 82

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Art Journalism Patent Law Invention 125

IP Watchdog

APRIL 28, 2022

With an average 33 Patent Trial and Appeal Board (PTAB) filings (one post grant review, the rest inter partes reviews[IPRs]), a relatively high number (89) of district court terminations (including some high-profile settlements), and a somewhat low number (63) of suits this week, we are rolling into May. Chief Judge Connolly of the U.S.

Litigation 98

Litigation Patent Settlement Intellectual Property 98

Patently-O

NOVEMBER 29, 2023

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. 10,149,820 (the ‘820 patent). Allgenesis petitioned for IPR of all eleven claims of the ’820 patent.

Art 48

Art Business Patent Settlement 48

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 Editing 103

LexBlog IP

DECEMBER 19, 2023

The big patent news this holiday season involves a purported ban on the new Apple Watch. In October 2023, the International Trade Commission (the “ITC”) ruled that the blood oxygen monitoring features in these devices infringed a patent from Masimo, a medical device company. 337-TA-1266).

Litigation 52

Litigation Patent Intellectual Property Patent Infringement 52

IP Watchdog

JULY 22, 2022

The major streaming companies, including Disney, challenged WAG Acquisitions [of Woodsford Litigation Funding] patents before the Board; SharkNinja challenges Bissel patents on vacuum cleaners; and FedEx challenged patents owned by Raymond Anthony Joao’s ultra-litigious Transcend Shipping.

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Litigation Patent Patent Infringement Government 109

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 113

Litigation Patent Intellectual Property IP 113

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Journalism Art Patent Law Invention 104

IP Watchdog

SEPTEMBER 13, 2022

The gamesmanship that plays out on both sides of the “v” was on the examination table during “Gaming the Patent Litigation System: Value, Venue, Verdicts & Villains,” one of the panels taking place on the first day of IPWatchdog LIVE 2022. patent system that should be addressed to reduce uncertainty for all litigants.

Litigation 70

Litigation Patent IP 70

IP Tech Blog

MARCH 24, 2022

Powerful remedies, particularly General Exclusion Orders, are often cited as a reason why patent owners should consider asserting their patents at the U.S. Recently, in its fourth decision in a patent infringement dispute between DeLorme and BriarTek IP, the U.S. District Court. The Recent Decision.

Litigation 62

Litigation Patent IP Patent Infringement 62

IP Watchdog

NOVEMBER 30, 2021

Earlier this year, the European Patent Office (EPO) updated some of its Guidelines for Examination in a way that potentially could affect U.S. patent litigation. Guideline F-IV 4.3 particularly focuses on the form, contents, and clarity of the claims.

Litigation 106

Litigation Patent Prosecution Patent Patent Application 106

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

IP Watchdog

JANUARY 10, 2022

Supreme Court to review the Federal Circuit’s decision to dismiss Apple’s appeal of unsuccessful inter partes review (IPR) challenges to the validity of several patents owned by Qualcomm.

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Licensing Patent Invention Patent Infringement 104

The IPKat

SEPTEMBER 4, 2023

The EUIPO published The Baseline of Trade Secrets Litigation in the EU Member States in 2018. On 28 June 2023, the EUPIO published the follow-up report , Trade Secret Litigation Trends In The EU , focusing on trends in trade secrets litigation since the implementation of the Directive.

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Reporting Litigation Contracts Publishing 70

Patently-O

JANUARY 24, 2022

Their article Federal Judge Seeks Patent Cases was recently published in the Duke Law Review, and I’m currently working on a project with them on writs of mandamus at the Federal Circuit. Among them was “the arcane but important matter” of judicial assignment and venue for patent cases. Guest post by Professors J.

Litigation 58

Litigation Patent Reporting Patent Law 58

IP Watchdog

AUGUST 11, 2021

Numbers were relatively stable last week, with the district courts seeing 57 new patent filings and the Patent Trial and Appeal Board (PTAB) seeing 25 petitions (two post grant reviews [PGRs] and 23 inter partes reviews [IPRs]). in an apparent litigation-free freedom-to-operate action. against BTL Healthcare Technologies A.S

Litigation 104

Litigation Patent Technology Intellectual Property 104

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. The same trend is noticed with the number of the patents involved in these cases.

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Reporting Litigation Patent Intellectual Property 123

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

Intellectual Property Law Blog

DECEMBER 15, 2023

Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. 10,149,820 (the “’820 patent”), which is directed to compositions and methods for treating pterygium.

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Marketing Marketing Settlement Patent 162