IP Watchdog

APRIL 18, 2023

government statement of interest filed in a patent infringement suit against Moderna, Inc.’s 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. patented invention.

Patent Infringement 128

Patent Infringement IP Government Patent 128

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.

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Litigation Patent Patent Infringement Intellectual Property 59

IP Watchdog

MAY 15, 2024

Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman made of attendees of IPWatchdog’s Patent Litigation Masters 2024 program on Monday, imploring them to “think creatively” to solve the intellectual property problems of today.

Litigation 59

Litigation Intellectual Property Patent Law 59

Patently-O

FEBRUARY 19, 2023

by Dennis Crouch Rule 1 of the Federal Rules of Civil Procedure sets out a bold goal for civil litigation: “ the just, speedy, and inexpensive determination of every action.” ” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust. Patent Nos. Light-Netics owns U.S.

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Patent Infringement Cease and Desist Patent Invention 121

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. Patent Nos. and ModernaTX, Inc.

Patent Infringement 133

Patent Infringement Patent Technology Litigation 133

IP Watchdog

NOVEMBER 30, 2022

What began as a patent infringement case has swerved into judicial ethics waters, due to the ruling of the Federal Circuit Court of Appeals. Patent and Trademark Office (USPTO).

Patent Infringement 52

Patent Infringement Patent Inventor Litigation 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

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 125

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

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.

Patent Infringement 110

Patent Infringement Patent Contracts Government 110

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

IP Watchdog

APRIL 29, 2024

GlaxoSmithKline filed a four-count civil action for patent infringement in the United States District Court for the District of Delaware late last week seeking damages for Pfizer and BioNTech’s infringing manufacture, use, sale and marketing of both the original “monovalent” and “bivalent” Comirnaty COVID-19 vaccines.

Patent 111

Patent Patent Infringement Invention Marketing 111

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

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

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] Patent assertion finance today is a multibillion-dollar business. [2] 2] Virtually nonexistent in the patent space in the U.S. Patent assertion finance today is a multibillion-dollar business. [2]

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Litigation Reporting Settlement Government 125

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

LexBlog IP

SEPTEMBER 25, 2023

Court of Appeals for the Federal Circuit (“Federal Circuit”) clarified the law on comparison prior art in design patent cases. 15, 2023) , the Federal Circuit provided guidance on the types of prior art that can be reviewed by courts and juries in the comparative prior art stage of the infringement analysis of design patent cases.

Design Patent 52

Design Patent Designs Design Patent 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 111

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

JD Supra Law

NOVEMBER 12, 2021

Background: During the battery-related patent litigation between LG Chem and SK Innovation, SK Innovation filed an invalidation lawsuit (IPR) with the US Patent Trial and Appeal Board (PTAB) eight times, but all were dismissed. By: Dentons

Litigation 52

Litigation Patent Patent Infringement 52

IP Watchdog

JULY 23, 2023

Patent eligibility challenges under 35 U.S.C. § 101 have been effective tools at the pleading stage for parties defending allegations of patent infringement.

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Patent Litigation Patent Infringement Intellectual Property 96

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 105

IP Watchdog

AUGUST 15, 2022

With Judge Alan Albright no longer a lock for patent litigants in the Western District of Texas, prospective claimants and their counsel should be rethinking their venue selection strategies. For those navigating this new world order, litigation funders serve as a valuable resource.

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Due Diligence Litigation Patent Patent Infringement 105

IP Watchdog

APRIL 4, 2023

Yesterday, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed in part a district court ruling that found video game company Valve willfully infringed Ironburg’s U.S.

Patent Infringement 52

Patent Infringement Patent Litigation Art 52

Chicago IP

OCTOBER 21, 2022

The following article by Dinis Cheian is an interesting analysis of patent extension calculation errors that Cheian claims to have found in the Patent Office’s software. The Patent Office’s software is miscalculating the expiration extensions of some patents. I found this problem in 24,914 patents.

Litigation 52

Litigation Patent Registration Confidentiality 52

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). Metz and Jump Rope Systems originally sued Rogue Fitness in 2018.

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Inventor Technology Patent Trademark 126

LexBlog IP

OCTOBER 21, 2022

The following article by Dinis Cheian is an interesting analysis of patent extension calculation errors that Cheian claims to have found in the Patent Office’s software. The Patent Office’s software is miscalculating the expiration extensions of some patents. I found this problem in 24,914 patents.

Litigation 52

Litigation Patent Registration Confidentiality 52

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. I received my B.S.

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Litigation Technology Business Patent 40

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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Licensing Law Patent Patent Infringement 111

Fish & Richardson Trademark & Copyright Thoughts

JULY 14, 2022

In a new article in Managing IP , Fish attorneys John Pegram and Jan Zecher say the question will most likely be litigated after the UPC transitional period. Read the full article on Managing IP (subscription required). During that period, the owners of conventional European patents may opt out of the UPC’s jurisdiction.

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IP Litigation Patent Patent Infringement 52

The IPKat

JULY 13, 2021

The Belgian cat is pricking her ears to catch up on last year's patent cases Still finding it difficult to keep up with an ever-changing world in the midst of a health, environmental, social and political crisis, while keeping up with patent law? The issues addressed in the decisions discussed below are very diverse.

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Litigation Law Patent Invention 67

IP Watchdog

APRIL 15, 2023

On Wednesday, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a district court’s dismissal of a Florida vape company’s patent lawsuit against tobacco company Phillip Morris. HCM alleged that Phillip Morris infringed on its patent for an electronic pipe, U.S. 10,561,170.

Patent 122

Patent Patent Infringement Litigation Technology 122

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

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).

Patent 131

Patent Licensing Litigation Marketing 131

LexBlog IP

MARCH 6, 2023

Previously, patents—a limited monopoly allowing a patent holder to bar competitors from making/using/selling/importing a claimed system or method—were of limited use for those in the cannabis industry. 1] The asserted patents were: U.S. Patent No. Patent No. Patent No. Patent No.

Litigation 52

Litigation Patent Design Patent Patent Application 52

IP Watchdog

MAY 9, 2024

1337 due to Stanley Black & Decker’s alleged patent infringement. International Trade Commission’s (ITC) ruling that Zircon Corp. had failed to meet the domestic industry requirement to prove a violation of 19 U.S.C.

Patent 59

Patent Patent Infringement Technology Litigation 59

SpicyIP

JULY 25, 2023

While several intellectual property rights battles are being fought over the mRNA platform, a key question that remains unaddressed is whether and to what extent mRNA is patent eligible. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Is Messenger RNA Patent-Eligible?

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Patent Invention Litigation Law 97