Intellectual Property Law Blog

MARCH 9, 2022

An important takeaway from this case is that careful consideration should be given to the scope of any forum selection clauses regarding patent infringement or invalidity actions. In Nippon Shinyaku v. The Federal Circuit disagreed. on the ground of forum non conveniens.”

Patent Infringement 130

Patent Infringement Intellectual Property Contracts Confidentiality 130

LexBlog IP

FEBRUARY 22, 2024

A perennial issue in trade secret litigation is: what factual allegations must be pled regarding what trade secrets are left when there are related patents from the same company on the same technology. The case started more than two and a half years ago when Safe Haven sued Meridian for patent infringement.

Patent 52

Patent Confidentiality Technology Patent Infringement 52

Technology & Marketing Law Blog

OCTOBER 28, 2023

The manufacturer patented the drug but keeps the “data, specifications, and methods for manufacturing the drug confidential.” ” A generic manufacturer sought FDA approval, and the Yondelis manufacturer sued them for patent infringement. The parties are already in litigation.

Litigation 78

Litigation Blogging Confidentiality Patent 78

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. Nippon Shinyaku and Sarepta entered into a Mutual Confidentiality Agreement (“MCA”) to for the purpose of discussing a proposed transaction. This issue recently arose in Nippon Shinyaku v. emphasis added).

Contracts 98

Contracts Intellectual Property Patent Infringement Government 98

IP Tech Blog

FEBRUARY 24, 2022

Court of Appeals for the Federal Circuit has issued a precedential opinion about forum selection clauses (FSC) in confidentiality agreements. holding that, in a non-disclosure agreement (NDA) that expressly excludes a license grant, a FSC does not prohibit a patent infringement defendant from filing inter partes review (IPR) petitions.

Intellectual Property 57

Intellectual Property Confidentiality Patent Infringement Licensing 57

IP Tech Blog

APRIL 27, 2023

A number of district courts, as well as the Court of Appeals for the Federal Circuit, have weighed in on whether and to what extent a patent challenger in an inter partes review (IPR) before the Patent Trial and Appeal Board may be estopped from making prior art based challenges in a district court litigation.

Art 57

Art Litigation Patent Patent Infringement 57

IP and Legal Filings

JANUARY 21, 2022

Huawei and Verizon settle their FRAND patent dispute concerning the infringement claims in Texas, which was done shortly after the start of the trial. Through the settlementwhich was under confidential terms, the parties settle their patent dispute and lawsuits. Meanwhile, Ericsson sued Samsung for breach of FRAND terms.

Confidentiality 52

Confidentiality Marketing Marketing Licensing 52

Patently-O

FEBRUARY 23, 2022

Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation. Most litigated design patents are not found infringed. Walter’s data preceded the passage of the Patent Act of 1952.

Design Patent 134

Design Patent Designs Design Patent 134

The IPKat

JUNE 22, 2023

2019) that the release term was in substance compensatory relief for TCL’s patent infringements when deciding worldwide FRAND terms. Mellor J indicated that this conclusion implies that the US court has jurisdiction to determine worldwide damages for patent infringement. But this is not the position in the UK.

Patent Infringement 87

Patent Infringement Licensing Patent Litigation 87

LexBlog IP

APRIL 27, 2023

A number of district courts, as well as the Court of Appeals for the Federal Circuit, have weighed in on whether and to what extent a patent challenger in an inter partes review (IPR) before the Patent Trial and Appeal Board may be estopped from making prior art based challenges in a district court litigation.

Art 52

Art Litigation Patent Confidentiality 52

LexBlog IP

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. Nippon Shinyaku and Sarepta entered into a Mutual Confidentiality Agreement (“MCA”) to for the purpose of discussing a proposed transaction. This issue recently arose in Nippon Shinyaku v.

Contracts 52

Contracts Intellectual Property Patent Infringement Government 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]

Litigation 124

Litigation Reporting Settlement Government 124

SpicyIP

MARCH 25, 2024

Zydus Lifesciences Limited, on 13 March 2024 (Delhi High Court ) The case centered on the establishment of a confidentiality club in a biosimilar litigation dispute. Although some patents had expired during the suit’s pendency, the Court confirmed that the injunction remained effective for valid patents.

Trademark 52

Trademark Patent Copyright Confidentiality 52

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below.

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Trademark Registration Copyright Patent 59

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions.

Litigation 98

Litigation Patent Marketing Marketing 98

Trading Secrets

JANUARY 19, 2022

With respect to misappropriation, the court did not find sufficient evidence of misappropriation because: (1) Vita’s conceptual drawings and proposal were never sent to anyone outside of Foro; and (2) no confidential information belonging to Vita was incorporated into the materials Foro provided to the ultimate manufacturer.

Patent 52

Patent Designs Design Confidentiality 52

Chicago IP

OCTOBER 21, 2022

I found this problem in 24,914 patents. 121 have been litigated as of 2016. I observed this glitch in 2,618 patents, 21 of which have been litigated as of 2016. I suspect there could be additional inaccuracies in the software’s calculations, impacting even more patents. Under 35 U.S.C. §

Litigation 52

Litigation Patent Registration Confidentiality 52

LexBlog IP

OCTOBER 21, 2022

I found this problem in 24,914 patents. 121 have been litigated as of 2016. I observed this glitch in 2,618 patents, 21 of which have been litigated as of 2016. I suspect there could be additional inaccuracies in the software’s calculations, impacting even more patents. Under 35 U.S.C. §

Litigation 52

Litigation Patent Registration Confidentiality 52

SpicyIP

DECEMBER 12, 2022

Delhi High Court however permitted the Defendant to file these documents holding them essential to indicate Defendant’s assertion that the suit design lacks novelty, which it held to be one of the defences available in a patent infringement action. RED, Z9 patent infringement case. M/S.Raymond Pharmaceuticals Pvt.

Copyright Infringement 105

Copyright Infringement Settlement Registration Trademark 105

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. Cisco Wins Patent Infringement Case Leading $2.75

IP 59

IP Trademark Advertising Advertising 59

LexBlog IP

APRIL 3, 2023

This is an important decision to review in understanding licensing and litigation of international SEP portfolios. In the worst-case scenario, the infringer would be compelled to pay monetary damages that are typically calculated using a methodology designed to mimic the rate in a negotiated licensing transaction.

Licensing 52

Licensing Technology Intellectual Property Patent 52

SpicyIP

OCTOBER 23, 2023

Justice Bhat was amongst the few judges of the Delhi High Court to buck the trend and bring back some semblance of balance to intellectual property litigation. Take for example, the first ever pharmaceutical patent infringement case filed in India post India becoming a member of the World Trade Organisation.

Intellectual Property 52

Intellectual Property Government Law IP 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. The House also advanced the Affordable Prescriptions for Patients Through Improvements to Patent Litigation Act (H.R. BPCIA Litigation. Biosimilar Approvals and Launches in 2021.

Litigation 52

Litigation Settlement Patent Marketing 52

LexBlog IP

JUNE 7, 2023

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. It inevitably introduces a margin of error, as a sample size must include thousands of patents to be meaningful. [17] Essentiality checks do not eliminate litigation.

Licensing 52

Licensing Patent Confidentiality Registration 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. IP Enforcement and Litigation Considerations. district courts, the U.S.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52

SpicyIP

NOVEMBER 6, 2023

Delhi High Court Directs Maharaja to Pay a King’s Ransom in a Patent Infringement Suit In a rare sighting, the Delhi High Court calculated notional damages in a patent dispute on a “reasonable royalty basis” and directed Maharaja Appliances Ltd. to pay upwards of 81 Lakhs to Strix Ltd.

Licensing 59

Licensing IP Patent Infringement Confidentiality 59

LexBlog IP

JANUARY 9, 2023

Confidential information regarding those employees?) Then you should review Jesse Mondray’s post detailing drafting errors and ambiguities that led to litigation over those forum selection clauses in Harris Bricken’s China Law Blog. Customer goodwill? that would be necessary to justify this form of restrictive covenant.

Blogging 40

Blogging Litigation Intellectual Property Licensing 40

43(B)log

FEBRUARY 3, 2024

Social organizations: IP protection centers funded by gov’t can provide info to rights holders; notaries/appraisal institutions; industry associations can serve members and establish IP litigation funds for impecunious members. Confidential terms, but educational institutions and collaboration exist. This model can be more effective.

IP 59

IP Marketing Marketing Patent 59