Patently-O

SEPTEMBER 26, 2023

by Dennis Crouch In most patent cases, the parties jointly agree to a system limiting the publication of confidential case information and typically file a stipulated motion for protective order seeking the a judicial order requiring the parties to comply. These discussions involve both in-suit patents as well as an uninvolved patent.

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Confidentiality Patent Business Patent Infringement 112

IP Law 360

JUNE 13, 2022

Two vape companies have reached a confidential settlement to resolve claims that the owner of a rival vape maker infringed on their patent, after the Federal Circuit partially reversed a 2019 verdict against the rival company.

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Settlement Patent Infringement Confidentiality Patent 40

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. Int’l Shipping Corp., 422, 430 (2007); AVX Corp. on the ground of forum non conveniens.”.

Patent Infringement 245

Patent Infringement Intellectual Property Contracts Confidentiality 245

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. Int’l Shipping Corp., 422, 430 (2007); AVX Corp. on the ground of forum non conveniens.”

Patent Infringement 130

Patent Infringement Intellectual Property Contracts Confidentiality 130

Fish & Richardson Trademark & Copyright Thoughts

APRIL 30, 2021

Fish & Richardson obtained a settlement and license agreement for Skull Shaver, LLC, the market leader in uniquely designed and patented handheld electric shavers and personal grooming products, in a patent infringement lawsuit against Magicfly LLC.

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Settlement Licensing Patent Infringement Patent 40

Patent Trademark Blog

DECEMBER 11, 2023

Patent violations are becoming increasingly prevalent among Amazon sellers. Whether you are a patent owner or an Amazon seller, you need the right kind of legal expertise when it comes to patent infringement. Patent agents do not litigate and, therefore, have little to no infringement experience.

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Patent Patent Infringement Licensing Litigation 52

The IP Law Blog

JANUARY 18, 2024

As discussed below, in many instances, a choice will need to be made as to whether to rely on trade secret protection or pursue a patent. But not all confidential business information that is valuable and generally unknown is a trade secret. First, it is important to understand what a trade secret is. See 35 U.S.C. §

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

JD Supra Law

AUGUST 18, 2021

for patent infringement and trade secret misappropriation asserted by Olaplex, Inc. The case arose as a result of L’Oreal and Olaplex entering into negotiations regarding a potential acquisition, pursuant to which Olaplex shared with L’Oreal its confidential information,…. By: Proskauer - Minding Your Business

Confidentiality 55

Confidentiality Patent Infringement Business Patent 55

LexBlog IP

FEBRUARY 22, 2024

The case started more than two and a half years ago when Safe Haven sued Meridian for patent infringement. Under the permissive Rule 12 standard for review of a complaint, this was enough to survive dismissal and enter discovery.

Patent 52

Patent Confidentiality Technology Patent Infringement 52

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

LexBlog IP

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 52

Intellectual Property Confidentiality Patent Infringement Licensing 52

Patently-O

AUGUST 17, 2022

a)(1), “[a]fter five years following the end of all proceedings in this court, the court may direct the parties to show cause why confidential filings (except those protected by statute) should not be unsealed and made available to the public.” Pursuant to Federal Circuit Rule 25.1(a)(1),

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Confidentiality Patent Infringement Patent 60

LexBlog IP

JANUARY 18, 2024

As discussed below, in many instances, a choice will need to be made as to whether to rely on trade secret protection or pursue a patent. But not all confidential business information that is valuable and generally unknown is a trade secret. First, it is important to understand what a trade secret is. ” See 35 U.S.C. §

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Confidentiality Invention Business Artistic Work 52

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.

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Confidentiality Marketing Marketing Licensing 52

LexBlog IP

OCTOBER 7, 2021

Kannuu and Samsung entered into a non-disclosure agreement (NDA), to protect confidential business information while engaging in business discussions and the like. Six years later, Kannuu sued Samsung for patent infringement and breach of the NDA. Samsung then filed petitions for Inter Partes Review of the patents.

Confidentiality 52

Confidentiality Licensing Intellectual Property Contracts 52

The IP Law Blog

MARCH 17, 2022

Nippon Shinyaku and Sarepta entered into a Mutual Confidentiality Agreement (“MCA”) to for the purpose of discussing a proposed transaction. For clarity, this covenant not to sue includes, but is not limited to, patent infringement litigations, declaratory judgment actions, patent validity challenges before the U.S.

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Contracts Intellectual Property Patent Infringement Government 98

Kashishipr

JUNE 16, 2021

However, the manifestation of such infringement can be through stealing if the IP is affixed in a tangible medium. It enabled them to steal a handful of IP assets and other confidential business information. Vulnerable Forms of IP under the Threat of Theft. They steal information and trade the same to competitors for benefits.

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Intellectual Property IP Confidentiality Registering Trademarks 98

Patently-O

JUNE 20, 2023

This change is intended to prevent Non-Practicing Entities (NPEs), which often license their patents under threat of patent infringement suits, from establishing a domestic industry. Currently, a third-party licensee can be subpoenaed for confidential information, regardless of their desire to participate in the investigation.

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Intellectual Property Licensing Confidentiality Patent 62

The IPKat

JULY 4, 2021

Patents The German Bundestag has adopted amendments to the German Patent Act. The changes introduce (i) a codified proportionality defense to injunctions in patent infringement proceedings, (ii) new confidentiality rules for patent disputes, and (iii) an accelerated timeline for nullity actions.

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Blogging IP Designs Design 85

LexBlog IP

FEBRUARY 7, 2023

Sockeye has sued approximately 80 defendants since it began its patent infringement campaigns in 2015. For example, Sockeye sued a group of electronics companies in 2015 and sued the same defendants again in 2022 with at least some of the same patents. So what happened?

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Licensing Settlement Patent Troll Confidentiality 40

Patently-O

OCTOBER 7, 2021

” The potential deal fell apart and Kannuu eventually sued Samsung for patent infringement. Samsung responded with an inter partes review (IPR) petition.

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Contracts Intellectual Property Confidentiality Patent Infringement 70

The IPKat

DECEMBER 22, 2022

An Arrow declaration is a declaration that a product, process or use was lacking in novelty or obvious as at the priority date of a patent application. The declaration means that the applicant will have a Gillette defence to patent infringement claims about that product, process, or use. The Judge dismissed this submission.

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Marketing Marketing Patent Infringement Patent 82

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

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.

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Litigation Blogging Confidentiality Patent 79

SpicyIP

MARCH 21, 2024

The actual reason for the opposition to Section 8 is because patentees do not want to disclose adverse reports of foreign patent offices, which may lead to the Indian Patent Office rejecting their patent application. This commercial information is invaluable to the Patent Controller in compulsory licencing proceedings.

Patent 52

Patent Patent Application Government Reporting 52

SpicyIP

JANUARY 23, 2024

The defendant argued that- First, the suit patent was covered in a prior US Patent 7459554; Second, the suit patent has been anticipated on the ground of prior publication as it has been disclosed in an article sent for publication by the predecessors (in title) of the plaintiffs on 8 September 2006 (i.e.

Intellectual Property 129

Intellectual Property Patent Blogging Marketing 129

IP Tech Blog

APRIL 27, 2023

Pitfalls of Patent Owner-Commissioned Search First, it is normal in patent litigation for an accused infringer challenging validity to request production of any prior art that the patent owner has.

Art 57

Art Litigation Patent Patent Infringement 57

LexBlog IP

MARCH 17, 2022

Nippon Shinyaku and Sarepta entered into a Mutual Confidentiality Agreement (“MCA”) to for the purpose of discussing a proposed transaction. For clarity, this covenant not to sue includes, but is not limited to, patent infringement litigations, declaratory judgment actions, patent validity challenges before the U.S.

Contracts 52

Contracts Intellectual Property Patent Infringement Government 52

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. It viewed the application as a proactive measure to facilitate a swift decision, ensuring that the confidentiality club could promptly access relevant information when needed.

Trademark 52

Trademark Patent Copyright Confidentiality 52

Kashishipr

OCTOBER 13, 2021

The content disclosed within the provisional application is kept confidential until the complete disclosure is made. Even if the complete disclosure is not made, the same is not disclosed to the public, maintaining the secrecy of the invention.

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Patent Application Patent Inventor Invention 105

Fish & Richardson Trademark & Copyright Thoughts

MARCH 11, 2021

The Eastern District of Texas General Order “anticipates that HSDs may also include documents that, in the judgment of the filing party, are or contain HSI that is substantially likely to adversely affect,” inter alia , “nonpublic intellectual property, trade secrets, or highly confidential commercial information.” 2d 421, 423–24 (S.D.N.Y.

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Confidentiality Government Intellectual Property Privacy 52

Larson & Larson

FEBRUARY 23, 2023

The Patent Office has limited time to perform prior art searches, and may not be able to locate as much prior art as you — someone who is familiar with the industry. This process is worth consideration, and is often most effective coupled with monitoring of a competitor’s patent portfolio and pending applications.

Art 40

Art Confidentiality Patent Application Patent 40

LexBlog IP

APRIL 27, 2023

Pitfalls of Patent Owner-Commissioned Search First, it is normal in patent litigation for an accused infringer challenging validity to request production of any prior art that the patent owner has.

Art 52

Art Litigation Patent Confidentiality 52

LexBlog IP

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

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

Patently-O

FEBRUARY 23, 2022

This data shows that, since 1989, the apparent grant rate for design patents has stayed at or above some 70%—whereas the volume of design patent filings has quadrupled over the same period. those not filed through the Hague System) are kept confidential and unpublished unless and until they issue as patents.

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Design Patent Designs Design Patent 134

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. Anything we are missing out on? Please let us know in the comments below.

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Trademark Registration Copyright Patent 59