IP Watchdog

SEPTEMBER 6, 2021

In a previous article, we discussed the difference between a reasonable royalty for patent infringement and a FRAND licensing rate, both in terms of their origins and objectives: the former being a creature of statute and case law that seeks to compensate a patent owner for infringement, whereas the latter is rooted in contract and seeks, amongst other (..)

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Indiana Intellectual Property Law

MARCH 8, 2023

for patent infringement. TeleBrands holds several patents related to the design and construction of expandable garden hoses, including US10174870 and US10890278 both titled “Expandable and Contractible Garden Hose.” Vieneci is accused of patent infringement in violation of 35 U.S.C. § Vieneci Garden, Inc.

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Patent Infringement Patent Television Designs 40

The IPKat

FEBRUARY 23, 2023

In the fight against intellectual property rights (IPRs) infringements, China does not consider punitive damages as a taboo. During the validity period of the patent, one of the two defendants,** ‘Baijia store’, sold Jin’s patented products without permission. On the contrary: it has embraced them as a useful tool.

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Settlement Patent Infringement Patent Intellectual Property 70

The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).

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LexBlog IP

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).

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Indiana Intellectual Property Law

MARCH 7, 2023

for trademark infringement, false advertising and patent infringement. The company holds several patents and trademarks related to its products, including its flagship product, the EMSCULPT device. The EMSCULPT is a non-invasive medical device designed to stimulate muscle contraction using electromagnetic energy.

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IP Watchdog

FEBRUARY 8, 2022

s motion for a preliminary injunction in the court’s misreading of the plain language of a contract’s forum selection clause. Court of Appeals for the Federal Circuit (CAFC) earlier today issued a precedential decision holding that the U.S. District Court for the District of Delaware improperly denied Nippon Shinyaku Co.,

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Contracts Law Patent Infringement Litigation 67

IP Watchdog

MAY 22, 2024

Court of Appeals for the Federal Circuit (CAFC) on Tuesday, May 21, issued a precedential decision vacating and remanding a district court’s finding that Core Optical Technologies didn’t have standing to sue Nokia due to the language of a contract between the inventor and his employer. Core Optical alleged infringement of U.S.

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LexBlog IP

JANUARY 10, 2022

Most Section 337 investigations address issues of patent infringement, but Section 337 investigations can also address infringement of other statutory intellectual property (trademarks, copyrights, etc.) In comparison to litigating in U.S. In comparison to litigating in U.S.

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IP Tech Blog

JANUARY 10, 2022

Most Section 337 investigations address issues of patent infringement, but Section 337 investigations can also address infringement of other statutory intellectual property (trademarks, copyrights, etc.) In comparison to litigating in U.S. In comparison to litigating in U.S.

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Patently-O

FEBRUARY 8, 2022

For several years we have been tossing around the question of whether no-IPR contracts are enforceable. Although the court did not enter into any serious policy analysis or consideration of Supreme Court precedent promoting patent challenges such as Lear, Inc. by Dennis Crouch. In Nippon Shinyaku v. Sarepta Therapeutics (Fed.

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LexBlog IP

MARCH 6, 2023

With the increased funding pouring into this sector has come a desire to protect the intellectual property in the products, research, and developments brought to market. Cannabis remains federally illegal and thus, attempts to enforce patents against competitors in federal court were doomed to fail under the illegality doctrine.

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IP Watchdog

JANUARY 3, 2024

holding that the language of the governing contract's forum selection clause expressly allowed for the filing of inter partes review (IPR) proceedings in certain circumstances. entered into a settlement and license agreement in 2014, following years of patent litigation over their competing glucose monitoring system patents.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. Sara’s IP litigation experience includes both patent litigation and trade secret misappropriation litigation, which often also include various associated breach of contract and business torts.

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LexBlog IP

AUGUST 10, 2023

and BioNTech SE alleging that COMIRNATY® and any COVID-19 mRNA lipid nanoparticle vaccine products infringe five of the ten Arbutus patents listed above. ” Stay tuned to Big Molecule Watch for updates on this litigation.

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LexBlog IP

OCTOBER 7, 2021

intellectual property license, purchase, or similar agreement) over Kannuu’s technology was made. 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. No deal (i.e.,

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LexBlog IP

DECEMBER 20, 2023

Court of Appeals for the Federal Circuit [1] reversed a lower court’s denial of Intel Corporation’s (“Intel’s”) motion for leave to amend its answer to assert a new license defense in a patent infringement suit brought by VLSI Technology LLC (“VLSI”).

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IP Watchdog

SEPTEMBER 4, 2022

The U.S. (..)

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Contracts Patent Patent Infringement Litigation 62

IP Watchdog

NOVEMBER 6, 2022

and Uniloc 2017 all lacked standing to sue Motorola and Blackboard for patent infringement because it was collaterally estopped by a previous decision in its case with Apple. Court of Appeal for the Federal Circuit (CAFC) affirmed a district court decision that Uniloc USA, Inc., Uniloc Luxembourg, S.A.

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Patent Infringement Licensing Patent Contracts 73

Traverse Legal Blog

SEPTEMBER 28, 2023

Unlike traditional proprietary software, SaaS or PaaS business models where license terms can often be renegotiated or amended in subsequent contract cycles, open-source licensing is far less forgiving of afterthoughts. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

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IP and Legal Filings

DECEMBER 22, 2021

The translation if done in the best manner will help the applicant in any patent infringement case that might arise. Requirements in Multiple Jurisdictions. Different countries have a different set of requirements that vary according to domestic laws.

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Patent Contracts Patent Application Invention 78

Patently-O

SEPTEMBER 13, 2021

As explained by the Fifth Circuit, “To combat the potential for anticompetitive behavior, standard setting organizations require standard-essential patent holders to commit to licensing their patents on … FRAND terms” (slip op. However, this case did not sound in patent infringement, but in breach of contract.

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LexBlog IP

SEPTEMBER 28, 2023

Unlike traditional proprietary software, SaaS or PaaS business models where license terms can often be renegotiated or amended in subsequent contract cycles, open-source licensing is far less forgiving of afterthoughts. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

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Licensing Derivative Work Intellectual Property Moral Rights 40

LexBlog IP

AUGUST 31, 2021

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. law without reference or comparison to French contract law.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

As with any growing industry, cannabis stakeholders are eager to protect their valuable intellectual property (IP) rights, but their ability to obtain comprehensive IP protection and enforce their IP rights is sometimes in conflict with federal drug law. Pure Hemp Collective, Inc. ,

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LexBlog IP

JANUARY 19, 2022

the Defend Trade Secrets Act (“DTSA”), and a breach of contract claim as to the mutual Nondisclosure and Restricted Use Agreement (the “NDA”) executed by the parties in July 2014. Code §§ 134A.001 The court held Vita failed to prove either the existence of a trade secret or misappropriation by Foro. see Cajun Services Unlimited, LLC v.

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Trading Secrets

JANUARY 19, 2022

the Defend Trade Secrets Act (“DTSA”), and a breach of contract claim as to the mutual Nondisclosure and Restricted Use Agreement (the “NDA”) executed by the parties in July 2014. Code §§ 134A.001 The court held Vita failed to prove either the existence of a trade secret or misappropriation by Foro. see Cajun Services Unlimited, LLC v.

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LexBlog IP

JANUARY 19, 2024

Biocon Biologics then filed its own IPR on the same patent in IPR2023-01444. The class action plaintiffs alleged that J&J “worked to suppress competition and raise prices to purchases of [REMICADE] by imposing a web of exclusionary contracts on both health insurers and healthcare providers.” That petition is pending.

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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.

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Patent Infringement Patent Contracts Government 108

SpicyIP

JULY 19, 2021

She argues that the courts are restricting traders from revealing objective facts about a rival’s product under the guise of intellectual property protection, which is open to constitutional scrutiny since the advertisements can only be restricted under Article 19(2) whereas the right to free speech under Article 19(1) extends to commercial speech.

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Intellectual Property Law Blog

AUGUST 30, 2023

Background In 2006 and 2012, ABS and STGenetics entered into related contracts for sorting semen. STGenetics brought counterclaims and third-party claims for, among other things, infringement of the ’987 patent. In 2014, ABS filed an antitrust lawsuit in the Western District of Wisconsin against STGenetics.

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IP Watchdog

OCTOBER 7, 2021

Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB).

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Patently-O

FEBRUARY 22, 2023

Patent assertion finance today is a multibillion-dollar business. [2] 2] Virtually nonexistent in the patent space in the U.S. self-reporting that “IP EDGE has returned over 3x the money it has invested in patents in the 2015-2021 time period with no down years”). [16] 2022), available at [link]. [17] 30, 2022) (Connolly, C.J.)

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LexBlog IP

AUGUST 30, 2023

Background In 2006 and 2012, ABS and STGenetics entered into related contracts for sorting semen. STGenetics brought counterclaims and third-party claims for, among other things, infringement of the ’987 patent. In 2014, ABS filed an antitrust lawsuit in the Western District of Wisconsin against STGenetics.

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Technology Licensing Contracts Patent Infringement 52

LexBlog IP

NOVEMBER 30, 2021

In response, Apple petitioned the Patent Trial and Appeal Board (“Board”) for inter partes review (“IPR”) of U.S. patents 7,844,037 and 8,683,362. Second, Apple raised the risk of being sued for infringement after the expiration of the license agreement. § 315(e).

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LexBlog IP

JUNE 7, 2023

On 27 April 2023, the European Commission (the “ Commission ”) proposed a new regulation on the licensing of standard essential patents (the “ Proposal ”). [1] If they reject it, they are subject to infringement remedies (including injunctions).

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