The IPKat

FEBRUARY 23, 2023

This post discusses a recent patent case in which the Supreme People’s Court of China (SPC) awarded punitive damages upon post-settlement-agreement repeated infringement. During the validity period of the patent, one of the two defendants,** ‘Baijia store’, sold Jin’s patented products without permission. Shelly: 'Oops!…You

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IPilogue

OCTOBER 25, 2022

Emily Xiang is an IPilogue Writer, a Senior Fellow with the IP Innovation Clinic, and a 3L JD Candidate at Osgoode Hall Law School. Professor of Law at Harvard Law School, where she teaches contracts, international IP, patents, copyright, and courses on Biblical Law. Professor Ruth L. Okediji is the Jeremiah Smith Jr.

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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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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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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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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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Patently-O

JANUARY 16, 2022

Recent Headlines in the IP World: Blake Brittain: U.S. Chief Justice Roberts Pledges to Review Patent Venue Rules (Source: Reuters). Ryan Selby: PODA Granted US Patent for Closed Bottom Vaporizer Pod (Source: Cision). Nike Sues Lululemon for Patent Infringement Over Mirror Home Gym (Source: Global News).

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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.) IP owners continue to demonstrate confidence in the ITC’s fast, reliable, and accurate resolution of IP disputes.

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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. FDA Regulation. Pure Hemp Collective, Inc. ,

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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.) IP owners continue to demonstrate confidence in the ITC’s fast, reliable, and accurate resolution of IP disputes.

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IP Law 360

NOVEMBER 17, 2022

A Delaware federal court’s refusal to dismiss patent infringement claims against Moderna, which manufactured patented COVID-19 vaccines under a government procurement contract, creates uncertainty for government contractors by misinterpreting a federal law intended to protect them, says Tyler Evans at Steptoe & Johnson.

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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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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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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 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

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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IP Watchdog

SEPTEMBER 4, 2022

The U.S. (..)

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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. In India, under Rule 20 of Indian Patent Rules 2003, the translation requirement is specified if the application is not in English. The post Patent Translation: Good and Bad?

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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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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). In the UPCA, “patent,” standing alone, includes both a conventional European patent and a unitary patent.

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SpicyIP

JULY 19, 2021

NFTs (Non-fungible tokens), which act as a certificate of ownership for whatever the creator puts up for sale, allow artists to set their preferred terms of contract while making sales. Call for Submissions: The IP Press Law Review Vol. agreed to settle two patent-infringement claims over telecommunications technology royalties.

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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. 29] Notably, they continue to file and litigate in the Western District of Texas; IP Edge, too, has ceased filing in Delaware, per reporting and data. [30] 3] See, e.g., Huber v. /Dec.

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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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LexBlog IP

MARCH 6, 2023

Cannabis remains federally illegal and thus, attempts to enforce patents against competitors in federal court were doomed to fail under the illegality doctrine. For example, a contract used to hire thieves to rob a bank couldn’t be enforced by a court of law for the purpose of robbing the bank. 2:21-cv-08756-JWH-SHK, ECF No.

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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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LexBlog IP

OCTOBER 7, 2021

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. Following more than a year of discussions, the parties ceased communications. No deal (i.e.,

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Sara Fish works closely with clients on all aspects of IP litigation and has experience in consumer products, medical devices, pharmaceuticals, consumer electronics, software applications, and various other technologies. As a patent attorney registered to practice before the U.S. Joel received his J.D., in electrical engineering.

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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

19] Parties to a SEP dispute would be required to go through the conciliation procedure before they can initiate patent infringement proceedings or a FRAND assessment before a Member State court or the UPC. [20] If they reject it, they are subject to infringement remedies (including injunctions). Recital 2 and Article 1(7). [3]

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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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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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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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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.

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IP Watchdog

FEBRUARY 4, 2022

On appeal, the CAFC held that CNC’s version of the agreement more accurately reflected the understanding between the two parties regarding a settlement over Plasmacam’s claim that CNC infringed U.S. On February 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a decision by the U.S.

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IP Watchdog

OCTOBER 7, 2021

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

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Patent infringement. Patent Infringement. Both patent infringement cases (-2258, -2899) remain ongoing. The Alvotech entities also included allegations that AbbVie’s patents were unenforceable due to inequitable conduct and unclean hands. adalimumab). Alvotech USA et al. 1:21-cv-05645). adalimumab).

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