LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

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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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Patently-O

FEBRUARY 7, 2023

Mo 2023) Bayer and its subsidiary Monsanto have filed a new set of patent infringement lawsuits against farmers who saved seeds and replanted them in violation of Monsanto Roundup Ready patents and license agreements. Monsanto’s original patents on genetically modified plants have all expired. Pierce, et al.

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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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Patently-O

JULY 7, 2022

Parties that participate in these standards development organizations (SDOs) generally agree to license patents that are essential to the implementation of those standards (standards-essential patents or SEPs) to manufacturers of standardized products on terms that are fair, reasonable and nondiscriminatory (FRAND). 3d 712 (N.D.

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Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area.

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LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

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IPilogue

OCTOBER 25, 2022

Professor of Law at Harvard Law School, where she teaches contracts, international IP, patents, copyright, and courses on Biblical Law. billion USD to VLSI Technology for patent infringement relating to chip-making technology – one of the highest ever patent damage awards in the US. Professor Ruth L.

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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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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. 7,071,441 (‘441 patent), for which Plasmacam has an exclusive license.

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Patently-O

APRIL 10, 2022

Through its acquisition of BioVeris Corporation, Roche Diagnostics became the owner of various patents relating to immunoassays employing electrochemiluminescence (“ECL”). The decision raises interesting issues relating to induced patent infringement and the interpretation of a licensing provision. 2d 345 (Fed.

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The IPKat

APRIL 5, 2023

Bacon J ruled that while the Patents Act is limited to the UK, this does not mean that the patentee should be unable in principle to recover damages in respect of losses arising from sales outside of the UK. This case dealt with infringement and as such, there was not a direct challenge to validity.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

The USPTO is willing to issue patents on cannabis irrespective of its legality because patent rights are merely negative rights; a patent is the right to exclude others from the invention claimed therein rather than a license to make, use, or sell the invention. Pure Hemp Collective, Inc. ,

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Patently-O

FEBRUARY 9, 2024

by Dennis Crouch The Federal Circuit recently upheld the US government’s royalty-free license rights over an Alzheimer’s disease research patent under the Bayh-Dole Act. The decision confirms the broad scope of the government’s licensing rights under the Act — namely that it can include work that predates the funding agreement.

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LexBlog IP

JANUARY 19, 2024

Biocon Biologics then filed its own IPR on the same patent in IPR2023-01444. The FDA had accepted the Biologics License Application for priority review in November 2022. Before the most recent suit was filed, in September 2020, REGENXBIO had previously sued Sarepta on a different patent, U.S. That petition is pending.

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LexBlog IP

NOVEMBER 30, 2021

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements. In response, Apple petitioned the Patent Trial and Appeal Board (“Board”) for inter partes review (“IPR”) of U.S.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

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. As a patent attorney registered to practice before the U.S. Sara received her J.D. in English. In 2015, Joy received her J.D.

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The IPKat

SEPTEMBER 23, 2022

Admittedly, Belgian law provides that a Belgian patent ceases to have effect once a European patent covering the same invention has been granted to the same inventor, but this provision does not govern the relationship between two European patents.

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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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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] 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.

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Patently-O

JANUARY 16, 2022

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). Blake Brittain: SCOTUS Okays Medtronic’s $112 Million Loss in Patent Contract Case (Source: Reuters). Glicksman and Prof.

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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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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. agreed to settle two patent-infringement claims over telecommunications technology royalties. Resonance Digital LLP & Anr. 14 July, 2021].

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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. 604C (2021); Nonrecourse Civil Litigation Advance Contracts, Ohio Rev. 29, 2022) (“if …the license is merely an example of “third-party litigation funding,” then that may favor declassification.”). [32]

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

What is the nature and type of information that a sponsor should provide to support a postapproval manufacturing change for a licensed biosimilar product? Patent infringement. Patent Infringement. Both patent infringement cases (-2258, -2899) remain ongoing. adalimumab). Alvotech USA et al.

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