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Patent Damages Laws Regarding Apportionment are Inapplicable to Breach of Contract (FRAND) Claims

IP Watchdog

case number 19-40643: are patent laws regarding what constitutes a reasonable royalty applicable to questions of compliance with FRAND-related contractual obligations? Pursuant to appeal of that decision, however, the United States Court of Appeals for the Fifth Circuit has now addressed the photonegative question in HTC Corp.

Contracts 119
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Roundup Ready 2 Patent Litigation

Patently-O

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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[Guest post] Generative AI, originality, and the potential role of contract in protecting unoriginal works

The IPKat

Here’s what they write: Generative AI, originality, and the potential role of contract in protecting unoriginal works by Adrian Aronsson-Storrier and Oliver Fairhurst Artificial Kat Over the past two years the IPKat has hosted debate on the question of whether the outputs of generative AI tools are protected under copyright law.

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Guest Post: Third-Party Litigation Funding: Disclosure to Courts, Congress, and the Executive

Patently-O

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]

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Contracts involving European Patents: Five Steps to Take Now in the Wake of the New EU Unitary Patent System

LexBlog IP

What You Need To Know From 1 June 2023, a new EU unitary patent system (UPS) will become fully effective. UPs give patent owners uniform protection across participating EU Member States, removing the need for national validation procedures as well as individual national enforcement in each EU Member State.

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Keeping up with Belgian patent litigation: Year case law review 2021

The IPKat

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. A new prohibition on double patenting?

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EUIPO report on trade secrets litigation trends shows Italy and Belgium to be the most trade secret owner friendly

The IPKat

The EUIPO published The Baseline of Trade Secrets Litigation in the EU Member States in 2018. On 28 June 2023, the EUPIO published the follow-up report , Trade Secret Litigation Trends In The EU , focusing on trends in trade secrets litigation since the implementation of the Directive.