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. District Court for the District of Delaware asserting claims against Sarepta for breach of contract and other claims. In Nippon Shinyaku v.

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JD Supra Law

SEPTEMBER 14, 2021

s (“Apple”) motion to dismiss Omni MedSci’s (“Omni”) patent infringement complaint for lack of standing. 2, 2021), a Federal Circuit panel decision, with a dissent, upheld the district court’s denial of Apple Inc.’s

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The IPKat

FEBRUARY 23, 2023

During the validity period of the patent, one of the two defendants,** ‘Baijia store’, sold Jin’s patented products without permission. In April 2021, Jin sued Baijia store for patent infringement. One month later, a settlement was reached. Jin thus dropped the suit.

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JD Supra Law

NOVEMBER 17, 2023

billion claim for trade secret misappropriation, patent infringement, copyright infringement and breach of contract. Brooks Kushman helped Ford Motor Company (“Ford”) secure final judgment of $3 in what was once a $1.4 The matter, Versata Software, Inc. Ford Motor Company, was filed in April 2015 in the U.S.

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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. District Court for the District of Delaware asserting claims against Sarepta for breach of contract and other claims. In Nippon Shinyaku v.

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Patent Infringement Intellectual Property Contracts Confidentiality 130

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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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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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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The IPKat

NOVEMBER 29, 2021

Patents Kluwer Patent Blog reported on a recent Danish High Court (Eastern Division) on a long running patent infringement case. In particular, the decision touched upon the issue of acquiescence/passivity in patent infringement actions.

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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. Bayer CropScience v.

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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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Patently-O

FEBRUARY 29, 2024

Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” ” Years later, AlexSam sued MasterCard for breach of contract, alleging that MasterCard underpaid royalties by undercounting the number of Licensed Transactions.

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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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Herbert Smith Freehills

NOVEMBER 9, 2021

In relation to FRAND patent infringement issues arising in proceedings against Thomson Broadband UK and Technicolor SA for breach of contract relating to the supply of defective set-top boxes. Services: Standards, SEPs and FRAND disputes Client Name: BSKYB

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Contracts Patent Infringement Patent 40

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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Patently-O

MARCH 18, 2024

The Federal Circuit’s brief order sheds some light on the standards for amending pleadings late in litigation and the propriety of declaratory judgment counterclaims in patent cases even where the underlying infringement claims have been extinguished. Patent Nos. Background: A separate VLSI v. Intel Corp. , 4th 1332 (Fed.

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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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Patently-O

OCTOBER 12, 2022

Lavvan sued Amyris for patent infringement. The parties had signed a prior contract with an arbitration agreement and Amyris unsuccessfully sought an arbitration order. by Dennis Crouch. Lavvan, Inc. Amyris, Inc. , 21-1819, 2022 WL 4241192 (2d Cir. 15, 2022) ( 21-1819_so ). In its opening brief, Amyris likewise stated that.

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IP Watchdog

SEPTEMBER 4, 2022

The U.S. (..)

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Contracts Patent Patent Infringement Litigation 64

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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Licensing Contracts Litigation Technology 52

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

FEBRUARY 10, 2022

The court explained that in that situation, “pricing and contracting negotiations in the United States alone do not constitute or transform those extraterritorial activities into a sale within the United States for purposes of §271(a).” ” Halo Elecs., ” A contrasting case here is Carnegie Mellon Univ. Marvell Tech.

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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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Contracts Intellectual Property Patent IP 61

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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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

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 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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Patently-O

SEPTEMBER 13, 2021

In patent infringement cases, it is well-established that a patentee’s damages should reflect only the value of the patented features of an infringing product. Thus, in assessing damages, courts routinely “apportion” the infringer’s profits between the infringing and noninfringing features of its product.

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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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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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Patently-O

JULY 7, 2022

2021), in which it held that “[c]ompanies seeking to license under [FRAND] terms become third-party beneficiaries of the contract between the standard-essential patent holder and the standard setting organization” and “are thus enabled to enforce the terms of that contract.”. Dismissal at the District Court (485 F. 3d 712 (N.D.

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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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Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default.

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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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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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