The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). In April 2021, Jin sued Baijia store for patent infringement. One month later, a settlement was reached.

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Settlement Patent Infringement Patent Intellectual Property 70

Intellectual Property Law Blog

MARCH 9, 2022

The significance of this case is that the Federal Circuit confirmed that parties can contractually negotiate away their right to file IPRs or other validity challenges in the Patent Office. District Court for the District of Delaware asserting claims against Sarepta for breach of contract and other claims.

Patent Infringement 245

Patent Infringement Intellectual Property Contracts Confidentiality 245

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.

Litigation 75

Litigation Patent Patent Infringement Contracts 75

Intellectual Property Law Blog

MARCH 9, 2022

The significance of this case is that the Federal Circuit confirmed that parties can contractually negotiate away their right to file IPRs or other validity challenges in the Patent Office. District Court for the District of Delaware asserting claims against Sarepta for breach of contract and other claims.

Patent Infringement 130

Patent Infringement Intellectual Property Contracts Confidentiality 130

Patently-O

MARCH 18, 2024

The Federal Circuit has issued an interesting nonprecedential order in In re VLSI Technology LLC , denying VLSI’s petition for a writ of mandamus that sought to reverse a district court order allowing Intel to amend its answer to assert a declaratory judgment counterclaim regarding a patent license defense. Patent Nos.

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Licensing Patent Patent Infringement Litigation 80

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

Contracts 95

Contracts Invention Patent Infringement Patent 95

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.

Copyright Infringement 72

Copyright Infringement Contracts Patent Infringement Copyright 72

IP Watchdog

SEPTEMBER 4, 2022

Court of Appeals for the Third Circuit on August 31 affirmed a district court’s ruling that Verify Smart Corp had failed to plausibly allege an agency relationship between Wells Fargo and Bank of America (the “Banks”) and a banking industry group’s subsidiary sufficient to prove the Banks enlisted the subsidiary to challenge a patent they were contractually (..)

Contracts 62

Contracts Patent Patent Infringement Litigation 62

Patently-O

FEBRUARY 10, 2022

2015) in finding that manufacture and delivery of a product in a foreign country can infringe a US patent if sufficient sales-activity occurred within the US. The case involves wireless communication chip logic patented by CalTech. Broadcom makes infringing chips and they are installed in Apple devices. Broadcom Ltd.

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Patent Contracts Invention Designs 126

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.

Inventor 57

Inventor Contracts Invention Technology 57

IP and Legal Filings

DECEMBER 22, 2021

Different countries have their own set of requirements for translations, and therefore if the translation is not done professionally, it could lead to misinterpretation of the scope of the claims, which may end up ruining the purpose of filing patents. With the Patent Translation, it’s more than just a Google Translation. Good or Bad?

Patent 78

Patent Contracts Patent Application Invention 78

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. Patent and Trademark Office ….

Contracts 98

Contracts Intellectual Property Patent Infringement Government 98

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.

False Advertising 52

False Advertising Contracts Advertising Advertising 52

LexBlog IP

AUGUST 10, 2023

(Acuitas) filed a complaint in the District of New Jersey for declaratory judgment of non-infringement and invalidity against Arbutus Biopharma Corp. Patent Nos. and BioNTech SE alleging that COMIRNATY® and any COVID-19 mRNA lipid nanoparticle vaccine products infringe five of the ten Arbutus patents listed above.

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Patent Invention Patent Infringement Technology 52

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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Blogging IP Contracts Reporting 76

The IPKat

APRIL 5, 2023

The AmeriKat hunkering down to a belated Christmas meal of kibble Back in the dark depths of January, the great, the good and the cold of patents practitioners were invited to gather at Hogan Lovells’ London office to attend the AIPPI’s annual patent round-up. Moreover, of the 18 patents litigated only six were held to be valid.

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Reporting Patent Patent Infringement Technology 73

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. Although not directly relevant for this case, The patent at issue, U.S.

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Licensing Patent Ownership Patent Infringement 56

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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Licensing Contracts Patent Law Patent 52

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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Settlement Contracts Government Licensing 57

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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Government Contracts Patent Infringement Law 40

LexBlog IP

MARCH 6, 2023

Previously, patents—a limited monopoly allowing a patent holder to bar competitors from making/using/selling/importing a claimed system or method—were of limited use for those in the cannabis industry. 1] The asserted patents were: U.S. Patent No. Patent No. 2:21-cv-08756-JWH-SHK, ECF No. 23, 2022). [1]

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Litigation Patent Design Patent Patent Application 52

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.,

Contracts 67

Contracts Law Patent Infringement Litigation 67

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. Patent and Trademark Office.

Contracts 52

Contracts Intellectual Property Patent Infringement Government 52

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. ” Neither party referenced the Federal Circuit’s usual role in hearing appeals in patent cases. by Dennis Crouch. Lavvan, Inc. 1292(c).

Patent Infringement 61

Patent Infringement Contracts Patent 61

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.

Patent Infringement 73

Patent Infringement Licensing Patent Contracts 73

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

Contracts 40

Contracts Patent Infringement Patent 40

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”). and Finjan Software, Inc.

Licensing 52

Licensing Contracts Litigation Technology 52

IPilogue

OCTOBER 25, 2022

Professor of Law at Harvard Law School, where she teaches contracts, international IP, patents, copyright, and courses on Biblical Law. Individuals and companies commonly engage in the strategic purchasing of critical blocking patent portfolios. Professor Ruth L. Okediji is the Jeremiah Smith Jr.

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Intellectual Property IP Patent Troll Technology 111

The IPKat

SEPTEMBER 23, 2022

Over to our Belgian Katfriends : " While 2022 is in full swing with high levels of business in the Belgian courts, 2021 was a quieter year for patent litigators in Belgium. 25 EPC, and the disappearance of the cautio iudicatum solvi that was sometimes required from foreign plaintiffs launching (patent) proceedings in Belgium.

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Litigation Law Patent Invention 82

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. In Nippon Shinyaku v. Sarepta Therapeutics (Fed. In Lear, Inc.

Contracts 61

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.) Despite its effectiveness as a forum for patent owners, the ITC receives a limited number of complaints compared to the U.S.

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False Advertising IP Patent Infringement Intellectual Property 57

Trading Secrets

JANUARY 19, 2022

Moreover, any prior patent of the party seeking to protect its trade secrets should be scrutinized for similarity with the technology or information allegedly comprising a trade secret. that were previously disclosed in its first coiled tubing unit prototype that it had previously patented (the “1998 Patent”). Code §§ 134A.001

Patent 52

Patent Designs Design Confidentiality 52

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.) Despite its effectiveness as a forum for patent owners, the ITC receives a limited number of complaints compared to the U.S.

False Advertising 52

False Advertising Intellectual Property IP Patent Infringement 52

LexBlog IP

JANUARY 19, 2022

Moreover, any prior patent of the party seeking to protect its trade secrets should be scrutinized for similarity with the technology or information allegedly comprising a trade secret. that were previously disclosed in its first coiled tubing unit prototype that it had previously patented (the “1998 Patent”). Code §§ 134A.001

Patent 52

Patent Designs Design Confidentiality 52

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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Blogging IP Designs Design 85

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. LEXIS 170087 (E.D.

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Licensing Contracts Patent Law Law 56

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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Licensing Contracts Patent Law 89