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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IPilogue

JANUARY 25, 2023

In the patent law textbook, we learned about filing and expiry dates of patents in one chapter, and grounds for invalidity in another. This integration of patent law concepts also demonstrated the interplay between business and the law as the legal department’s vigilance on these matters was crucial to business success.

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Biswajit Sarkar Copyright Blog

DECEMBER 3, 2022

A patent is an exclusive right granted to the owner of an invention, that allows him to prevent others from making, using, or selling the invention without the consent of the owner. The patent law in India is governed by The Patent Act, 1999 (hereinafter referred to as the Act). A patent is territorial in nature.

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Kashishipr

JULY 7, 2021

The first is trade secrets, and the second is patents. Another mode of protection could be through enforcement of the law against industrial or commercial espionage, breach of contract, and breach of confidence. Since the same has not been patented, it has never been revealed publicly. The term of protection is 20 years.

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The IPKat

OCTOBER 21, 2022

The leafy premises of the Bundespatentgericht, to be shared by the Central division of the UPC in Munich Earlier this week, the Unified Patent Court (UPC) took a step closer towards fruition with the announcement of its judicial appointments and composition of its Praesidium.

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Patently-O

APRIL 11, 2024

United States patents are generally territorial. Or so one may think reading the Patent Act. It would be simpler for a patent holder to just use the U.S. patent to cover foreign activity. So, when – if ever – can a patent owner receive damages for foreign activity that may flow from acts of domestic infringement?

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IPilogue

OCTOBER 5, 2021

This licence will foster green energy developments by using ESG’s cutting-edge patented technology to generate net-zero carbon emissions from services such as plastic recycling and cryptocurrency mining. The agreement gives Viking the exclusive patent rights to ESG’s technology and knowledge regarding clean energy.

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The IPKat

JULY 5, 2021

The referral related to the legal justification for the prohibition of double patenting. This prohibition prevents the grant of more than one European patent application having the same filing date and applicant, and directed to the same subject matter.

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IAM Magazine

SEPTEMBER 10, 2021

The appeal judges’ recent decision in favour of Ericsson over HTC endorsed the comparable licensing royalty valuation approach and confirmed such disputes were about breach of contract, not patent law.

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IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Patents also provide inventors with temporary exclusive rights to their discoveries.

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The IPKat

OCTOBER 7, 2021

This guest post, addressing Monsanto’s OA18791A patent, is brought to you by Lodewijk Van Dycke. Lodewijk is a PhD candidate and affiliated researcher at KU Leuven Centre for IT & IP Law (CiTiP) and a scholarship holder at Max Planck Institute for Innovation and Competition. OAPI granted the patent on 31 May 2019.

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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. Jin thus dropped the suit.

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The IPKat

APRIL 22, 2024

Aimed at private practice lawyers, judges, prosecutors, ministry officials and other practitioners seeking an introduction to European information technology law, this live online course will offer participants the possibility to interact instantly and directly with top-class speakers while saving you time and money.

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IP and Legal Filings

APRIL 18, 2023

Introduction As artificial intelligence continues to gain momentum in various industries, the question of whether artificial intelligence can be a patent owner has become increasingly relevant. Under current patent law, only a human inventor or a company employing human inventors can be granted legal personality and own a patent. [2]

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Patently-O

JANUARY 19, 2024

ITC , the Federal Circuit has affirmed determinations by the International Trade Commission (“ITC”) favoring the patent holder Universal Electronics, Inc. The most interesting part of the case for me is the assignment issue – whether the patents had been properly assigned at the appropriate time. Universal”).

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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. Patent and Trademark Office ….

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Intepat

JUNE 14, 2024

In an age of innovation and technology and stricter patent regulations, trade secrets have emerged as a breath of fresh air for companies facing difficulties in obtaining patent protection. Trade secrets offer a simpler and more accessible option, giving it an edge over patents.

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IAM Magazine

SEPTEMBER 10, 2021

The appeal judges’ recent decision in favour of Ericsson over HTC endorsed the comparable licensing royalty valuation approach and confirmed such disputes were about breach of contract, not patent law.

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IPilogue

JULY 22, 2022

In this role, she presented a seminar with the City of Barrie Sandbox Centre along with her peers on “ The Mechanics of Filing a Patent & Patent Law ”. D’Agostino on research around privacy rights in contract tracing amidst the COVID-19 pandemic. Outside of her course involvement, she also worked with Prof.

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LexBlog IP

MARCH 13, 2024

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). For now, not much will change from a legislative perspective.

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Patently-O

MAY 2, 2022

2022) focuses on the classic patent law question of whether the inventor’s pre-filing sales activity serve to bar the patent from issuing. Sunoco’s patents cover systems for blending butane into gasoline. The patents here are pre-AIA and so the on-sale bar included a one-year pre-filing grace period.

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The IPKat

DECEMBER 23, 2023

If you've been too wrapped up with preparations for the holiday season , here's a summary of the IP news that you might have missed last week: Patents This Kat is still contemplating which IP books to put on her Christmas wish-list. Léon has recently published a book on the subject, which is being launched on 12 January 2024.

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Patently-O

MARCH 26, 2024

I thought I would write a more complete discussion of this important historic patent case. Atlantic Works has had a profound impact on the development of patent law, particularly in shaping the doctrine of obviousness, but more generally providing theoretical frameworks for attacking “bad patents.” Claims: 1.

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LexBlog IP

FEBRUARY 15, 2022

2] The newly amended China Patent Law that took effect on June 01, 2021, extended the term of a design patent from 10 years to 15 years, which is in line with the minimum term of protection that a contracting party must provide is 15 years under the Hague System. 1] See [link]. [2] 2] See , [link].

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LexBlog IP

DECEMBER 6, 2022

The first legal alternative at hand is to get a patent for the innovation. However, patents are not the only mechanism to obtain legal protection; other instruments may provide effective legal protection, as long as the innovator plans and implement measures and proceedings, from an early stage, to secure protection.

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IIPRD

JUNE 13, 2024

AI and intellectual property rights (IPR) aren’t just something for the patent and copyright geeks to nerd out on although it is that, it is something that going to have a lot of commercial and social impacts as AI challenges a lot of the ways we function in IPR. This marks a significant shift in the prevailing paradigm.

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Olartemoure Blog

MAY 13, 2022

On 5 May 2022, The People’s Republic of China (PCR) deposited a declaration of extension of the territorial application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) to Hong Kong, Special Administrative Region. . 12/05/22 – International Trade. 12/05/22 – International Trade.

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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

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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The IPKat

JANUARY 7, 2024

The decision of the Munich Local Division of the UPC in SES vs. Hanshow provides a first indication of how the nascent UPC will approach patent claim interpretation. Hanshow : Case background The case ( UPC-CFI-292/2023 ) heard by the Munich Local Division of the UPC, related to the alleged infringement of SES's patent EP 3883277 by Hanshow.

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Kluwer Copyright Blog

MARCH 13, 2024

The social contract of copyright, which main purpose is to realize a broader collective concern, the access of citizens to science and culture ( Geiger, 2013 ), lies in the approximation of the interests of rightholders and users. The purpose of copyright, its social and innovation function, is thereby seriously undermined.

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Trading Secrets

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement). You might be safe as long as the enablement requirement is not satisfied.

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IP and Legal Filings

NOVEMBER 30, 2022

More and more loans are being supported by certain intellectual property assets, such as copyrights, designs, and patents, or revenue streams connected to these assets. Collateral is frequently utilised with tangible assets owned by a firm, such as equipment and buildings. Other valuation approaches.

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LexBlog IP

APRIL 18, 2023

Disclosure of Patentable Ideas To figure out if disclosing invention details to ChatGPT is a public disclosure under patent law, we need to see if it can be categorized as a description in a printed publication, public use, or public sale. enablement). You might be safe as long as the enablement requirement is not satisfied.

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The IPKat

SEPTEMBER 12, 2021

The second of these decisions, Abbott v Dexcom [2021] EWHC 2246 , concerned Abbott's latest application to expedite a patent trial revoking four of Dexcom's patents. The global litigation Both parties have a number of patents covering the CGM devices. Mr Justice Mellor dismissed the application " with some regret ".

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Court, before the U.S.

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43(B)log

FEBRUARY 3, 2023

Lemley: Patent law uses the actual license amount; there’s no reason to use a multiplier when we actually know. But that’s supposedly not the law we have, and also brings in punitive damages constitutional jurisprudence. Universal, 2019: Software company A sells to B with a contract that maybe prohibits modification.

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