The IPKat

FEBRUARY 23, 2023

In the fight against intellectual property rights (IPRs) infringements, China does not consider punitive damages as a taboo. During the validity period of the patent, one of the two defendants,** ‘Baijia store’, sold Jin’s patented products without permission. On the contrary: it has embraced them as a useful tool.

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The IPKat

SEPTEMBER 14, 2022

The book's cover wonderfully matches the colours of the Villa Salviati gardens This is a book review of IP Accidents: Negligence Liability in Intellectual Property , by Patrick Goold , City Law School, University of London. IP Accidents offers another creative inquiry that goes to the heart of IP.

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LexBlog IP

AUGUST 11, 2021

With all these various fast food restaurants entering the fray, why did Chick-fil-A or other early players in the chicken sandwich game not block these upstarts with copyright or patent infringement injunctions? A 2015 court case and trade secret law help shed some light on this question.

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The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. And with patents, the only protection arises when the USPTO issues a patent on an invention.

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The IP Law Blog

DECEMBER 8, 2023

Million in damages for infringing one of its wireless technology patents. Netflix has been ordered to pay GoTV Streaming $2.5 Scott Hervey and Eric Caligiuri discuss this update on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

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LexBlog IP

FEBRUARY 27, 2023

The District of Delaware is renowned as a patent litigation hot spot, but the district sees its fair share of other IP litigation. Judge Andrews’s Javo opinion is a guidepost for parties that are either pleading infringement or trying to dismiss infringement claims early. at 1212 (Thomas, J., dissenting)).

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The IPKat

FEBRUARY 14, 2022

Although spring is one month and a couple of days away from us, IP events and opportunities are already blooming and you can find a bundle of the best here. OxFirst - Damage Calculations in Patent Infringement Cases in the U.S.A. - Registration is open and can be made here. The deadline for application is 11 March 2022.

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IP Watchdog

SEPTEMBER 6, 2021

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.

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43(B)log

DECEMBER 15, 2023

The court rejected arguments that the materiality of the claim distinguished it from Dastar -barred claims, and that “first of its kind” doesn’t necessarily imply anything about patent/IP status. Vericool didn’t help its claim by stating in its papers that “[t]o vigorously defend its patent, Vericool World had to bring this claim.”

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Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. Patent laws acknowledge that patents play a crucial role in facilitating the exchange of goods and services.

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LexBlog IP

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. And with patents, the only protection arises when the USPTO issues a patent on an invention.

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IP Watchdog

NOVEMBER 2, 2022

Jump Rope Systems, the inventor of a novel jump rope system, is petitioning the Supreme Court to clarify “whether, as a matter of federal patent law, a determination of unpatentability by the Patent Trial and Appeal Board in an inter partes review proceeding, affirmed by the Federal Circuit, has a collateral estoppel effect on patent validity in a (..)

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Inventor Invention Patent Infringement Patent Law 69

The IP Law Blog

MARCH 17, 2022

For clarity, this covenant not to sue includes, but is not limited to, patent infringement litigations, declaratory judgment actions, patent validity challenges before the U.S. Patent and Trademark Office or Japanese Patent Office, and reexamination proceedings before the U.S. emphasis added).

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LexBlog IP

NOVEMBER 15, 2022

While physically marking such a product is not always trivial (or desirable from a product aesthetic/marketing standpoint), an appropriate patent marking as suggested below would have provided the patent owner with the ability to collect pre-suit damages. Patent Act has been provided.

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The IP Law Blog

NOVEMBER 3, 2022

The next chapter in this story is about the intellectual property behind the vaccines. and the wealthy countries, Moderna announced that it expected its competitors to respect Moderna’s intellectual property and that it would offer patent licenses on reasonable terms to those who asked.

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IP Intellectual Property Technology Publishing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. 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.

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SpicyIP

MARCH 21, 2024

This report which is mandated under American law and placed before the US Congress, requires the USTR to conduct a review of the intellectual property (IP) laws and enforcement policies of American trading partners in order to identify those laws or practices which maybe detrimental to American interests.

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More Than Your Mark

FEBRUARY 11, 2019

Despite the widely diverging needs of the different industries that make use of the US patent system, US patent law applies essentially the same rules to innovations from all technology fields. patent system are discussed below. Also provided is a 180-Day generic drug exclusivity for the first Paragraph IV filer(s).

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LexBlog IP

MARCH 21, 2022

I am excited to announce the publication of the Intellectual Property Owner (IPO) ’s white paper on “ Protecting Inventions Relating to Artificial Intelligence: Best Practices. Whether an AI can be an “inventor” as defined by various patent laws. Prosecution of AI inventions.

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Invention Inventor Intellectual Property Patent Infringement 52

The IP Law Blog

MARCH 9, 2023

Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. In Bell Semiconductor, LLC v. Omnivision Technologies, Inc. , 8-22-cv-01979 (CDCA Mar. 1, 2023)( John A.

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Designs Design Patent Patent Infringement 98

The IP Law Blog

JULY 15, 2021

Explain whether the state of patent eligibility jurisprudence in the United States has caused you to modify or shift investment, research and development activities, or jobs from the United States to other jurisdictions, or vice versa. intellectual property. economy.

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The IP Law Blog

APRIL 21, 2022

Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. These four types of inventions are referred to as patent-eligible subject matter. Some things, referred to as patent-ineligible subject matter, are not patentable: laws of nature, natural phenomena, and abstract ideas.

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Invention Patent Patent Law Patent Infringement 98

The IP Law Blog

MARCH 16, 2023

I recently wrote about the patent infringement lawsuit filed by Moderna against Pfizer/BioNTech over the COVID-19 vaccine. In its complaint filed in federal district court in Boston last August, Moderna alleged that Pfizer/BioNTech infringed three of Moderna’s patents in developing the Pfizer/BioNTech COVID-19 vaccine.

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The IP Law Blog

APRIL 27, 2023

Any person other than the patent owner may file a petition for an IPR, challenging the patentability of any claim of an issued patent. In general, a petition cannot be filed until at least nine months after the grant of the patent.

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IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

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SpicyIP

MARCH 11, 2024

Here is our recap of last week’s top IP developments. Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation.

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LexBlog IP

MARCH 27, 2023

With respect to the first factor, the district court acknowledged that state-law tort claims based on the communication of patent rights “are preempted by federal patent laws, unless the claimant can show that the patent holder acted in bad faith.” Lite-Netics appealed.

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The IP Law Blog

NOVEMBER 17, 2022

In patent infringement cases, venue is proper under 28 U.S.C § 1406(a) where either (1) the company accused of infringement is incorporated or (2) where the company has committed acts of infringement and has a “regular and established place of business.”

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Litigation Patent Business Patent Infringement 98

The IP Law Blog

OCTOBER 27, 2022

In SSMiller IP LLC v. Sugar Beets LLC, 2-22-cv-02576 (CDCA Oct. 21, 2022) District Judge George H. Wu of the Central District of California found the parties did not sufficiently meet and confer as required by the Local Rules before Plaintiff filed its motion to dismiss Defendant’s noninfringement and invalidity counterclaims.

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The IP Law Blog

MAY 7, 2021

As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.”

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Litigation Patent Infringement Patent Government 94

The IP Law Blog

FEBRUARY 2, 2023

The LKQ case involves a challenge by LKQ to the validity of a design patent owned by GM. The patent covered a design for a vehicle front fender. LKQ had licensed the patent from GM, but when the license was not renewed, GM accused LKQ of patent infringement.

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The IP Law Blog

MAY 11, 2023

When a patent infringement case is dismissed with prejudice, the accused defendant is the prevailing party under most circumstances. This case provides three important reminders. First, do not assume that a joint motion to dismiss means there will be no prevailing party and, thus, no award of attorney fees.

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LexBlog IP

APRIL 21, 2022

Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. These four types of inventions are referred to as patent-eligible subject matter. Some things, referred to as patent-ineligible subject matter, are not patentable: laws of nature, natural phenomena, and abstract ideas.

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Invention Patent Patent Infringement Patent Law 52

IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

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LexBlog IP

AUGUST 31, 2021

.” HTC did not support its proposed jury instructions with French law or the specific provisions of Ericsson’s FRAND commitment with ETSI: In spite of [Ericsson’s FRAND commitment being governed by French contract law], HTC’s proposed jury instructions are based on United States patent law.

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The IP Law Blog

JUNE 9, 2022

Under this test, a design patent is infringed if an ordinary observer would consider the design suspected of infringing and the patented design to be substantially the same.

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Intepat

MAY 22, 2023

However, something more than conception is required for an invention to be ready for patenting. As a result of which the patent attorney will develop the wide- ranging claims possible without becoming an inventor. The post What Is The Right Stage For Filing A Patent? appeared first on Intepat IP.

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