The IPKat

FEBRUARY 19, 2023

Do common law doctrines such as the doctrine of (un)clean hands apply in the consideration of a patentee's claim for patent infringement in South Africa? This was the key question before South Africa's apex court, the Constitutional Court in Villa Crop Protection (Pty) Ltd v Bayer Intellectual Property GmbH decided in December 2022.

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Intellectual Property Patent Infringement Law Patent 52

JD Supra Law

FEBRUARY 25, 2022

Lee of the United States District Court for the Northern District of Illinois denied a biosimilar applicant defendant’s motion to dismiss patent infringement claims brought in the second phase of the parties’ Biosimilar Price Competition and Innovation Act (“BPCIA”) litigation. By: Mintz - Intellectual Property Viewpoints

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Intellectual Property Law Blog

DECEMBER 1, 2021

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). SecurityPoint brought its claim for patent infringement against the United States under 28 U.S.C.

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Patent Infringement Patent Government Licensing 246

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. A statutory defense to patent enforcement could be another solution, as seen in the American approach in 28 U.S. Code § 1498 (a).

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Patent Infringement Law Patent Ownership 116

IP Watchdog

NOVEMBER 15, 2021

The complaint alleged that Scientific Games, through its acquired entity, SHFL Entertainment, brought patent infringement litigation in 2009 and 2012 based on fraudulently obtained patents for automatic card shufflers used in licensed casinos. The plaintiffs had sued Scientific Games Corp.

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Patent Infringement Patent Litigation Licensing 119

IPilogue

OCTOBER 20, 2021

The US has started a worldwide complaint about China’s new legal strategy against intellectual property (IP) theft claims. InterDigital, based in Delaware, USA, holds multiple patents for digital technology used in smartphones across the world. Since the beginning of 2020, four claims of IP theft have gone to Chinese courts.

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IPilogue

AUGUST 24, 2022

Litigation is almost always recommended to be avoided , whether because of the sheer amount of time needed to get a court date, the expensive costs for the client and law firm, or the risks associated with receiving an unfavorable judgement. Michelle Mao is an incoming 2L JD student at Osgoode Hall Law school and an IPilogue Writer.

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IP Watchdog

APRIL 18, 2024

In patent litigation, damages issues are sometimes treated as an afterthought when compared to the issues of infringement and invalidity. However, achieving a client’s goals requires an attorney to place damages at the center of the litigation strategy from the very beginning.

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Litigation Patent Patent Infringement Intellectual Property 59

IP Watchdog

MAY 9, 2022

Most companies are aware of the potential patent infringement liability for sales made in the United States but may not know that liability for infringing a U.S. patent can also extend to the processes used to make their product—even when manufacturing is done entirely outside the United States by a contract manufacturer.

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Patent Infringement Patent Contracts Technology 122

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. In Nippon Shinyaku v. Despite this language, Sarepta filed seven petitions for inter partes review (“IPR”). The Federal Circuit disagreed.

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Patent Infringement Intellectual Property Contracts Confidentiality 245

SpicyIP

SEPTEMBER 25, 2023

Adding another leaf to the FCM patent litigation saga, the Delhi High Court on September 19 refused to grant an interim injunction to Vifor considering the launch of the Biological E’s product in the market. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law.

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Patent Infringement Patent Marketing Marketing 105

IIPRD

JANUARY 23, 2023

The interface of Intellectual Property (IP) incline with Amazon’s approach herein. In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. Patent infringement can occur in both of these roles.

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Patent Infringement Patent Cease and Desist IP 52

IP Watchdog

APRIL 18, 2023

government statement of interest filed in a patent infringement suit against Moderna, Inc.’s That statement argued that Moderna should be released from infringement liability under the terms of a government contract that “authorize[d] and consent[ed] to all use and manufacture” of any U.S. patented invention.

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Patent Infringement IP Government Patent 128

Larson & Larson

JUNE 1, 2021

Patent infringement encompasses unauthorized making, use, sale, or offering for sale any patented invention within the United States jurisdiction. As a result of this infringement, a patentee whose patent is infringed may file a lawsuit seeking appropriate relief from the federal court.

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Patent Infringement Patent Intellectual Property Invention 52

JD Supra Law

DECEMBER 14, 2023

After four years of litigation, Australian-based CAP-XX, Ltd. finally commenced its patent infringement trial this Monday against Maxwell Technologies, Inc. By: Mintz - Intellectual Property Viewpoints before Judge Jennifer Hall and a Delaware jury and is set to end on Friday.

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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. In Nippon Shinyaku v. Despite this language, Sarepta filed seven petitions for inter partes review (“IPR”). The Federal Circuit disagreed.

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Patent Infringement Intellectual Property Contracts Confidentiality 130

LexBlog IP

MARCH 5, 2023

Nu Tsai Capital, LLC, [2023-1146] (February 17, 2023), the Federal Circuit vacated a preliminary injunction against Lite-Netics patent-related speech, holding that the district court abused its discretion. Patent Nos. Harness IP is celebrating more than 100 years as an intellectual property law firm. patents.

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Patent Infringement Patent Intellectual Property Law Litigation 52

IP Watchdog

MARCH 15, 2022

In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. The plaintiffs have alleged that Moderna infringed U.S. and ModernaTX, Inc.

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Patent Infringement Patent Technology Litigation 133

LexBlog IP

AUGUST 21, 2023

.” GSK seeks findings of infringement, a permanent injunction, lost profits and/or royalties, and attorneys’ fees. Stay tuned for more coverage of this case and other big molecule litigations! The post GSK Sues Pfizer for Patent Infringement over RSV Vaccine appeared first on Big Molecule Watch.

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Patent Infringement Patent Invention Litigation 52

IP Watchdog

MARCH 8, 2023

government’s recent statement of interest filed in a patent infringement suit against Moderna’s COVID-19 vaccine. That statement argued that Moderna should be released from infringement liability under the terms of a government contract that “authorize[d] and consent[ed] to all use and manufacture” of any U.S.

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Patent Infringement Government Patent Contracts 105

Larson & Larson

DECEMBER 7, 2022

As a business owner, it’s important to be aware of the potential for patent infringement. A patent is a legal document that grants the holder the exclusive right to make, use, and sell an invention for a certain period of time. When it comes to patent infringement, there are a few key things to keep in mind.

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Patent Infringement Patent Invention Business 40

LexBlog IP

JULY 22, 2022

Chinese Patent Litigation: Leveraging Specialized IP Courts. Selecting a jurisdiction for Patent Litigation in China. In China, when multiple courts would have jurisdiction over a plaintiff’s case, a patent owner can choose which court will try their case.

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Litigation IP Patent Patent Infringement 52

LexBlog IP

DECEMBER 19, 2023

Why then do the headlines on this story notably lack the large damage awards one would typically see in a finding of patent infringement? The answer highlights some of the pros and cons of using the ITC to enforce patents over federal district courts. § 1337), commonly referred to as a “Section 337 investigation.”

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Litigation Patent Intellectual Property Patent Infringement 52

IP Watchdog

JANUARY 1, 2023

Substantial patent litigation activity occurred in the mRNA space in 2022, involving nearly all of the major mRNA and lipid nanoparticle (LNP) pioneers. Since this is the most significant happening in this space with respect to IP in 2022, this post will provide an overview of that activity as well as a summary exposure analysis.

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Litigation IP Patent Patent Infringement 125

Patently-O

JULY 14, 2022

This prompted the question for me: who actually files appeals in patent infringement cases and how representative are they of the underlying civil actions filed in the courts? It turns out that the answer is “mostly patent asserters” and that they aren’t necessarily representative of case filings. 235 (2018) ).

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Patent Patent Infringement Intellectual Property Litigation 137

LexBlog IP

JULY 11, 2022

Goodwin is actively seeking Science Advisors to join its Intellectual Property (IP) Litigation group. IP litigation requires both an understanding of the law and a firm handle on the technical aspects of the patents at issue, especially when the patents cover complex technologies including those in the pharmaceutical space.

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Litigation IP Intellectual Property Technology 52

IP Watchdog

JUNE 22, 2023

Court of Appeals for the Federal Circuit (CAFC) ruled in a nonprecedential opinion that a Florida district court correctly dismissed a UK-based patent owner’s infringement case after he willfully disobeyed the court and disrupted the enforcement of a court order.

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Patent Infringement Inventor Patent Technology 64

The IP Law Blog

MAY 11, 2023

The ‘911 patent relates to “extraction of pharmaceutically active components … more particularly … botanical drug substance (B.D.S.) UCANN filed for bankruptcy in 2020, which stayed the litigation. The parties stipulated to dismiss the infringement claims with prejudice in 2021. The stipulation made no mention of attorney fees.

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The IPKat

APRIL 24, 2023

Last Friday, WIPO published An International Guide to Patent Case Management for Judges. For each jurisdiction, there are several chapters which sets out the procedure and practice for managing patent cases, namely patent infringement cases., while also " integrating pertinent patent law doctrines ".

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LexBlog IP

SEPTEMBER 22, 2023

We previously reported on patent infringement litigations between Alnylam and Moderna. First, in a patent action brought by Alnylam Pharmaceuticals, Inc. (“Alnylam”) against Moderna, Inc., Stay tuned to Big Molecule Watch for more updates on this litigation. ModernaTX, Inc., and Moderna US, Inc.

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Litigation Patent Patent Infringement Art 52

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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Litigation IP Patent Copyright 52

Patently-O

SEPTEMBER 13, 2022

Recent Headlines in the IP World: Carmel Wroth and Joe Palca: Moderna Suing Pfizer, BioNTech for Patent Infringement in Development of COVID-19 Vaccine (Source: NPR). Sean Silcoff: BlackBerry’s US$600-Million Patent Sale in Doubt as Canadian-Led Lending Syndicate Bails (Source: The Globe and Mail). Dority & Manning.

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Intellectual Property Patent Journalism Patent Infringement 69

Indiana Intellectual Property Law

MARCH 8, 2023

for patent infringement. Vieneci is accused of patent infringement in violation of 35 U.S.C. § Indianapolis, Indiana –The Plaintiff, TeleBrands Corporation , filed suit against Plaintiff, Vieneci Garden, Inc.

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Patent Infringement Patent Television Designs 40

Indiana Intellectual Property Law

JUNE 25, 2021

Westwood claims it began notifying the Defendant, Local Radio Networks LLC (“LRN”), regarding its ownership of the Patents in Suit in May 2020. It appears the alleged infringement had not ceased after these communications and therefore Westwood filed suit for willful patent infringement.

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Patent Infringement Patent Ownership Litigation 52

IP Watchdog

JULY 22, 2022

The major streaming companies, including Disney, challenged WAG Acquisitions [of Woodsford Litigation Funding] patents before the Board; SharkNinja challenges Bissel patents on vacuum cleaners; and FedEx challenged patents owned by Raymond Anthony Joao’s ultra-litigious Transcend Shipping.

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Litigation Patent Patent Infringement Government 111

IP Watchdog

MARCH 19, 2024

Last week, the Judicial Conference of the United States issued guidance on recently announced changes to case assignment policies designed to prevent gamesmanship in litigation filed in U.S. district court.

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Law Patent Infringement Litigation Designs 64

Indiana Intellectual Property Law

JULY 30, 2021

Because Social claims the Product infringes on at least Claim 1 of the ‘365 Patent, it is seeking damages for patent infringement pursuant to 35 U.S.C. § The case was assigned to Judge James R. Sweeney II and Magistrate Judge Tim A. Baker in the Southern District of Indiana assigned Case No. 1:21-cv-01071-JRS-TAB.

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Patent Infringement Patent Litigation 52