Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

But that time has not yet arrived, and, if it does, it will be up to Congress to decide how, if at all, it wants to expand the scope of patent law.” at *17-18. A copy of the Memorandum Opinion is attached.

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Inventor Patent Intellectual Property Patent Law 91

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.

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Intellectual Property Journalism Intellectual Property Law Litigation 52

The IP Law Blog

APRIL 27, 2023

Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue.

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Patent Litigation Patent Infringement Invention 98

SpicyIP

MAY 8, 2022

We’re pleased to bring to you a guest post by Eashan Ghosh on the treatment of prosecution history in trade mark infringement proceedings. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi.

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Intellectual Property Intellectual Property Law Registration Law 122

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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Patent Licensing Intellectual Property Technology 52

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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Contracts Law Patent Licensing 119

SpicyIP

JULY 25, 2023

While several intellectual property rights battles are being fought over the mRNA platform, a key question that remains unaddressed is whether and to what extent mRNA is patent eligible. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection.

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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

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

MAY 7, 2021

285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.” . 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

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

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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Patent Social Media Patent Infringement Litigation 52

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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Technology Licensing Patent Application Patent Infringement 98

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

The IP Law Blog

NOVEMBER 18, 2021

This process, called “ inter partes review” (“IPR”), is widely used to determine the patentability of patent claims that are the subject of pending patent infringement litigation in district court. An IPR functions similar to a civil litigation once instituted.

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Litigation Patent Technology Invention 75

LexBlog IP

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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Litigation Patent Intellectual Property Branding 52

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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SpicyIP

MARCH 11, 2024

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. Justice Prathiba M Singh’s Commentary on patents law released.

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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. Apportionment.

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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. Orange Book – NDA sponsors to identify patents it believes cover its drug, which the FDA lists in the Orange Book. 35 U.S.C. §

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IP Marketing Marketing Invention 52

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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Licensing Contracts Law Patent Law 52

IP Watchdog

OCTOBER 21, 2021

So, even though it is believed Judge Koh can and will easily receive a favorable confirmation vote, the questions relating to the intersection of antitrust and patent law demonstrate a keen awareness and interest in these issues on the Senate Judiciary Committee.

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