LexBlog IP

JANUARY 20, 2023

On January 6, 2023, Genentech and Tanvex reached a settlement in principle to resolve all claims with respect to Genentech’s BCPIA complaint. Tanvex responded in September 2022, denying infringement of the three patents and asserting counterclaims for declaratory judgment of non-infringement and invalidity.

Settlement 52

Settlement Litigation Reporting Patent 52

IP Watchdog

NOVEMBER 3, 2023

It was another slow week for patent filings at the Patent Trial and Appeal Board (PTAB) and a typical week in district courts, with 52 district court complaints filed and 22 new PTAB petitions. There was a new discretionary denial, a bunch of litigation-provoked high-profile PTAB challenges, and some notable new litigations.

Settlement 57

Settlement Patent Litigation Technology 57

LexBlog IP

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? ” The second standing order applies when third-party persons or entities are “funding [] some or all of the party’s attorney fees and/or expenses to litigate [the] action.

Litigation 52

Litigation Patent Confidentiality Settlement 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 12, 2021

Fish & Richardson was named the 2021 IP Boutique Firm of the Year and International Trade Commission (“ITC”) Firm of the Year by Managing Intellectual Property magazine, as well as the regional Patent Contentious (West) Firm of the Year. district court and ITC bench trials. “We

Intellectual Property 52

Intellectual Property IP Due Diligence Litigation 52

LexBlog IP

JANUARY 16, 2024

The are currently six patents listed in the Purple Book for J&J’s STELARA (ustekinumab). 10,961,307 (“the ’307 patent”) is directed to methods of treating colitis with ustekinumab, and according to the Purple Book, expires on September 24, 2039. Lowey Dannenberg, P.C., and Hagens Berman Sobol Shapiro LLP.

Litigation 52

Litigation Settlement Patent Reporting 52

Selvam & Selvam Blog

NOVEMBER 8, 2022

It decreases the burden of the courts and encourages settlement proceedings among the parties. Traditionally, one key element of mediation is that since the process is voluntary, the parties to the dispute are not obligated to agree to the settlement reached by the mediator. Section 12-A reads as under: 12-A.

Litigation 52

Litigation Intellectual Property Settlement Government 52

LexBlog IP

FEBRUARY 20, 2023

As previously reported , Genentech and Tanvex reached an agreement in January 2022 to settle BPCIA litigation relating to Tanvex’s biosimilar of HERCEPTIN (trastuzumab). The post Genentech BPCIA Trastuzumab Case Against Tanvez Dismissed After Settlement appeared first on Big Molecule Watch.

Settlement 45

Settlement Litigation Reporting Patent 45

IPilogue

AUGUST 17, 2022

The fantastical and mind-blowing virtual worlds of Ready Player One and Sword Art Online may soon be within reach as the patent race for virtual reality technology heats up between major companies like Disney , Microsoft , and Sony. Companies are racing to patent the most comfortable options for VR hardware. .

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Ownership Patent Litigation Technology 105

Biswajit Sarkar Copyright Blog

SEPTEMBER 17, 2021

Law Protection: An Imperative for Prosperity of Rural Poor and Their Settlement” by V. Period 2 (07:31 PM-09:00 PM): “Alternative Dispute Resolution in Intellectual Property Rights: The WIPO Arbitration and Mediation Center” by Dr. Eleftheria Papadimitriou, Lawyer, Mediator, Trainer, ODR System Designer, Greece.

Intellectual Property 40

Intellectual Property Settlement Registration Confidentiality 40

IP Watchdog

SEPTEMBER 17, 2021

An average week saw 54 district court patent filings and 30 Patent Trial and Appeal Board (PTAB) petitions, the majority of the latter being associated with semiconductor litigation.

Patent 101

Patent Settlement Technology Litigation 101

IP Watchdog

JUNE 27, 2023

patent system. Patent and Trademark Office’s (USPTO’s) Advance Notice of Proposed Rulemaking (ANPRM) on “Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings before the Patent Trial and Appeal Board [PTAB]” was Tuesday, June 20.

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Settlement Patent Invention IP 128

LexBlog IP

JUNE 1, 2023

Kewalramani), the Central District of California denied Defendant Netflix’s attempts to compel Plaintiff GoTV Streaming to provide documents and further information as to the source of the litigation funding that GoTV received in conjunction with the patent litigation.

Litigation 52

Litigation Licensing Settlement Patent 52

LexBlog IP

MARCH 6, 2024

announced it has signed a settlement agreement with Bayer Inc. The settlement resolves multiple patent infringement proceedings in the Federal Court of Canada. In March 2023, Health Canada granted tentative approval for YESAFILI 2 mg vials, subject to resolution of any patent disputes. On March 4, Biocon Biologics Ltd.

Marketing 52

Marketing Marketing Settlement Litigation 52

IP Watchdog

SEPTEMBER 1, 2021

A banner week saw the district court roaring back to life with 93 new patent filings and over 50 closed cases, including all of the remanded Section 101 rulings in Realtime Data, LLC. The order is still sealed, but as it closes the cases again, one must assume it provides additional reasoning and again cancels Realtime’s patents under 101.

Settlement 109

Settlement Litigation Patent Intellectual Property 109

Technology & Marketing Law Blog

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” The SAD Scheme capitalizes on weak spots in the Federal Rules of Civil Procedure, judicial deference to IP rightsowners, and online marketplaces’ desire to reduce their liability exposure.

IP 103

IP Intellectual Property Journalism Editing 103

LexBlog IP

JULY 8, 2021

Yesterday, the parties filed a Joint Motion to Stay All Deadlines and Notice of Settlement. The motion states that “[a]ll matters in controversy between the parties have been settled, in principle, and Genentech and Centus are in the process of preparing settlement documents.”

Litigation 52

Litigation Settlement Patent Intellectual Property 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 18, 2020

Discovery in patent cases often requires parties to produce confidential technical, business, and financial information. This designation permits necessary decision-makers to access select information so they can evaluate the case and assess settlement offers. Oftentimes, parties will seek more explicit protections in a patent case.

Litigation 52

Litigation Confidentiality Patent Designs 52

Intellectual Property Law Blog

DECEMBER 15, 2023

Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. 10,149,820 (the “’820 patent”), which is directed to compositions and methods for treating pterygium. Background Cloudbreak owns U.S.

Marketing 162

Marketing Marketing Settlement Patent 162

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

Patent 102

Patent Intellectual Property Invention Inventor 102

Technology & Marketing Law Blog

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

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Publishing Intellectual Property Litigation IP 69

IP Watchdog

AUGUST 3, 2022

Court of Appeals for the Seventh Circuit agreed with a district court earlier this week that neither a settlement agreement between AbbVie and a number of generic biologics companies, nor the 132 patents owned by Abbvie covering its blockbuster drug, Humira, violate the Sherman Antitrust Act.

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Settlement Patent Government Litigation 116

IP Watchdog

JANUARY 3, 2024

entered into a settlement and license agreement in 2014, following years of patent litigation over their competing glucose monitoring system patents. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential ruling that affirmed a district court’s denial of preliminary injunction to DexCom, Inc.,

Settlement 57

Settlement Contracts Government Licensing 57

IP Close Up

APRIL 10, 2023

patents approaching four million you would think patent suits are also up. Litigation is more infrequent than Continue reading With the number of active U.S. Think again.

Patent 74

Patent Litigation Settlement Intellectual Property 74

IPilogue

JANUARY 24, 2022

Little did I know that the price of patented medicines is capped on a case-by-case basis by the federal Patented Medicine Prices Review Board. The management of intellectual property, having its own dedicated counsel and litigation report separate from all other legal matters, is unsurprisingly a priority for Teva.

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Intellectual Property Branding Brands Branding 81

43(B)log

DECEMBER 16, 2022

15, 2022) The court of appeals reversed summary judgment in favor of an insurer, and ordered partial summary judgment for the insured, on the duty to defend in underlying litigation based on advertising injury coverage for trade dress infringement (depicting allegedly infringing products) in the insured’s advertising.

Advertising 59

Advertising Advertising False Advertising Intellectual Property 59

IPilogue

JANUARY 25, 2023

This semester, as part of Osgoode’s Intellectual Property Law & Technology Intensive Program, I had the pleasure of participating in a 10-week internship at Teva Canada (“Teva”), a (mainly) generics pharmaceutical company, and it was the highlight of my tenure thus far at Osgoode. I participated in a settlement negotiation.

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Confidentiality Contracts Intellectual Property Law Litigation 106

Patently-O

FEBRUARY 17, 2023

This landmark legislation, modeled on the Uniform Trade Secrets Act, elevated and expanded trade secret law’s role in the federal intellectual property system. DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity.

Litigation 105

Litigation Intellectual Property Business Government 105

The IPKat

AUGUST 16, 2021

Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. The patent is valid until 21 December 2023. So what is going on? Let’s start at the beginning.

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Patent Troll Marketing Marketing Patent 86

IP Watchdog

MAY 12, 2022

This week saw 60 district court patent complaints, 76 terminations, 26 Patent Trial and Appeal Board (PTAB) petitions (some post grant reviews [PGRs] in there), and two new Fintiv denials—one PGR and one inter partes review (IPR).

Settlement 104

Settlement Patent Technology Litigation 104

LexBlog IP

MARCH 10, 2022

The announcement states that under the settlement agreement, Alvotech has non-exclusive rights to market AVT02 in the United States starting July 1, 2023. The post Alvotech and AbbVie Settle Patent Dispute appeared first on Big Molecule Watch. AVT02 is approved in Europe, Canada, and the United Kingdom.

Patent 52

Patent Settlement Litigation Patent Infringement 52

IP Close Up

MAY 9, 2023

patents approaching four million you would think patent suits are also up. Litigation is more infrequent than Continue reading With the number of active U.S. Think again.

Patent 52

Patent Litigation Settlement Intellectual Property 52

LexBlog IP

APRIL 4, 2023

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). Technologies is similar to other NPEs, asserting two patents against well-known companies for technology that has been around since the turn of the millennium.

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Technology Patent Troll Settlement Inventor 52

LexBlog IP

SEPTEMBER 15, 2022

. (“Samsung”) in the District of Delaware, alleging infringement of fourteen patents under the BPCIA based on Samsung’s submission of an aBLA for SB8, a proposed biosimilar of AVASTIN (bevacizumab). On September 7, 2022, Genentech and Samsung filed a joint stipulation of dismissal of their BPCI patent litigation.

Patent 52

Patent Settlement Marketing Marketing 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Fish attorney Kurt Glitzenstein spoke with The American Lawyer about Fish’s success on being the busiest patent litigation firm in the land. He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more. I received my B.S.

Litigation 40

Litigation Technology Business Patent 40

Biswajit Sarkar Copyright Blog

DECEMBER 19, 2023

Subsidies offered for Patent and Trademark (in selected categories) registration, encouraging innovation and protecting intellectual property. This made it intricate and perplexing for litigants, especially small business owners reliant on consistent cash flow.

Settlement 52

Settlement Intellectual Property Registration Designs 52

LexBlog IP

OCTOBER 27, 2021

Patent and Trademark Office Patent Trial and Appeal Board (PTAB) recently released an updated Orange Book patent/biologic patent study on August 11, 2021. Only 4% of AIA petitions during this time have challenged Orange Book patents, and 2% of petitions have challenged biologic patents. Trends Over Time.

Patent 52

Patent Settlement Litigation Reporting 52

LexBlog IP

APRIL 13, 2023

VirnetX is a classic example of an NPE that does not qualify as a “patent troll.” Patent trolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit. VirnetX, on the other hand, licenses its patents for eight and sometimes nine figures.

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Patent Troll Settlement Licensing Confidentiality 52