JD Supra Law

DECEMBER 19, 2023

Market Supervision Administration of Guangdong Province "2021 Typical Cases of Intellectual Property Administrative Law Enforcement" patent infringement case No.

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The IPKat

FEBRUARY 23, 2023

In the fight against intellectual property rights (IPRs) infringements, China does not consider punitive damages as a taboo. This post discusses a recent patent case in which the Supreme People’s Court of China (SPC) awarded punitive damages upon post-settlement-agreement repeated infringement. Shelly: 'Oops!…You

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IP Watchdog

AUGUST 22, 2023

Following years of infringement litigation over its patented wireless chip technologies, the California Institute of Technology (Caltech) has recently enjoyed a pair of settlement outcomes pointing to the strength of the research university’s patent holdings.

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JD Supra Law

FEBRUARY 10, 2022

The Cost of Protecting Intellectual Property- A typical scenario for a patent infringement lawsuit may begin with some potential defendant selling a product. Next thing: you must defend against a patent infringement suit. By: Caldwell Intellectual Property Law

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LexBlog IP

AUGUST 30, 2023

It has been reported that Celltrion has finalized a settlement with Johnson & Johnson (“J&J”) in the United States relating to CT-P43, Celltrion’s ustekinumab biosimilar to J&J’s STELARA®, which would permit Celltrion to launch the product in the U.S. market on March 7, 2025, if approved by FDA.

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LexBlog IP

AUGUST 16, 2023

On August 7, 2023, Formycon AG and Fresenius Kabi announced that they have reached a settlement with Johnson & Johnson (“J&J”) in the United States relating to FYB202, a proposed ustekinumab biosimilar to STELARA®, marketed by J&J. Economic terms of the settlement were not disclosed in the press release.

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LexBlog IP

AUGUST 5, 2021

Settlement Prior to Trial Institution May Not Require Filing of Settlement Documents. Back in 2015, I pointed out that an opinion of the Federal Circuit called into question the PTAB’s practice of requiring settlement documents to terminate an AIA trial preliminary proceeding. § 42.74, which also addresses settlement.

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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 another Fintiv discretionary denial this week: here, a Chinese patent owner, Ningde Amperex Technology Ltd.,

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LexBlog IP

APRIL 20, 2022

” The need for spring cleaning, and a sense of coming out of hibernation, seems especially acute this April for this intellectual property lawyer. ” Interestingly, this spring cleaning language hits other patents and trade secrets as well. .” Yet, Elster refused to enforce just such long-standing rules.

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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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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.

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LexBlog IP

FEBRUARY 20, 2023

In 2017, Genentech also reached a settlement with Mylan in relation to Genentech’s patents for HERCEPTIN (trastuzumab), in which Mylan agreed to withdraw two IPR challenges. The post Genentech BPCIA Trastuzumab Case Against Tanvez Dismissed After Settlement appeared first on Big Molecule Watch.

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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.

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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.

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Intepat

MAY 4, 2023

Competition law (hereinafter used interchangeably with antitrust law) and Intellectual Property Rights (IPR) have been regarded as two ends of the spectrum in an economy. Interface of Competition Law and Patents Patent law particularly bears more relevance to antitrust jurisprudence. The Supreme Court in Eldred v.

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SpicyIP

MAY 17, 2023

The consistent issues that the US cites for placing India in the Special 301 Report are inter alia, India’s provisions on revocation of patents, oppositions, lack against the presumption of validity, lack of data exclusivity provisions and Section 3(d). India and the US have been at loggerheads over patent issues until recently.

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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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IP.com

JANUARY 15, 2024

Over the years, Apple has been subject to numerous patent infringement cases and in recent years Apple has been leveraging its status as a goliath in the high-tech industry. Unfortunately, this includes Apple using other’s intellectual property. But why continue this patent infringement gamble?

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LexBlog IP

JULY 21, 2021

That question is “how have various countries’ intellectual property laws addressed efforts to copyright, trademark, or patent holy names, sacred words, or outputs of creation?” So a lot is implied in, or possible from, the title ( as is often my intent on this blog ). ” (at page 9 and 13). 75, 79 (2020).

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The IPKat

JANUARY 19, 2023

Marcel Pemsel discussed in his post the challenging question linked to trade mark scope of protection and to the influence of the reputation assigned to Puma and to Rolex, considering, respectively, the decision of the General Court and the judgment issued by the German Patent Court. Slogan automatically protected as a trade mark?

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IPilogue

AUGUST 24, 2022

NPEs are a special type of entity that specifically purchases patents or patent rights but does not commodify the patent. The second kind, private parties, often use the patents they acquire for profit through damage or settlement awards, or royalties and licensing rights. So why are they still allowed to operate?

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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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LexBlog IP

NOVEMBER 30, 2021

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements. The saga began with Qualcomm accusing Apple of infringing several patents in district court. patents 7,844,037 and 8,683,362.

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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.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. PDF copy available.

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IP Watchdog

APRIL 28, 2022

With an average 33 Patent Trial and Appeal Board (PTAB) filings (one post grant review, the rest inter partes reviews[IPRs]), a relatively high number (89) of district court terminations (including some high-profile settlements), and a somewhat low number (63) of suits this week, we are rolling into May.

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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.

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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).

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TorrentFreak

MAY 31, 2022

As detailed in our previous reporting , Voltage Holdings is a member of FACT Administration LLP , a UK corporate structure behind the latest settlement scheme. This claim would be brought in a specialist civil court called the Intellectual Property Enterprise court, where liability is determined on the balance of probabilities.

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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.

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The IP Law Blog

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? The party must identify the third-party funder and whether the third-party funder has the right to approve litigation or settlement decisions. The issue arose as a result of two standing orders issued by Judge Connolly.

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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.

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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.

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43(B)log

DECEMBER 16, 2022

The court of appeals remanded on whether State Farm had any duty to indemnify AIM for a settlement paid to resolve the underlying lawsuit. It alleged federal trademark infringement, false description, false advertising, and dilution and related state claims, including breach of an earlier settlement.

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The IPKat

MARCH 4, 2023

Patents Rose discussed the problem of plausibility in relation to the fact that the Enlarged Board of Appeal referenced the standard test for sufficiency in EPO inventive step analysis. Trademarks Anna Maria reported on the conference that took place on the 7th February on the topic of Intellectual Property & Sustainability.

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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.

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The IPKat

DECEMBER 29, 2021

The European Commission’s Directorate-General for Taxation and Customs Union ( DG TAXUD ) and the European Union Intellectual Property Office ( EUIPO ) recently released the first joint annual report on EU enforcement of intellectual property rights: results at the EU border and in the EU internal market 2020.

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