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.

Patent Infringement 246

Patent Infringement Patent Government Licensing 246

JD Supra Law

DECEMBER 19, 2023

Judgment Gist - Three types of the allegedly infringing product CSM-9820-00/01/02 and the allegedly infringing product CSM-9820A fully encompass all of the technical features of claims 1, 2, 4, and 6 of the subject patent, and thus fall in the scope of protection of claims 1, 2, 4, and 6 of the subject patent.

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Patent Infringement Invention Patent 68

SpicyIP

JANUARY 20, 2023

BioNTech/Pfizer’s response is below: This article was originally published on Bill of Health , the blog of Petrie-Flom Center at Harvard Law School. COVID-19 Vaccine Patent Infringement? In their initial August 2022 complaint , Moderna alleged that three of its mRNA patents were infringed by Pfizer/BioNTech.

Patent Infringement 119

Patent Infringement Patent Patent Application Intellectual Property 119

Intellectual Property Law Blog

DECEMBER 21, 2023

Drug companies who may be at risk of having their patents seized should be aware that they have the right to sue the government for patent infringement in such an event. 1498, the government has the right to “take” privately held patents. the current, established royalty rates under the patent at issue; 2.

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Government Patent Invention Patent Infringement 290

Patently-O

JANUARY 3, 2024

by Dennis Crouch The following is my patent law exam from this past semester. You can think of this as following Hook’s law up to the point of maximum elongation; at that point it effectively becomes an un-stretchable rope. Lisa did not otherwise significantly contribute to the conception of the invention.

Patent Law 77

Patent Law Law Patent Patent Application 77

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? Patentee not the patent! Patentee not the patent! Bayer had sued Villa Crop for patent infringement. the Court of the Commissioner of Patents).

Intellectual Property 52

Intellectual Property Patent Infringement Law Patent 52

Patently-O

FEBRUARY 19, 2023

ordered the patentee to (1) stop publicly stating that HBL copied the invention and (2) stop telling HBL customers that they could also be liable for infringement. The district court quickly issued a TRO followed-up with a preliminary injunction against the patentee. Judge Buescher (D.Neb.)

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Patent Infringement Cease and Desist Patent Invention 121

Patently-O

NOVEMBER 3, 2021

Ebrahim is visiting at Iowa Law this semester, where he’s teaching Cybercrime & Security and Entrepreneurship Law & Ethics. His research interests are broad, and he recently completed a comparative work examining patents in Islamic law. patent law. Professor Tabrez Y.

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Law Patent Intellectual Property Patent Infringement 106

IIPRD

JANUARY 23, 2023

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. Amazon often face patent violations with its increasing customer base and involvement of third-party seller. Patent infringement can occur in both of these roles.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

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.

Patent Infringement 52

Patent Infringement Patent Intellectual Property Invention 52

JD Supra Law

AUGUST 27, 2021

An inventor develops an invention, files a patent application and assigns the application for value to the company they founded. Later, the inventor founds another company and develops an improved version of their original invention. In response, the inventor argues that the patent for the original invention is invalid.

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Inventor Invention Patent Application Patent Infringement 55

IIPRD

MARCH 4, 2024

For setting up the business or for creating something like some inventions it takes a lot of efforts and research to create something new. So, to protect that creativity, inventions, and an idea it is required to protect Intellectual Property. Components of Intellectual Property Rights and Case Laws.

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Intellectual Property Invention Trademark Copying 98

JD Supra Law

OCTOBER 24, 2022

The Federal Circuit has reversed a New York court’s grant of a motion by Google to dismiss a patent infringement case against the company. The court found that the plaintiff had plausibly alleged an inventive concept in its patent claims for methods to record a person’s physical activity. By: AEON Law

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Invention Patent Patent Infringement Law 40

SpicyIP

MARCH 11, 2024

Singh’s book on Patent Law is finally out. Also present were foreign dignitaries, including Annabelle Bennett (Former Judge of the Federal Court of Australia, Sydney), Colin Birss (Lord Justice, Court of Appeal, England and Wales), and Klaus Grabinski (President of the Unified Patent Court (EU), Luxembourg).

Patent Law 59

Patent Law Law Patent Intellectual Property 59

SpicyIP

MARCH 7, 2024

This high-profile case revolves around allegations of patent infringement concerning two patents (“Suit Patents”), both relating to ‘Pertuzumab,’ a monoclonal antibody (Mab) biologic used in inhibiting tumor growth. For example in Australian law, Rule 23.15

Patent Infringement 59

Patent Infringement Litigation IP Intellectual Property 59

Garrigues Blog

JANUARY 12, 2022

The owner of a patent cannot enforce their rights against those who used the invention covered by the patent or made serious preparations for such use before the priority date. In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

LexBlog IP

FEBRUARY 14, 2023

The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases. The majority of the court also confirmed that the calculation properly included profits gained after the patent expired, known as springboard profits.

Patent Infringement 52

Patent Infringement Patent Invention Marketing 52

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. The paper may be found here and covers various best practices for protecting Artificial Intelligence (AI) inventions. Prosecution of AI inventions.

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Invention Inventor Intellectual Property Patent Infringement 52

The IP Law Blog

JULY 15, 2021

For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” The Supreme Court further recognized that “laws of nature, natural phenomena, and abstract ideas” are not patent-eligible subject matter under 35 U.S.C.

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Law Patent Invention Intellectual Property 109

Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund, No.

Patent Law 74

Patent Law Law Patent Art 74

SpicyIP

OCTOBER 30, 2023

Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. While this seems to have happened in trademark law disputes (eg: Starbucks Corporation vs Teaquila A Fashion Cafe & Anr ), this seems to be one of the rare (maybe our readers know other examples?)

Patent Infringement 59

Patent Infringement Patent Art Invention 59

Patently-O

SEPTEMBER 13, 2022

The Supreme Court’s 2021 decision retained assignor estoppel as a cognizable patent law doctrine that can bar a former patent owner from later challenging the patent’s validity. ” The patent document is clearly directed toward the permeable portion as a key aspect of the invention.

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Invention Inventor Patent Application Patent 61

Patently-O

SEPTEMBER 15, 2021

Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. . The views expressed above are solely the author’s and do not represent the views of any organization with which Ms.

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Invention Intellectual Property Inventor Intellectual Property Law 131

Patently-O

SEPTEMBER 2, 2022

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. Gear patent and Accused infringer below). by Dennis Crouch. 3d 665 (Fed.

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Design Patent Art Designs Design 81

JD Supra Law

JULY 10, 2023

As reported in the previous Japan IP Watch (June 2023), a high-profile lawsuit involving a network-related invention was decided by the IP High Court. By: Kilpatrick Townsend & Stockton LLP

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Reporting Patent Infringement IP Invention 52

JD Supra Law

JULY 5, 2023

As reported in the previous Japan IP Watch (June 2023), a high-profile lawsuit involving a network-related invention was decided by the IP High Court. By: Kilpatrick Townsend & Stockton LLP

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Reporting Patent Infringement IP Invention 52

Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. He would also understand the profitability and commercial viability of his invention.

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Marketing Marketing Inventor Invention 119

IP Tech Blog

FEBRUARY 15, 2023

District Court for the Western District of Texas to vacate its order denying transfer of patent infringement claims to the Northern District of California. The case actually had a “particularized connection with Northern California” given that the technology was invented there and Google’s patents were prosecuted from that forum.

Patent Infringement 57

Patent Infringement Patent Litigation Government 57

Patently-O

FEBRUARY 12, 2024

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Before law school, he was a greenskeeper at a local golf course. Guest Post by Jordan Duenckel. He has an extensive background in chemistry and food science. Facially, it seems the clubs look similar and may contain similar elements.

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False Advertising Invention Advertising Advertising 102

LexBlog IP

APRIL 5, 2023

Navigating Korean Patent Law Changes: Accelerated Examination, PTEs, and Court Decisions @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-642e0f5b9c76d4054{display: Maximizing Patent Term Extension(PTEs) Korea’s patent term extension (PTE) is flexible in enabling the potential for multiple extensions.

Patent Law 52

Patent Law Law Intellectual Property Patent 52

The IPKat

SEPTEMBER 23, 2022

MYLAN BV and SANDOZ BV One of the first patent cases decided in 2021 was an SPC case between MSD and Apotex, where the Brussels Enterprise Court had to decide whether an SPC could be granted for the combination of ezetimibe and simvastatin, even if a previous SPC had already been granted for ezetimibe alone based on the same patent.

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Litigation Law Patent Invention 82

The IPKat

JANUARY 24, 2023

This Kat is delighted to review “ A Practitioner’s Guide to European Patent Law: For National Practice and the Unified Patent Court ” (Hart Publishing, 2022, 664 pp.). The book consists of seventeen chapters, mainly on substantive law, but it also addresses certain procedural matters and questions of international private law.

Patent Law 86

Patent Law Law Patent Editing 86

The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” Again, it depends. Under 35 U.S.C. §

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Confidentiality Invention Business Artistic Work 113

Patently-O

FEBRUARY 24, 2022

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. and (2) Is eligibility a pure questions of law (based upon the claims); or does it also involve a “question of fact for the jury based upon the state of the art at the time of the patent?”

Patent Law 95

Patent Law Law Patent Litigation 95

Patently-O

DECEMBER 22, 2022

Although somewhat slow thus far, there is some potential that 2023 will turn out to be a major year for Supreme Court patent law jurisprudence. to cumulatively identify and make all or nearly all embodiments of the invention without substantial “ ‘time and effort,’ ”. Vidal (patentability of AI-created inventions).

Patent Law 59

Patent Law Law Patent Invention 59

Intellectual Property Law Blog

DECEMBER 15, 2023

The Federal Circuit vacated and remanded two Patent Trial and Appeal Board (“PTAB”) decisions because the PTAB erred in its obviousness analysis and found that Axonics failed to show a motivation to combine as to Medtronic’s ‘314 and ‘756 patents. Background Medtronic sued Axonics for patent infringement. Patent Nos.

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Art Invention Patent Infringement Patent 147

IP Watchdog

NOVEMBER 2, 2022

Eagle Forum Education and Legal Defense Fund and the Fair Inventing Fund filed briefs in support of the jump rope company while DivX filed in support of neither party.

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Inventor Invention Patent Infringement Patent Law 69