LexBlog IP

FEBRUARY 28, 2024

United States , [1] the Federal Circuit rejected a strict temporal limitation on when the Government’s license rights in patents stemming from federally funded research is triggered under the Bayh-Dole Act. The funding agency obtains a license to “subject inventions,” which is defined as “any invention.

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JD Supra Law

JANUARY 10, 2022

The US Court of Appeals for the Federal Circuit recently reversed an appeal of a decision granting summary judgment that an invention was reduced to practice during the term of a cooperative research and development agreement thereby granting the government a license to use the invention. By: Morgan Lewis

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IP Watchdog

JANUARY 11, 2022

Patent licensing and technology transfer is a cornerstone of modern economies, where the efficiencies of collaboration and division of labor do not require firms to be vertically integrated. The Wright brothers did not build commercial aviation, and yet commercial aviation was born thanks to the Wright brothers’ invention.

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TorrentFreak

MAY 13, 2022

Sony, Universal, and Warner, for example, aren’t releasing new movies or music but existing contracts are being honored, meaning that older content is still licensed and legally available. Russia’s ‘Special Licensing Operation’ The Kremlin’s solution to the country’s content crisis is already underway.

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Intepat

JANUARY 24, 2024

Licensing is a legal tool that permits the utilization or reuse of already protected intellectual property. This raises discussions on various factors influencing the decision of licensors and licensees regarding the licensing process. Considerations for sub-licensing, including any specific limitations or financial terms.

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SpicyIP

NOVEMBER 8, 2023

Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. Section 3(p): An invention which in effect, is traditional knowledge or which is an aggregation or duplication of known properties of traditionally known component or components.

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LexBlog IP

MAY 9, 2023

But filing too quickly—or in the wrong country—may cause the eventual patent to be invalid for failure to obtain a foreign filing license. What is a Foreign Filing License? A foreign filing license is a communication from the U.S. What if You File an Application Without a Foreign Filing License? § 181.

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LexBlog IP

NOVEMBER 30, 2023

For a patentee filing for patent protection regarding an invention made in the United States, a license is required before filing any application for a patent in a foreign country. Failure to get a foreign filing license can lead to invalidation of subsequently granted patents (35 U.S.C. §186). . § See , Genes Indus.

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LexBlog IP

MARCH 13, 2023

Combining Multiple Inventions in an Single Patent Application @media screen and (max-width: 1023px) {.thegem-vc-text.thegem-custom-640f87a71087f6782{display: However, is combining multiple related inventions into a single patent application worth the cost savings? thegem-vc-text.thegem-custom-640f87a71087f6782{display: block!important;}}@media

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Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. Zebra Techs. 2022-2207 (Fed. ” IT sued Zebra for infringement in the W.D.Tex.,

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Patently-O

FEBRUARY 29, 2024

provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” MasterCard Intl.

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SpicyIP

JULY 13, 2022

The Kerala High Court vide Order dated 14 June 2022 directed the Department for Promotion of Industry and Internal Trade (DPIIT) to consider the representation for issue of compulsory license for the drug Ribociclib. Secondly , what is a compulsory license? Background. The writ petitioner is a breast cancer patient. 58,140/- per month.

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Canadian Intellectual Property Blog

MARCH 2, 2021

For larger companies, budget is also a concern, but often it is also the time required of inventors to adequately document an invention disclosure and to work with a patent professional. It may allow you to gain access to a competitor’s patents by licensing your patents to them in return. So, what happens if you decide not to patent?

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SpicyIP

DECEMBER 26, 2023

In a judgement passed on May 15, the Delhi High Court despite noting the lack of clarity on the concepts of “technical effect” and “contribution” in the context of the patentability of Computer Related Inventions, declared that the subject invention had technical effects.

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SpicyIP

OCTOBER 31, 2023

Image from here Recently, the Print reported that Novartis and Eli Lilly have voiced their opposition to the idea of compulsory licensing (“ CL ”) for breast cancer medications, Ribociclib and Abemaciclib. It also says that no licenses were given out. The patented invention is not available at a reasonably affordable price.

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IP Tech Blog

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents. underlining added).

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SpicyIP

APRIL 30, 2024

Discussing the Delhi High Court’s Microsoft Technology Licensing v. By Kevin Preji On 28th Feb, 2024, the Delhi High Court in Microsoft Technology Licensing LLC vs Assistant Controller of Patents and Designs in allowing an appeal, clarified the role of the ‘person skilled in the art’ (‘PSITA’) in determining non-obviousness.

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LexBlog IP

NOVEMBER 2, 2023

But a patentee filing for patent protection regarding an invention made in the United States needs to take caution. Getting a patent in one country does not automatically grant protection in other countries. As a result, a patentee must file for several patents in each country in which he or she wants protection. Read more

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IP Law 360

AUGUST 1, 2023

President Joe Biden has signed an executive order committing his administration to spending federal money on "new technologies and products" that are "manufactured in the United States whenever feasible" — and the drug lobby says they're happy it won't do anything to expand domestic manufacturing requirements to "non-exclusive licenses."

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IP Watchdog

MAY 15, 2023

For more than 40 years, they’ve been resisting the Bayh-Dole Act’s mandate cutting Washington out of micro-managing the commercialization of federally funded inventions. As a result, few inventions were ever developed. As a result, few inventions were ever developed.

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TorrentFreak

FEBRUARY 22, 2024

If ever there were a theory of fair use invented for litigation, this is it,” they write. . “Fair use cannot be perverted into forfeiting a sound recording’s protection under copyright law just because the recording is copied, distributed, and performed in something other than its cleanest sound.

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SpicyIP

SEPTEMBER 29, 2021

Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Compulsory Licensing: Chinks in the Armor. The TRIPS Agreement has incorporated certain fail-safes in the form of Compulsory Licenses for when patents are seen to be acting contrary to public need. The invention not being reasonably affordable.

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LexBlog IP

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

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LexBlog IP

SEPTEMBER 27, 2022

Although in theory the ruling should provide more clarity on the increasingly important question of the patentability of computer-implemented inventions ( CIIs ), the opposing views taken by the two camps of justices may instead create an environment for greater disputation. ’ [16] Is the claimed invention a manner of manufacture? .’

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IAM Magazine

SEPTEMBER 28, 2022

With the effects of the America Invents Act and Supreme Court eligibility decisions biting, the survey finds that deal values are down overall - with NPEs seeing among the sharpest falls

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IP Watchdog

JANUARY 24, 2024

203 that would compel patent owners holding rights to federally-funded inventions to license those rights to “responsible applicants.” Department of Commerce released a draft framework of factors that federal agencies should consider for the exercise of authority codified at 35 U.S.C. §

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JD Supra Law

FEBRUARY 19, 2024

Universities often out-license patents protecting inventions created using federal funding to private companies including many startups. universities and academic institutions rely heavily on federal grants to fund their research and generate innovations in life sciences. By: Goodwin

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IP Law 360

SEPTEMBER 29, 2022

The Federal Circuit's top judge penned a precedential ruling on Wednesday that found a California federal judge was wrong to rule that a software patent covering a type of peer-to-peer network flunked the Supreme Court's Alice test.

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Intellectual Property Law Blog

NOVEMBER 1, 2023

Unfortunately, the EO does not provide answers to these questions. However, it does recognize that IP issues exist and mandates actions by various agencies to address these issues.

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Intepat

MAY 24, 2023

The value of a business is now closely tied to its IP assets, which can be licensed, transferred, or used as capital in a joint venture. In a licensing agreement, the licensor grants the licensee the right to use their intellectual property in a specified manner, while also retaining a stake in it.

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JD Supra Law

FEBRUARY 14, 2024

government with a nonexclusive license to practice inventions that were paid for with federal funding. The Bayh-Dole Act specifically applies to inventions “conceived or first actually reduced to practice in the performance of. which provides the U.S. By: Schwabe, Williamson & Wyatt PC

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LexBlog IP

JULY 22, 2021

The new Article 70- bis , compulsory licensing in the event of a national health emergency , shall read as follows: If a national health emergency is declared compulsory licenses may be granted in order to overcome proven difficulties in supplying essential medicines or medical devices and in compliance with international and European obligations.

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Intellectual Property Law Blog

JANUARY 22, 2024

Prior to trial, Intel sought to amend its answer to assert a licensing defense. Intel was covered under Finjan’s license with VSLI because both Intel and Finjan were under the control of Fortress Investment Group LLC. Whether the district court abused its discretion by denying Intel’s late-addition of a licensing defense?

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Patently-O

AUGUST 17, 2023

The court has repeatedly held that such a reference is only anticipatory if a person of skill would have immediately envisaged the invention now being claimed. The second issue of importance is as another data point in the forest-trees anticipation analysis in situations where the prior art discloses thousands of potential embodiments.

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JD Supra Law

JANUARY 5, 2024

Under certain circumstances, federal agencies have statutory authority to force inventors of patented technology developed with federal funding to grant licenses allowing others to practice the invention. This authority is known as “march-in.”

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IP Watchdog

APRIL 17, 2023

Just when you think you have enough things to worry about, you stumble upon one more. In its wisdom, Congress enacted a “Medicare Drug Price Negotiation Plan” as part of the Inflation Reduction Act. The program kicks in by imposing “maximum fair prices” for drugs as determined by the Centers for Medicare & Medicaid Services (CMS).

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IAM Magazine

DECEMBER 6, 2022

With the addition of the 'missing Lego block', the open source licensing group has nearly all service providers on board

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