LexBlog IP

JANUARY 8, 2024

On January 5, 2024, in litigation between REGENXBIO and Sarepta Therapeutics, Judge Richard Andrews of the U.S. 10,526,617 (the ’617 Patent; licensed to REGENXBIO) is invalid as being directed to ineligible subject matter. Sarepta Litigation appeared first on Big Molecule Watch. Stay tuned.

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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

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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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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The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

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IPilogue

MAY 31, 2022

Healthy patent systems can sometimes be described as a way to incentivize creative inventions, encourage building on existing ideas, and avoid frivolous litigation. Google also helped discover the License on Transfer Network. Resources spent on wasteful litigation is better used in research and development for new products.

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The IPKat

JUNE 21, 2022

In Chapter 4, Beatriz Conde Gallego debates whether owners of standard-essential patents (SEPs) must grant licences in “license to all” or “access to all” approaches. Chapter 6, authored by Ryan Abbott, ponders whether current patentability criteria may fit AI-generated inventions.

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SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

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Kashishipr

DECEMBER 28, 2021

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

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Patently-O

MARCH 31, 2024

Role of Jury Instructions and Objective Indicia In American civil litigation, jury instructions are the set of legal rules and guidelines provided to the jury by the trial judge before the jury begins deliberations. Was there long felt need for a solution to the problem facing the inventors, which was satisfied by the claimed invention?

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IP Close Up

JANUARY 11, 2022

In the decade since the adoption of the America Invents Act (AIA) patent licensing has become more arduous for many technology companies and independent inventors. Continue reading.

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IPilogue

FEBRUARY 7, 2023

A patent protects your intangible property from others’ use, but what happens when patent protection operates in a way that ensures no other innovators can build upon a patented invention? Novartis is allegedly protecting its dermatology drug by using one patent to launch litigation proceedings against possible competitors in the market.

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LexBlog IP

JULY 31, 2023

Impact on Patent Litigation and Licensing : Yuri predicts that AI could reduce the number of contested patents and therefore the amount of litigation. This could lead to more companies licensing each other’s IP rather than litigating, which could benefit small businesses with IP.

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LexBlog IP

MAY 19, 2023

Clarifying Copyright Fair Use in Commercialized and Licensed Visual Arts: Insights from Warhol v. Goldsmith by Jaime Chandra Clarifying Fair Use in Commercialized & Licensed Visual Arts: Insights from the Warhol v. We’re talking about Andy Warhol Foundation for Visual Arts, Inc. Let’s dive in!

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The IP Law Blog

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 30, 2021

This post summarizes some of the significant developments related to patent litigation in federal district courts of Texas for the month of October 2021. The Restoring the America Invents Act. On September 29, 2021, Senators Patrick Leahy (D) and John Cornyn (R) introduced the Restoring the America Invents Act (RAIA).

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JD Supra Law

MARCH 23, 2022

Ex parte reexaminations have re-emerged as an increasingly important component of patent litigation and licensing negotiations.

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The IPKat

JANUARY 24, 2023

non-infringement or that a patent is standard essential), and on FRAND (fair, reasonable and non-discriminatory) licensing. Additionally, in chapters 16 to 17, the book considers several salient procedural issues: collecting evidence and cross-border litigation in Europe. the comparable license method and the top-down approach).

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SpicyIP

AUGUST 19, 2023

This becomes evident from the following amendments: Patents: Reduced penalty for failure to file or refusal to file Form 27 (working requirements) : As per Section 84(c), patents need to be ‘worked’ in India failing which competitors can obtain compulsory licenses to make and sell the patented invention.

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Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Intellectual Property Rights (IPRs) refer to the legal rights granted to individuals or businesses for their creations or inventions. There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period.

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Patently-O

JANUARY 28, 2024

That the invention was an important real-world manufacturing innovation was, as a factual matter, thoroughly established. There was successful litigation and licensing. If so, then at step two the court searches for an “inventive concept” beyond the ineligible concept. There was copying by competitors.

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The IP Law Blog

MARCH 16, 2023

Pfizer/BioNTech claims that Moderna did not give credit to scientists at Pfizer/BioNTech and NIH who developed the underlying technology and that Pfizer/BioNTech had invented and patented aspects of the technology that Moderna used before it had obtained its patents. Pfizer/BioNTech, of course, declined to take a license.

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

These rights safeguard intangible assets resulting from human creativity and innovation, allowing creators to have control and benefit from their inventions or creations. Revenue Generation: Through partnerships or licensing agreements, IPR enables startups to monetize from their innovations.

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SpicyIP

JANUARY 1, 2024

Other Posts Microsoft Technology Licensing LLC V. Controller of Patents declared that the subject invention had technical effects. The defendant asserted that his use is protected under Section 33, arguing that since the plaintiff is not a copyright society, it cannot insist the defendant take a license.

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IPilogue

APRIL 22, 2022

The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention. The doctrine of specific exclusion states that a product cannot be deemed equivalent to a patented invention if it is literally the opposite of the patented invention. Concluding Remarks.

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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 subject matter of the patented invention must be new at the time of filing a patent application.

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The IPKat

DECEMBER 7, 2021

The worst of these patent trolls pick up low-quality patents and take advantage of asymmetries in the economics of litigation to make quick cash. For example, the 2011 America Invents Act created faster, cheaper ways to show that a low-quality patent was invalid and empowered the PTO to implement new safeguards to improve patent quality.

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Patently-O

OCTOBER 5, 2021

Like the dissenting judge on the panel, several of the opinions denying rehearing en banc faulted the panel majority for establishing a new “nothing more” test—if the claimed invention “clearly invokes a natural law, and nothing more, to accomplish a desired result”—for patent ineligibility. patent enforcement and litigation; c.

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The IPKat

AUGUST 27, 2023

As the summer winds down, we invite you to go through some IP news and events to get your schedule full and exciting for the autumn! The programme divided into two days will cover: authors’ intellectual property rights, trade marks, patents and internet domains.

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Intellectual Property Law Blog

APRIL 5, 2021

For instance, members of a patent pool may agree to pool and license their patent rights to a third party in exchange for fees or royalties. In another scenario, members of a patent pool may agree to pool and cross-license their patent rights to one another. License on Transfer (LOT) Network.

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The IPKat

OCTOBER 7, 2021

Merpel wonders where we are headed on the FRAND licensing level debate, and who is in the driver's seat? SEP Litigation Demonstrates Licensing Component Suppliers Would Increase Efficiency Some SEP owners have argued against licensing component suppliers under the pretext that it is more efficient to license end users.

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The IPKat

MARCH 21, 2024

The UPC CoA interpreted the claims of the patent more broadly than the Local Division and found the patent likely to be invalid for lack of inventive step. The Munich Local Division was satisfied that the patent was novel, sufficiently disclosed and inventive. The UPC CoA also ordered 10x Genomics to pay €7 million of costs.

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Intepat

MAY 18, 2023

These standards are established due to the level of effectiveness that the invention might have achieved. Therefore, the need to obtain information as well as the license to use such technology is innately high, and this is where the concept of FRAND licensing comes in.

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LexBlog IP

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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Patently-O

DECEMBER 2, 2021

Although Arbutus has apparently not threatened Moderna with an infringement action, it has apparently requested a broader license agreement and refused to issue a covenant-not-to-sue. Moderna challenged the patents via IPR in 2018 and 2019 so that it could use the inventions without royalty payments or other reporting.

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43(B)log

FEBRUARY 2, 2024

We’ve funneled IP protection for AI generated inventions/information to trade secrecy w/o patent or copyright for human authors/inventors. Instead, proposes trust but verify: register to certify compliance with regulations, including limited government inspection, similar to source code review in litigation.

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LexBlog IP

JUNE 29, 2023

REGENXBIO has exclusive license rights to vectors invented at [the] University [of Pennsylvania], known as NAV® Vectors, composed of ‘capsid proteins’ that package the transgene used to treat genetic defects or supply therapeutic factors such as antibodies to treat other serious conditions.

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