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Covenant to not sue “at any time” terminated with the license agreement

Patently-O

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.”

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Book Review: A Practitioner’s Guide to European Patent Law (with a discount code)

The IPKat

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.

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Patent Law at the Supreme Court February 2022

Patently-O

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. The settlement also included a license to thousands of Qualcomm patents. The invention in Yu was a multi-lens camera deemed abstract by the Federal Circuit. 2022)(forthcoming).

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When Is Trade Secret Protection the Right Choice?

The IP Law Blog

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.” then it is no longer a trade secret.

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Obviousness Test for Design Patents Unchanged

The IP Law Blog

Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). To be patentable, however, both designs and functional inventions must satisfy two requirements. The patent covered a design for a vehicle front fender. Telflex, Inc.,

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The Battle Over the COVID-19 Vaccine Continues

The IP Law Blog

I recently wrote about the patent infringement lawsuit filed by Moderna against Pfizer/BioNTech over the COVID-19 vaccine. In its complaint filed in federal district court in Boston last August, Moderna alleged that Pfizer/BioNTech infringed three of Moderna’s patents in developing the Pfizer/BioNTech COVID-19 vaccine.

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Book Review: Mechanisms to Enable Follow-On Innovation

The IPKat

Its focus is on how open approaches to innovation may overcome market failures in situations where patent protection blocks subsequent improvements of an existing invention (also called “follow-on innovation”). This, in turn, brings on such market failures as excessive royalties or unjustified refusal to license a patent.