The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). In April 2021, Jin sued Baijia store for patent infringement. Shelly: 'Oops!…You

Settlement 70

Settlement Patent Infringement Patent Intellectual Property 70

Patently-O

FEBRUARY 24, 2022

The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,

Patent Law 95

Patent Law Law Patent Litigation 95

SpicyIP

AUGUST 1, 2021

In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? The recommendations on making procedural norms of patent filing less stringent are noteworthy.

Reporting 136

Reporting Patent Law Patent Application Patent 136

IP Law 360

SEPTEMBER 7, 2022

Supreme Court that an appeals court's revival of a Delaware federal jury's $235 million award for GlaxoSmithKline in its patent infringement suit against the Israeli drugmaker "erodes foundational principles of patent law." Teva Pharmaceuticals is warning the U.S.

Patent Law 40

Patent Law Law Patent Patent Infringement 40

SpicyIP

OCTOBER 30, 2023

Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. Background The dispute started off as a heated battle between the parties over the plaintiff’s ‘Liquid Heating Vessels’ patent, which the plaintiff claimed was used by the defendant in its electric kettles.

Patent Infringement 59

Patent Infringement Patent Art Invention 59

The IP Law Blog

OCTOBER 21, 2021

Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than that for enhancing damages, a finding of willful infringement does not guarantee an award of enhanced damages.

Patent Infringement 96

Patent Infringement Patent Litigation Business 96

The IP Law Blog

DECEMBER 8, 2023

Million in damages for infringing one of its wireless technology patents. Netflix has been ordered to pay GoTV Streaming $2.5 Scott Hervey and Eric Caligiuri discuss this update on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Patent Infringement 62

Patent Infringement Patent Technology Patent Law 62

IPilogue

NOVEMBER 1, 2022

A mounting concern, however, was that the ability for anyone to download a physical 3D object may pose problems for IP rights. While the pandemic made it unattractive for patent holders to enforce their rights , it was important to consider possible avenues to ensure that IP does not hinder emergency response. Ballardini et al.

IP 120

IP Intellectual Property Licensing Journalism 120

The IPKat

SEPTEMBER 14, 2022

The book's cover wonderfully matches the colours of the Villa Salviati gardens This is a book review of IP Accidents: Negligence Liability in Intellectual Property , by Patrick Goold , City Law School, University of London. IP Accidents offers another creative inquiry that goes to the heart of IP. What should be done?

IP 91

IP Intellectual Property Patent Law Technology 91

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. All of us at the Garrigues IP Blog would like to wish you a very happy new year. We hope that these last two years serve as a springboard for 2022.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

The IPKat

JANUARY 2, 2022

We say goodbye to 2021 with the most interesting posts and articles from the surrounding IP blogs of the past week! Another part of the round-up analyses EU copyright policy and mentions publications, meetings, resolutions, policy reports, statements and agreements of EU bodies and agencies and national IP offices.

Blogging 126

Blogging IP Non-Fungible Tokens Cease and Desist 126

IP Watchdog

SEPTEMBER 6, 2021

case number 19-40643: are patent laws regarding what constitutes a reasonable royalty applicable to questions of compliance with FRAND-related contractual obligations? Pursuant to appeal of that decision, however, the United States Court of Appeals for the Fifth Circuit has now addressed the photonegative question in HTC Corp.

Contracts 119

Contracts Law Patent Licensing 119

LexBlog IP

FEBRUARY 27, 2023

The District of Delaware is renowned as a patent litigation hot spot, but the district sees its fair share of other IP litigation. Future litigants in the District of Delaware should be aware of potential arguments relating to non-infringing alternatives as they potentially relate to both patent and copyright damages.

Litigation 52

Litigation IP Patent Copyright 52

SpicyIP

MARCH 21, 2024

In light of the recent Patent (Amendment) Rules, 2024, we are pleased to bring this post by Prashant Reddy T., Image from here A ‘Captured’ Patent Office? Two of the provisions slated to be amended have a direct impact on the quality of patents granted by the Patent Office. Prashant Reddy T.

Patent 52

Patent Patent Application Government Reporting 52

Patently-O

DECEMBER 31, 2021

Recent Headlines in the IP World: Blake Brittain: Court Says Intel Can Contest Parts of Qualcomm Mobile Patents (Source: Reuters). Over Alleged LED, Mini LED Patent Infringement (Source: Apple Insider). Blake Brittain: What to Watch for in Patent Law in 2022 (Source: Reuters). International IP Law Group.

Journalism 48

Journalism Patent Invention Patent Infringement 48

Patently-O

JULY 5, 2021

Recent Headlines in the IP World: John Power: Government of Canada Announces New Independent Regulator for Patent and Trademark Agents (Source: CISION). Mikey Campbell: Apple Seeks to Halt Latest VoIP-Pal Patent Infringement Litigation (Source: Apple Insider). Contreras: Shepardizing Patents (Source: SSRN).

Patent 57

Patent Journalism Patent Infringement Branding 57

The IP Law Blog

APRIL 27, 2023

An inter partes review (IPR) is a procedure in the Patent Trial and Appeal Board (PTAB) whereby a U.S. patent can be challenged in the Patent and Trademark Office (PTO). Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation.

Patent 98

Patent Litigation Patent Infringement Invention 98

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. Patent laws acknowledge that patents play a crucial role in facilitating the exchange of goods and services.

Patent 52

Patent Licensing Intellectual Property Technology 52

The IP Law Blog

OCTOBER 7, 2021

There are many requirements for obtaining a patent. 112(a), the patent must describe the invention in writing. If the written description requirement is not met, the patent won’t be granted. If the patent has already been issued, it can be invalidated for failure to satisfy the written description requirement.

Patent 98

Patent Invention Patent Infringement Inventor 98

The IP Law Blog

MARCH 9, 2023

Kronstadt), the Court granted the Defendant’s motion to dismiss Plaintiff’s indirect patent infringement claims for failure to sufficiently allege Defendant “made” the accused product. Omnivision Technologies, Inc. , 8-22-cv-01979 (CDCA Mar. 1, 2023)( John A.

Designs 98

Designs Design Patent Patent Infringement 98

The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services.

Confidentiality 113

Confidentiality Invention Business Artistic Work 113

IP Watchdog

NOVEMBER 2, 2022

Court of Appeals for the Federal Circuit (CAFC) decision upholding a Patent Trial and Appeal Board (PTAB) finding of unpatentability. Three amici filed briefs last week in Jump Rope System’s petition asking the U.S. Supreme Court to review a U.S.

Inventor 69

Inventor Invention Patent Infringement Patent Law 69

The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

Design Patent 98

Design Patent Designs Design Patent 98

Patent Trademark Blog

JUNE 15, 2023

Do patents matter? Some say patents are worthless. Others say patents matter. If patents were truly worthless, I would not have a job so my opinion is not unbiased. Let’s explore the reasonings behind these opposing arguments on whether a patent is worth the money. Thinking of filing a patent?

Design Patent 52

Design Patent Patent Patent Application Designs 52

LexBlog IP

NOVEMBER 15, 2022

patent number(s) will very likely result in a complete loss of the ability to recover infringement damages that occurred prior to the delivery of a specific allegation of infringement to an accused infringer. Design Patent No. 13, 2015, which was the design patent asserted in the matter noted above.

Cease and Desist 52

Cease and Desist Design Patent Patent Designs 52

The IP Law Blog

NOVEMBER 17, 2022

In patent infringement cases, venue is proper under 28 U.S.C § 1406(a) where either (1) the company accused of infringement is incorporated or (2) where the company has committed acts of infringement and has a “regular and established place of business.” may have reopened that question. may have reopened that question.

Litigation 98

Litigation Patent Business Patent Infringement 98

IP and Legal Filings

SEPTEMBER 13, 2022

A patent is an intellectual property right granted by a government to the inventor, to protect their invention and allow the fullest commercial exploitation of the patented invention. Importantly, only those who have developed new technologies and created a product can file for a patent on the new technology.

Patent 52

Patent Invention Inventor Technology 52

LexBlog IP

MARCH 27, 2023

Patent owners worry about what they can and cannot publicly say about infringement of their patent rights. Accused infringers may believe that certain public statements by patent owners are actionable on the basis that such statements interfere with business, are defamatory, or both. Patent Nos. Patent Nos.

Patent 52

Patent Social Media Patent Infringement Litigation 52

More Than Your Mark

FEBRUARY 11, 2019

Despite the widely diverging needs of the different industries that make use of the US patent system, US patent law applies essentially the same rules to innovations from all technology fields. patent rules. patent system are discussed below. Patent Exclusivity. Regulatory Exclusivity.

IP 52

IP Marketing Marketing Invention 52

Intepat

AUGUST 25, 2023

The Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry on the 22nd August, 2023 published “The Draft Patents (Amendment), Rules, 2023” (Draft Rules). Patent applications and prosecution thereof is currently governed under the Patents Rules 2003 (2003 Rules).

Patent 52

Patent Patent Application Government Designs 52

SpicyIP

AUGUST 2, 2021

A Parliamentary Standing Committee Report that Challenges the Fine Balances Within the IP System. Scaria points out that the Report lacks focused questions of enquiry and instead undertakes a superficial review of all IP laws in the country. Parliamentary Committee on IP Suggests Against Scrapping of IPAB. Part I and II.

Reporting 116

Reporting Designs Design Copyright 116

The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality. 35 USC section 171.

Design Patent 52

Design Patent Designs Design Patent 52

The IP Law Blog

APRIL 21, 2022

Not everything is patentable. First, only inventions are patentable. Second, only certain inventions are patentable. Four types of inventions are patentable: articles of manufacture, machines, processes, and compositions of matter. These four types of inventions are referred to as patent-eligible subject matter.

Invention 98

Invention Patent Patent Law Patent Infringement 98

The IPKat

FEBRUARY 14, 2022

Although spring is one month and a couple of days away from us, IP events and opportunities are already blooming and you can find a bundle of the best here. OxFirst - Damage Calculations in Patent Infringement Cases in the U.S.A. - Registration is open and can be made here. The deadline for application is 11 March 2022.

Intellectual Property 52

Intellectual Property Registration Patent Infringement Television 52

The IP Law Blog

MARCH 16, 2023

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.

Technology 98

Technology Licensing Patent Application Patent Infringement 98

Intepat

MAY 22, 2023

However, something more than conception is required for an invention to be ready for patenting. When an invention has reached the stage where it is reduced to practice, it is ready for patenting. There is always confusion among inventors as to when will be the ideal time for claiming a patent. Patents are territorial rights.

Inventor 52

Inventor Invention Patent Patent Application 52

The IP Law Blog

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

Law 109

Law Patent Invention Intellectual Property 109