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?”

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Patent Law Law Patent Litigation 95

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

JD Supra Law

JULY 7, 2023

That is, punitive damages may be applied to intentional infringement and serious patent infringement. That is, punitive damages may be applied to intentional infringement and serious patent infringement. By: Linda Liu & Partners

Patent Infringement 52

Patent Infringement Intellectual Property Patent Trademark Law 52

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

Indiana Intellectual Property Law

SEPTEMBER 19, 2023

LLC for patent infringemen t under U.S. Patent Laws, 35 U.S.C. §§ 271 , 281 , 283 , 284 , and 285. 8,967,940 (“the ’940 patent”) and U.S. Kalida, Ohio – The Plaintiff, UNVERFERTH MFG. filed suit against Silver Lake, Indiana company , PAR-KAN CO.,

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Cease and Desist Patent Infringement Patent Patent Law 97

Patently-O

SEPTEMBER 17, 2023

This post will focus on another key issue from the case – the relevance of logos in design patent infringement analysis. 2013) (“[The accused infringer] has in fact scrupulously avoided such confusion by choosing a starkly different logo that it prominently displays on its [products] and on all its sales and marketing literature.”).

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Design Patent Patent Infringement Designs Design 70

43(B)log

FEBRUARY 20, 2023

17, 2023) Reversing the district court’s preliminary injunction , the Federal Circuit held that notices to stores that sold Nu Tsai’s holiday string lights alleging patent infringement were not objectively baseless and thus could not be made in bad faith for purposes of avoiding patent-law conflict preemption.

Patent Infringement 59

Patent Infringement Patent Copying Patent Law 59

43(B)log

OCTOBER 31, 2022

27, 2022) A rare tortious interference/business defamation case that results in a preliminary injunction (converted from a TRO), based on claims of patent infringement made to plaintiff’s customers. This requires that infringement claims be objectively baseless. Nu Tsai Capital LLC, NO. 8:22CV314, 2022 WL 15523245 (D.

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Patent Infringement Patent False Advertising Business 90

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

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.

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Contracts Law Patent Licensing 119

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.

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Settlement Patent Infringement Patent Intellectual Property 70

LexBlog IP

MARCH 5, 2023

Lite-Netics brought a patent infringement action against HBL, and sent two notices, one before filing suit and one after, to its customers (some of which were also HBL customers), informing them of allegedly infringing competitors in the market and stating Lite-Netics’s intent to enforce its patent rights.

Patent Infringement 52

Patent Infringement Patent Intellectual Property Law Litigation 52

SpicyIP

AUGUST 1, 2021

The Report recommends that instead of completely abandoning patent applications for non-compliance with minor procedural/timeline requirements, penalties or fees should be imposed to induce some flexibility in the process.

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Reporting Patent Law Patent Application Patent 136

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

JD Supra Law

APRIL 13, 2023

However, the patent infringement cases in which True Return asserts that MakerDAO and Compound Protocol infringe its patent have not received much media attention, despite the fact that they may have a large impact on blockchain technology adoption and participation in DAOs.

Patent 98

Patent Patent Infringement Patent Law Technology 98

The IPKat

APRIL 24, 2023

For each jurisdiction, there are several chapters which sets out the procedure and practice for managing patent cases, namely patent infringement cases., while also " integrating pertinent patent law doctrines ".

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Publishing Patent Patent Infringement Intellectual Property 142

JD Supra Law

DECEMBER 14, 2023

By: Linda Liu & Partners

Patent Infringement 67

Patent Infringement Patent Patent Law Law 67

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

Indiana Intellectual Property Law

JANUARY 15, 2024

In the modern era of technological advancements and the burgeoning landscape of online commerce, the interconnection of patent law with the dynamics of e-commerce platforms presents intricate challenges. 11,473,277 (“the ‘277 Patent”) against specific Xin Glass Rinsers listed by Sanitary Ware on Amazon.

Patent 52

Patent Patent Infringement Patent Law Technology 52

Garrigues Blog

JANUARY 12, 2022

In addition, a third party’s use of an invention before its registration by another is also relevant to assess patent infringement. The right of prior use is set forth in article 63 of the current Patents Law of 2015, the wording of which is practically identical to that of article 54 of the earlier Patents Law of 1986.

Patent Infringement 52

Patent Infringement Invention Patent Patent Law 52

Patently-O

DECEMBER 30, 2021

Olaf Sööt Design’s pending petition for certiorari centers on the age-old division between issues-of-fact and issues-of-law. Constitution generally requires due process, and particularly protects litigants’ rights to a jury trial in common law cases. Patent Law at the Supreme Court December 2021.

Law 56

Law Patent Patent Law Litigation 56

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

Patently-O

SEPTEMBER 8, 2022

The crux of the decision is as follows: [T]he district court read our precedent as applying a bright-line rule that patent infringement notice letters and related communications can never form the basis for personal jurisdiction. Personal Jurisdiction as Not Patent Law Specific. ” Apple Inc. 12, 2021).

Law 51

Law Patent Law Licensing Government 51

IP Watchdog

NOVEMBER 2, 2022

Jump Rope Systems, the inventor of a novel jump rope system, is petitioning the Supreme Court to clarify “whether, as a matter of federal patent law, a determination of unpatentability by the Patent Trial and Appeal Board in an inter partes review proceeding, affirmed by the Federal Circuit, has a collateral estoppel effect on patent validity in a (..)

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Inventor Invention Patent Infringement Patent Law 69

Patently-O

JULY 21, 2022

On appeal though, the Arizona Court of Appeals has vacated and remanded–holding that the district court erred by presuming irreparable harm due to patent infringement. The appellate court noted the change in law under eBay , but also went on to explain that Arizona Law “does not presume irreparable harm.”

Licensing 76

Licensing Patent Patent Law Intellectual Property 76

JD Supra Law

APRIL 14, 2022

Israeli law prescribes that a patent provides protection for 20 years. However, this period may be shortened or lengthened in exceptional circumstances, as specified in the Patent Law.

Patent 52

Patent Patent Infringement Patent Law Law 52

JD Supra Law

NOVEMBER 14, 2022

In China, we indeed have estoppel doctrine, but it is not provided in the Patent Law. However, in the Judicial Interpretations of the Supreme People's Court (SPC) about hearing the patent infringement litigation, the estoppel doctrine has been stipulated many times.

Patent 52

Patent Patent Application Patent Infringement Patent Law 52

JD Supra Law

AUGUST 17, 2022

The PRER could be used as evidence for the trial or dealing with patent infringement disputes. By: Linda Liu & Partners

Reporting 52

Reporting Patent Design Patent 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. intellectual property.

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Law Patent Invention Intellectual Property 109

LexBlog IP

AUGUST 11, 2021

With all these various fast food restaurants entering the fray, why did Chick-fil-A or other early players in the chicken sandwich game not block these upstarts with copyright or patent infringement injunctions? A 2015 court case and trade secret law help shed some light on this question.

Intellectual Property Law 52

Intellectual Property Law Intellectual Property Law Social Media 52

JD Supra Law

JANUARY 7, 2022

The US Court of Appeals for the Second Circuit transferred an appeal of a preliminary injunction enjoining alleged copyright and trademark infringement to the US Court of Appeals for the Federal Circuit because the operative complaint included six counts of patent infringement and thus arose under patent law.

Patent Infringement 52

Patent Infringement Patent Law Designs Design 52

Patently-O

OCTOBER 26, 2022

Financing an infringement lawsuit is a bit tricky, especially for a total-startup (micro entity) in a fairly small market. After failed licensing discussions, her company Jump Rope Systems eventually sued Coulter Ventures (owners of Rogue Fitness ) in 2018 for patent infringement. Jump Rope Systems, LLC v. Jump Rope Petition.

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Patent Infringement Patent Inventor Law 80

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Ridge Wallet LLC , — F.4th 4th — (Fed.

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Art Branding Brands Branding 123

Patently-O

OCTOBER 11, 2021

The PTO has declared a “standard operating procedure,” and the plaintiff here argues that the SOPs were illegal rulemakings (“promulgated without lawful adherence to the strictures of the Administrative Procedure Act.”). In other words, the patent laws are integral to the lawsuit. ” 5 U.S.C.

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Inventor Patent Law Law Patent 78

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

FEBRUARY 29, 2024

Breadth of the Covenant : The Federal Circuit held that the plain language of the covenant not to sue in the License Agreement between AlexSam and MasterCard was extremely broad, covering not just potential patent infringement suits but also AlexSam’s breach of contract suit to recover unpaid royalties under the Agreement.

Licensing 52

Licensing Contracts Patent Law Patent 52

The IPKat

JANUARY 2, 2022

TRADE MARKS Lise Charles (WTR) provides an overview of the most-read posts on Word Trademark Review (WTR) on European trade mark case law over the past year, including analyses of cases dealing with issues such as unconventional signs (i.e., Julie Zerbo tells the rest of the story on The Fashion Law.

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