Patently-O

FEBRUARY 24, 2022

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The settlement also included a license to thousands of Qualcomm patents.

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Patent Law Law Patent Litigation 95

Patently-O

SEPTEMBER 26, 2022

According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. My favorite part of this litigation is the mock-up created by folks at the USPTO of Gil Hyatt applying the “Submarine Prosecution Chokehold.” Kite Pharma, Inc. , USPTO , No.

Patent Law 125

Patent Law Law Patent Invention 125

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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Licensing Litigation Technology Patent 105

The IPKat

JULY 30, 2021

Thus, the GPA will henceforth include an explicit proportionality defense to permanent injunctions in patent law. Reportedly, several German patent judges immediately commented along similar lines [ here ]. here , at 5]; novel generations of pharmaceuticals that make prior patent clearance difficult [e.g. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

The IP Law Blog

DECEMBER 7, 2023

billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents.

Licensing 117

Licensing Patent Government Litigation 117

The IPKat

APRIL 22, 2024

Accredited European Patent Litigation Certificate Course Trier & Online tutorial - Course start: 25 September 2024; Course end: 16 May 2025 ERA will offer a high-standard course giving patent attorneys the best tools to understand the legal framework and procedural rules necessary to litigate before the UPC.

Intellectual Property Law 62

Intellectual Property Law Intellectual Property IP Litigation 62

Patent Trademark Blog

APRIL 5, 2023

One of the most frequent questions I get about getting a patent in China is whether anyone should even bother. Why file a patent overseas when you cannot enforce it? Keep in mind that I am a US patent attorney. Our foreign patent experience has enabled us to counsel our clients on what to expect when filing patents worldwide.

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Patent Patent Application Litigation IP 98

LexBlog IP

JULY 31, 2023

In this episode, Yuri delved into the transformative potential of AI in IP Law, offering a glimpse into the future of this exciting field. Let’s dive into the key points discussed: AI in Patent Law : Yuri discusses the potential of AI in the field of patent law.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

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

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? Despite these differences, we noted that these two concepts have often been treated interchangeably by courts, often leading to confusing results.

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Contracts Law Patent Licensing 119

The IPKat

FEBRUARY 24, 2022

This annual conference will update patent litigators and attorneys on the ongoing European and EU initiatives in the field of patent law.

Intellectual Property Law 57

Intellectual Property Law Intellectual Property IP Patent Law 57

IPilogue

OCTOBER 14, 2022

Expectedly, the decision to remove functionality instead of licensing the patents from Sonos has caused some friction with Google’s customers. But this relationship soured soon after, with Sonos accusing Google of monopolistic practices and of using patent laws to squash competition from small companies.

Patent Infringement 106

Patent Infringement Patent Technology Patent Law 106

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 patent is valid until 21 December 2023. So what is going on? Let’s start at the beginning.

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Patent Troll Marketing Marketing Patent 86

IPilogue

JANUARY 24, 2022

I was fortunate to have a patient and knowledgeable supervisor in Ben Gray with whom to discuss a number of patent issues involving litigation strategy, biologics, skinny labeling, and means by which pharmaceutical companies seek to extend their commercial monopolies.

Intellectual Property 81

Intellectual Property Branding Brands Branding 81

Patently-O

NOVEMBER 15, 2023

Even some judges on the Federal Circuit have labeled the eligibility framework as an “incoherent doctrine” [1] that might tempt district courts into “an effective coin toss,” [2] while others have openly confessed that “the nation’s lone patent court … [is] at a loss as to how to uniformly apply § 101.” [3]

Patent Law 73

Patent Law Law Patent Litigation 73

IAM Magazine

SEPTEMBER 10, 2021

The appeal judges’ recent decision in favour of Ericsson over HTC endorsed the comparable licensing royalty valuation approach and confirmed such disputes were about breach of contract, not patent law.

Contracts 52

Contracts Licensing Patent Law Law 52

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.

Technology 98

Technology Licensing Patent Application Patent Infringement 98

LexBlog IP

MAY 10, 2022

This case is China’s first patent linkability case since the implementation of the new Chinese Patent Law. Patent linkability refers to a newly implemented system of Article 76 of the Patent Law of the People’s Republic of China. ” The Defendant, Wenzhou Haihe Pharmaceutical Co.,

Intellectual Property 52

Intellectual Property Patent Marketing Marketing 52

Patently-O

SEPTEMBER 8, 2022

The Federal Circuit has repeatedly stated that exercise of personal jurisdiction over a patentee is improper when the company’s only related “contacts were for the purpose of warning against infringement or negotiating license agreements.” Personal Jurisdiction as Not Patent Law Specific. 3d 1356, 1364 (Fed.

Law 51

Law Patent Law Licensing Government 51

Patently-O

JANUARY 4, 2023

In the USA, civil litigation typically involves substantial discovery — with each party demanding to see the other side’s secrets. In patent law, these secrets are often at the core of the business process: product development and manufacturing processes, key product details, detailed market and sales data, etc.

Litigation 56

Litigation Confidentiality Designs Design 56

SpicyIP

AUGUST 15, 2021

Ensuring Access to TB drugs: Is Compulsory License the Way? In this post , Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. Thematic Highlight.

Licensing 83

Licensing Government Reporting Patent Law 83

IAM Magazine

SEPTEMBER 10, 2021

The appeal judges’ recent decision in favour of Ericsson over HTC endorsed the comparable licensing royalty valuation approach and confirmed such disputes were about breach of contract, not patent law.

Contracts 52

Contracts Licensing Patent Law Law 52

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

Licensing 52

Licensing Contracts Law Patent Law 52

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Courts.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area.

Licensing 54

Licensing Contracts Patent Law Law 54

IP and Legal Filings

JANUARY 21, 2022

Also, Huawei wants to have a strong patent portfolio in the Chinese market where all such measures are more or less beneficial for it. The contention of Samsung was to set a global license rate for Ericsson’s SEP. Image Source: gettyimages]. Chinese market. Meanwhile, Ericsson sued Samsung for breach of FRAND terms.

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Confidentiality Marketing Marketing Licensing 52

The IP Law Blog

JULY 15, 2021

Explain whether you have changed your behavior with regard to filing, purchasing, licensing, selling, or maintaining patent applications and patents in the United States as a result of the current state of patent eligibility jurisprudence in the United States.

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Law Patent Invention Intellectual Property 109

Fish & Richardson Trademark & Copyright Thoughts

MARCH 31, 2021

.” In the article, Betty talks about the potential impact of widespread 5G rollouts on global patent litigation, how clients are addressing SEP and FRAND issues, and where she sees these trends going in the future. CCBJ: The next major wave of global patent litigation is expected to focus on 5G.

Journalism 40

Journalism Business Litigation Intellectual Property 40

Patently-O

OCTOBER 26, 2022

There has been massive infringement since her patents issued 10-12 years ago. 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. Coulter Ventures, LLC , 18-cv-731 (S.D. ” XY, LLC v.

Patent Infringement 80

Patent Infringement Patent Inventor Law 80

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. The discovery, development and patenting of biologics has been historically tied to the ‘product of nature’ question under patent law. CLS Bank Int’l.

Invention 69

Invention Patent Art Patent Law 69

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

Investors are more likely to support companies that possess protected IP as it represents a tangible asset that can be monetized or licensed in the future. Startups can license their trademarks to other parties for use in franchising agreements or collaborations, generating additional revenue streams.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

SpicyIP

APRIL 7, 2024

Article 12, along with the recent amendments to the Patent Rules, restrict the obligation to disclose the “working” statement., This could make it harder to force companies to license patents if they are not being used to make affordable products in India. And further restricting policy levers such as compulsory licensing.

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Patent Patent Application Intellectual Property Law 72

The IP Law Blog

NOVEMBER 3, 2022

and the wealthy countries, Moderna announced that it expected its competitors to respect Moderna’s intellectual property and that it would offer patent licenses on reasonable terms to those who asked. On August 26, 2022, Moderna sued Pfizer and BioNTech for patent infringement in the district court in Massachusetts.

IP 52

IP Intellectual Property Technology Publishing 52

Patently-O

APRIL 11, 2024

Lost profits reward the patentee for lost sales, whereas a reasonable royalty reflects what an infringer would have been willing to pay for a license. Amy Landers has offered a comprehensive and thorough analysis of proximate cause in the patent context in Proximate Cause and Patent Law.

Patent 80

Patent Invention Technology Patent Law 80

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Justice Prathiba M Singh’s Commentary on patents law released.

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Trademark Registration Copyright Patent 59

43(B)log

JULY 15, 2022

For years, Max Rack sold Max Racks through licensing agreements with defendant Core. Freedom Rack remains the only machine on the market like the Max Rack; the plaintiff has not licensed another producer. Max Rack did not have a “noticeably stronger” “litigating position” given Core’s payment of a lot of profits/royalties before trial.

Advertising 59

Advertising Advertising Licensing False Advertising 59

Traverse Legal Blog

NOVEMBER 16, 2021

Are there any active litigation and/or administrative proceedings (e.g. It is important to review license agreements identifying the target and its IP asserts in order to determine if there are any restrictions, such as field of use, exclusivity, geography, etc., post-grant review, oppositions, etc.)

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Due Diligence IP Intellectual Property Invention 75