JD Supra Law

JANUARY 26, 2024

After seven years of successful litigation, it was understandable that St. Jude Medical wanted to put its dispute with Niazi Licensing Corp. Jude Medical's too-quick response to a mediator's email left it stuck with a settlement it didn't want. NLC) to bed. By: Axinn, Veltrop & Harkrider LLP

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Patent Trademark Blog

JUNE 5, 2023

Is patent enforcement possible for small companies? Whatever people may have heard about patent enforcement, one thing is clear. Almost everyone knows that patent infringement lawsuits are expensive. If patent infringement litigation is so costly, what options are available to startups and small businesses?

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Patent Infringement Cease and Desist Patent Litigation 52

IP Law 360

NOVEMBER 10, 2021

district court data on how patent damages expert testimony has been challenged based on comparability, and how courts have ruled with regard to license and settlement agreements, litigation verdicts, market studies and more. Rich Franciosa and Michael Herrigel at Charles River Associates analyze nearly seven years of U.S.

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IAM Magazine

DECEMBER 14, 2021

A preliminary injunction has been issued against the state’s strict reverse payment law, but antitrust considerations are here to stay in IP litigation settlements.

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Settlement Litigation IP Patent 52

JD Supra Law

AUGUST 25, 2022

In that earlier opinion (Medtronic I), the Tax Court held that Medtronic appropriately applied a comparable uncontrolled transaction (CUT) method to determine the arm’s-length royalty rate for certain licensing of intangible property, using a 1992 patent litigation settlement agreement. By: Eversheds Sutherland (US) LLP

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LexBlog IP

JUNE 1, 2023

Kewalramani), the Central District of California denied Defendant Netflix’s attempts to compel Plaintiff GoTV Streaming to provide documents and further information as to the source of the litigation funding that GoTV received in conjunction with the patent litigation.

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Litigation Licensing Settlement Patent 52

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 5, 2022

Stec, from testifying as to reasonable royalty damages, where Dr. Stec had relied on a license agreement between third parties, jury verdicts, and settlement agreements. Rather, IOENGINE contended that “built-in apportionment” attributable to the licenses which Dr. Stec relied on satisfied the apportionment requirement.

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IP Watchdog

JANUARY 3, 2024

entered into a settlement and license agreement in 2014, following years of patent litigation over their competing glucose monitoring system patents. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential ruling that affirmed a district court’s denial of preliminary injunction to DexCom, Inc.,

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IAM Magazine

DECEMBER 14, 2021

A preliminary injunction has been issued against the state’s strict reverse payment law, but antitrust considerations are here to stay in IP litigation settlements.

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Settlement Litigation IP Patent 40

IPilogue

APRIL 22, 2022

Patent 8,129,385 (“patent 385”). This article delves into the legal doctrines that support the parties’ claims and the overarching strategy to their settlement. ViiV alleges Gilead infringed upon patent 385 under the doctrine of equivalents, which has two exclusions: dedication-disclosure and specific exclusion.

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IAM Magazine

JUNE 29, 2021

Deal ends litigation in China and Europe, with Xiaomi gaining rights to mobile patents owned by Sisvel and Mitsubishi Electric.

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Settlement Patent Litigation Licensing 52

IP Watchdog

JULY 14, 2023

This week in Other Barks & Bites: the U.S.

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JD Supra Law

DECEMBER 14, 2021

A number of small providers are receiving patent demand letters with a settlement or licensing offer to avoid litigation. Many of these letters are a typical part of the playbook of entities that have been variously called “non-practicing entities” (NPEs) or “patent trolls.” How should you respond?

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Patent Troll Settlement Litigation Patent 52

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 18, 2020

Discovery in patent cases often requires parties to produce confidential technical, business, and financial information. Additionally, attorneys who violate a protective order jeopardize their license to practice law. Can confidential information learned during litigation be used to draft better patent claims?

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Litigation Confidentiality Patent Designs 52

JD Supra Law

APRIL 14, 2023

VirnetX is a classic example of an NPE that does not qualify as a “patent troll.” Patent trolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit. VirnetX, on the other hand, licenses its patents for eight and sometimes nine figures.

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Patently-O

DECEMBER 11, 2022

Some background and how this Played out for Uniloc : HP sold several patents to Uniloc back in 2017 who then sued Apple, Motorola, and Blackboard for patent infringement. Uniloc has a litigation financing relationship with Fortress with the patents serving as collateral for the deal. After some venue-action, Uniloc v.

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Licensing Settlement Litigation Patent 130

IAM Magazine

NOVEMBER 5, 2021

An August litigation settlement with the Chinese giant means that 55% of the market is now taking licences from the firm.

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LexBlog IP

APRIL 13, 2023

VirnetX is a classic example of an NPE that does not qualify as a “patent troll.” Patent trolls leverage the litigation system to negotiate settlements for less than the cost of defending against a lawsuit. VirnetX, on the other hand, licenses its patents for eight and sometimes nine figures.

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Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

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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.,

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IP Watchdog

NOVEMBER 26, 2021

A light week last week headed into the holidays saw 20 Patent Trial and Appeal Board filings (two more against MemoryWeb, and a lot of one-offs, including one by gaming company Zynga against IGT).

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

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The IPKat

JUNE 21, 2022

The analysis is complemented by a case study of the MPEG-2 patent pool, as well as by suggestions for further avenues in economic research of IP. Cristof Augenstein follows with Chapter 3, where he discusses patent enforcement in Europe. The book closes with Chapter 9, written by Rochelle Cooper Dreyfuss.

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SpicyIP

MARCH 15, 2024

This post does not, in any manner, get into the arena of willingness or unwillingness of defendants to enter into a licensing agreement. Background The Petitioner, InterDigital (“ID”), initiated patent infringement proceedings against Oppo, One Plus and Redme (“defendants”) concerning 8 standard essential patents.

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LexBlog IP

NOVEMBER 3, 2022

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). Triumph IP claims to own a patent on technology that is vital to the 802.11 The question then becomes whether the patent actually covers the standard.

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IP Watchdog

FEBRUARY 9, 2023

It was a rather light district court week for patent filings, with just 24 new cases filed last week—we are starting to see the effects of a depressed rate of filing from IP Edge in the overall numbers (link behind paywall). The week also saw an average number of Patent Trial and Appeal Board (PTAB) filings, all inter partes reviews (IPRs).

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LexBlog IP

JANUARY 31, 2023

” As we reported previously, Amgen and AbbVie settled their BPCIA litigation regarding AMJEVITA back in 2017. In connection with the settlement, Amgen said that AbbVie would grant patent licenses for the use and sale of AMJEVITA worldwide, with Amgen’s expected launch in the United States being today, January 31, 2023.

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IPilogue

JANUARY 24, 2022

Little did I know that the price of patented medicines is capped on a case-by-case basis by the federal Patented Medicine Prices Review Board. The management of intellectual property, having its own dedicated counsel and litigation report separate from all other legal matters, is unsurprisingly a priority for Teva.

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LexBlog IP

JANUARY 19, 2024

Regeneron’s Suits Against Proposed Biosimilars of EYLEA The year 2023 saw significant developments in litigation related to biosimilars referencing Regeneron’s EYLEA (aflibercept) product. That IPR was terminated in August in view of a settlement agreement and before there was any decision on institution. 271(e)(4)(D).

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The IPKat

JULY 5, 2021

But then, of course, in a statement published on 1 June, the two companies said they have signed an agreement under which Nokia will license mobile telecoms technology to Daimler. They discussed the questions referred in the Nokia v Daimler case, and the broader issues around standards, supply chains and FRAND licensing.

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LexBlog IP

NOVEMBER 21, 2023

District Court for the District of New Jersey, alleging infringement of 15 patents under the BPCIA based on DRL’s submission of an aBLA for DRL_RI, a proposed biosimilar of RITUXAN (rituximab) and DRL’s provision of Notice of Commercial Marketing with respect to the same.

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IP and Legal Filings

JANUARY 21, 2022

Huawei and Verizon settle their FRAND patent dispute concerning the infringement claims in Texas, which was done shortly after the start of the trial. Through the settlementwhich was under confidential terms, the parties settle their patent dispute and lawsuits. Image Source: gettyimages]. Chinese market.

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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.

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The IPKat

JUNE 22, 2023

This observation also applies to Standard Essential Patent (SEP) licensors who may have various levels of bargaining power which may in addition change over time ([247] – [249]). He rejected the argument that the royalty in SEP licensing of mobile devices should depend on usage. 3d 1360 (Fed. But this is not the position in the UK.

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Patent Infringement Licensing Patent Litigation 87

SpicyIP

SEPTEMBER 25, 2023

Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. What’s the best way forward? Roshan Santhalia shares his perspective.

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The IPKat

MARCH 16, 2023

Mr Justice Mellor has today handed down the judgment in Interdigital v Lenovo FRAND trial [2023] EWHC 539 (Pat) determining that the FRAND royalty to be paid by Lenovo to Interdigital for a license to their SEP portfolio is $138.7 Whether Interdigital’s January 2020 offer was FRAND and if not, what terms would be FRAND for Lenovo.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

Principal Adam Shartzer and Associate Josh Carrigan authored Expert Analysis for Law360 examining a fee-shifting statute for patent cases that allows prevailing parties to recover their reasonable attorney fees in exceptional patent infringement cases. A fee-shifting statute for patent cases under Title 35 of the U.S.

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