The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed. here , at 24].

Patent Law 70

Patent Law Law Patent Invention 70

SpicyIP

AUGUST 12, 2021

Ensuring Access to TB drugs: Is Compulsory License the Way? This is especially worrying since it is common knowledge that Indian patent law contains robust flexibilities to promote patient interest. Use of patent law levers to ensure accessibility to medicines. By Rahul Bajaj and Praharsh Gour. image from here.

Licensing 134

Licensing Government Reporting Patent Law 134

IP Law 360

APRIL 3, 2024

The Federal Circuit was thrown for a loop Wednesday in a case that asked whether the holder of an exclusive patent license could sue for infringement another company that could have acquired a license for the same patent by other means, with one judge calling the court's case law on the matter "very muddled."

Patent Law 45

Patent Law Law Patent Licensing 45

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

Patently-O

SEPTEMBER 26, 2022

According to the Federal Circuit, US patent law contains separate and distinct written description and enablement requirements. Rather, according to the petition, the Federal Circuit’s jurisdiction should depend upon whether the mandamus action itself arises under the patent laws. Kite Pharma, Inc. ,

Patent Law 125

Patent Law Law Patent Invention 125

Patently-O

FEBRUARY 24, 2022

The settlement also included a license to thousands of Qualcomm patents. Here’s the problem — in its appeal, Apple was not able to show Apple’s rights or duties under the license would change if the patents were cancelled. This question ties the case directly to MedImmune, Inc. Genentech, Inc. ,

Patent Law 95

Patent Law Law Patent Litigation 95

JD Supra Law

FEBRUARY 18, 2022

2022 is expected to be another busy year in the world of patent litigation. We fully expect persistence in these spaces: STANDARD-ESSENTIAL PATENT (SEP) LICENSING AND THE GROWING DEMAND FROM TECH COMPANIES FOR INDUSTRY STANDARDS - After the number of disputes involving SEPs. By: McDermott Will & Emery

Patent Law 98

Patent Law Reporting Law Patent 98

IP Tech Blog

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

Licensing 67

Licensing Patent Application Patent Prosecution Invention 67

IP and Legal Filings

NOVEMBER 7, 2022

The goal of competition law is to ensure fair functioning of the market. [1] 1] At a glance both the laws may seem to be conflicting but Intellectual property ensures fair amount of competition in the market which is also the goal of competition law. [2] STATUTORY TUSSLE OF JURISDICTION BETWEEN PATENTS ACT AND COMPETITON ACT.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

JD Supra Law

AUGUST 26, 2022

Kilpatrick Townsend attorneys Farah Cook and Michelle Tyde recently presented “What You Don’t Know Can Hurt You: Best Practices and Hot Topics For Patent & Technology Licensing Transactions” at the firm’s Kilpatrick Townsend Intellectual Property Seminar (KTIPS).

Licensing 52

Licensing Technology Intellectual Property Patent 52

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

LexBlog IP

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

Licensing 52

Licensing Patent Application Patent Prosecution Invention 52

JD Supra Law

APRIL 14, 2022

patent law grants patent owners the right to grant licenses to their patents in analogy to landlords granting rents to real property as a license to use without obtaining ownership. 35 U.S.C. §§ 261-262.

Ownership 102

Ownership Licensing Patent Law Patent 102

LexBlog IP

NOVEMBER 16, 2021

The post First Biosimilar Making “Paragraph IV” Certification under China’s New Patent Law: Bio-Thera Solutions Announced NMPA Acceptance of aBLA for Tocilizumab appeared first on Big Molecule Watch. This system is similar to the U.S.

Patent Law 52

Patent Law Law Patent Marketing 52

IP Law 360

DECEMBER 1, 2023

Google lawyers managed to hash out their legal fights with two patent-licensing outfits represented by the same powerhouse Delaware patent law firm, over a year after U.S.

Patent 59

Patent Licensing Patent Law Law 59

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.

Contracts 119

Contracts Law Patent Licensing 119

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

IPilogue

NOVEMBER 1, 2022

Abbas explored exceptions that potentially allow IP to be freely used in emergencies: the right to repair exception , the private and noncommercial use exception , and the experimental use exception , while in a September 2022 article in International Review of Intellectual Property and Competition Law (IIC), Ballardini et al.

IP 120

IP Intellectual Property Licensing Journalism 120

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

IIPRD

FEBRUARY 6, 2024

A thorough awareness of intellectual property laws is crucial, regardless of your career goals—be they that of a fashion designer, singer, filmmaker, or just someone curious about the legal side of entertainment. Copyright law protects you as a musician by preventing unauthorized use of your creative works.

Intellectual Property 52

Intellectual Property Cease and Desist Copyright Law Music 52

SpicyIP

SEPTEMBER 27, 2023

At a quick glance, one notable push by the guidelines is to allow “exclusive” licensing from public funded research, to private bodies. d also mentions ‘march-in’ rights and compulsory licensing but the language makes it unclear what is meant exactly: 5.d. Provision 5.d

Intellectual Property 111

Intellectual Property Licensing IP Reporting 111

Intellectual Property Law Blog

MARCH 13, 2024

Patents The Report discussed in section IV: (i) the use of NFTs to manage registration, ownership, and licensing of patents; and (ii) how current patent laws apply to NFT-related inventions. Patent applicants and practitioners could benefit from guidance regarding obtaining patents in the context of NFTs.

Reporting 130

Reporting Non-Fungible Tokens IP Intellectual Property 130

LexBlog IP

JANUARY 30, 2024

We reported in 2020 on PRC’s fourth amendment to the Patent Law (link to our blog post here ). To most patent practitioners and applicants, the practical effect is that the deadline for responding to the patent office is “shortened” by 15 days.

Patent 52

Patent Invention Patent Law Designs 52

Kluwer Copyright Blog

MARCH 13, 2024

licenses for specific uses). Rightholders can, for example, choose whether to license an e-book or an e-journal to a library, or whether to provide licenses to educational establishment to play music and audio-visual works for educational purposes. 6(4) InfoSoc Directive and those shielded from contractual override under art.

Copyright 122

Copyright Art Licensing Contracts 122

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. Apple Retail UK Ltd.

Licensing 105

Licensing Litigation Technology Patent 105

JD Supra Law

APRIL 28, 2023

One of the biggest changes in international patent law takes effect on June 1, 2023, when Europe's new Unitary Patent System and Unified Patent Court become a reality after years of planning. Join us for a virtual CLE as we discuss unitary patents and what you should do to prepare.

Patent 52

Patent Licensing Patent Law Law 52

The IPKat

SEPTEMBER 15, 2022

After a methodological introduction in Chapter 1, Wernick follows in Chapter 2 with a discussion of the economic consequences of over- and underprotection in patent law. Notably, overprotection may lead to a decrease in patent quality (where an existing patent is in fact invalid) or to issues of interoperability between products.

Licensing 76

Licensing Art Marketing Marketing 76

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

The IPKat

JANUARY 22, 2023

Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? Thank you to readers who voted for the IPKat book of the year awards 2022!

Intellectual Property 98

Intellectual Property Editing Intellectual Property Law Designs 98

IPilogue

MARCH 1, 2023

57 of the Patent Act is the usual remedy that upholds the bargain theory of patent law. This was an incredible opportunity for the students to explore not only the technical aspects of patent law regarding the scope of claims, but also the equitable concerns related to the issuance of an appropriate remedy.

Intellectual Property 111

Intellectual Property Patent Troll Invention Patent Law 111

IPilogue

OCTOBER 5, 2021

On September 9, 2021, ESG Clean Energy, LLC (“ESG”), a corporation responsible for clean energy solutions for distributed power generation, announced that they signed an exclusive licensing deal with Viking Energy Group, Inc. (“Viking”) for use of ESG’s carbon dioxide-free power generation technology in all of Canada.

Patent 106

Patent Licensing Technology IP 106

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

IP Law 360

APRIL 12, 2023

Court of Federal Claims illustrates why licensing professionals should rethink customary provisions that assign new patent owners the right to sue for past infringement damages, which may undermine a new holder's ability to recover damages in certain actions against the federal government, says Robert Matthews at Matthews Patent-Law.

Patent 40

Patent Licensing Patent Law Government 40

The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. International License. Copyright: WIPO. Photo: Emmanuel Berrod.

Designs 117

Designs Design Intellectual Property Licensing 117

Patently-O

FEBRUARY 9, 2022

Sgromo then negotiated a license deal from a third-party, but that income was designated as coming to Eureka. When the two broke-off their relationship Sgromo wanted the patents back and sued. 251 (2013) (patent attorney malpractice does not arise under the patent laws). ” Bestway (USA), Inc. US7046440B1.

Ownership 70

Ownership Patent Law Invention Licensing 70

LexBlog IP

AUGUST 16, 2023

This elevated perception translates into increased brand value, opening avenues for potential licensing, franchising, partnerships, and even financial transactions. Licensing and Franchising A registered trademark has licensing value if others want to pay you money to use it.

Branding 40

Branding Brands Branding Registration 40

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