Patently-O

JANUARY 23, 2024

The Schedule A litigation phenomenon continues apace in the Northern District of Illinois, a court that has become, in the words of Judge Seeger, “ an assembly line for TROs.” But Schedule A litigation is not confined to Chicago. In practice, however, contact information for many of the parties was readily available. . .

Litigation 85

Litigation Settlement Patent IP 85

JD Supra Law

APRIL 12, 2022

District Judge Alan Albright of the Western District of Texas has become one of the Nation’s most influential judges for patent litigation. Last December, he granted his first two motions under Section 101 of the Patent Act after denying many such motions during his first three years on the bench.

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Litigation Patent 98

Patently-O

JANUARY 24, 2022

Their article Federal Judge Seeks Patent Cases was recently published in the Duke Law Review, and I’m currently working on a project with them on writs of mandamus at the Federal Circuit. Among them was “the arcane but important matter” of judicial assignment and venue for patent cases. Guest post by Professors J. – Jason.

Litigation 58

Litigation Patent Reporting Patent Law 58

LexBlog IP

JULY 19, 2023

New Developments in China Trade Secret Litigation by Founders Legal China’s Growing Focus on Intellectual Property: The Beijing IP Court Steps Up Protections Trade secrets have become increasingly important in today’s globalized business environment, serving as vital intangible assets for many companies.

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Litigation Intellectual Property IP Intellectual Property Law 40

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 18, 2020

Discovery in patent cases often requires parties to produce confidential technical, business, and financial information. How do stipulated protective orders protect confidential information? How do stipulated protective orders safeguard source code ? Protective orders are court orders.

Litigation 52

Litigation Confidentiality Patent Designs 52

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

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Fish attorney Kurt Glitzenstein spoke with The American Lawyer about Fish’s success on being the busiest patent litigation firm in the land. He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more.

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Litigation Technology Business Patent 40

Patent Trademark Blog

MARCH 28, 2022

What if we adjust our initial filing patent cost to match your budget? Nearly every patent firm sets their own attorney’s fees and service rates. So we asked ourselves the following question: What can we do to make utility patents more affordable? What would make patents more accessible to potential clients?

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Patent Patent Application Invention IP 94

Technology & Marketing Law Blog

JANUARY 4, 2024

” Invoking the doctrine of equivalents is usually a red flag that a plaintiff is overclaiming its patent. 6 at 8 (“Many defendants, if not all, have obfuscated their physical location on their respective Amazon storefronts.”); see ECF No. In practice, however, contact information for many of the parties was readily available.

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Litigation Patent Blogging Trademark 77

Patent Trademark Blog

AUGUST 16, 2023

Need a smart strategy for enforcing your patent and trademark? Contact patent and trademark attorney Vic Lin at (949) 223-9623 or email vlin@icaplaw.com to explore working with us. The plaintiff is the accused infringer while the defendant is the owner of the patent or trademark.

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Cease and Desist Litigation IP Trademark 52

Patently-O

NOVEMBER 27, 2023

Mr. Stroud is the General Counsel of Unified Patents and Mr. Korte is Senior Principal Counsel – IP at Garmin. An exotic insurance product has recently taken the litigation world by storm. Sellers promote policies alongside litigation financing portfolios to de-risk and otherwise encourage litigation.

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Settlement Litigation Branding Brands 81

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. How should you respond? 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.”

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Patent Troll Settlement Litigation Patent 52

Fish & Richardson Trademark & Copyright Thoughts

MAY 25, 2022

Lex Machina recently released its 2022 Patent Litigation Report, which identifies trends in federal district court, in federal courts of appeals, and at the Patent Trial and Appeal Board (PTAB). Our litigators are always in the courtroom trying patent cases, and the results of the survey bear that out.”.

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Litigation Reporting Patent 52

The IPKat

MARCH 28, 2022

On 14-16 March, this GuestKat had the opportunity to attend the "Pharma & Biotech Patent Litigation" conference in Amsterdam, which, as many readers will know, not only hosts the Kattenkabinet museum (here below a sample of the oeuvres of the museum.), but it’s also an important IP and Life Sciences hub.

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Reporting Litigation Patent Confidentiality 76

IP Watchdog

JULY 6, 2022

Last week, the Supreme Court refused certiorari in yet another patent eligibility appeal. I’ve lost count as to how many times the Court has refused to provide clarity to the fundamental question of patent eligibility since it last muddied the waters in Alice back in 2014.

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Patent Law Litigation Technology 128

IP Law 360

SEPTEMBER 8, 2022

The Federal Circuit's chief judge seemed wary Thursday that Apple could challenge how patent infringement damages were calculated in VirnetX's $576 million win against the tech giant, but she also questioned VirnetX's argument that it should get the same royalty rate no matter how many patents are at issue and wondered aloud whether the decade-old (..)

Patent Infringement 40

Patent Infringement Litigation Patent 40

JIPL Online

APRIL 22, 2021

Both the FDA and the courts have struggled with interpreting the exclusivity provision, among many other aspects of this inherently ambiguous regulation. [i] v] This wait-and-see approach has led to many questions, including what standard, if any, the FDA uses to determine this three-year market exclusivity. Policy considerations.

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Intellectual Property Law Intellectual Property Litigation Law 98

LexBlog IP

JULY 13, 2023

Many pre-commercialization gene or cell therapy companies are aware of the patents that could threaten their product after launch, but assume that they are protected from patent infringement suits before they obtain FDA approval and sell their products under the so-called “safe harbor.” Think Again!

Litigation 52

Litigation Patent IP Patent Infringement 52

Patently-O

FEBRUARY 17, 2023

DTSA fully opened the federal courts to trade secret litigation as well as added several new features, including an ex parte seizure remedy and whistleblower immunity. David Almeling and Victoria Cundiff are two of the most experienced trade secret litigators in the nation. DTSA added to the large and growing federal caseloads.

Litigation 105

Litigation Intellectual Property Business Government 105

Technology & Marketing Law Blog

AUGUST 23, 2023

[I submitted the following comments to the USPTO] __ To: United States Patent and Trademark Office, Department of Commerce From: Prof. This is especially important with respect to “anticounterfeiting” and “antipiracy” initiatives given how often IP owners mischaracterize legally permissible activity as “counterfeiting” or “piracy.”

IP 81

IP Blogging Government Litigation 81

Patently-O

MAY 11, 2023

Gugliuzza , Professor of Law, Temple University Beasley School of Law The judicial disability proceedings instituted against Federal Circuit Judge Pauline Newman have now spilled into litigation. Chief Judge Moore’s order, for its part, noted that Judge Newman wrote many fewer majority opinions than her colleagues over the past few years.

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Reporting Litigation Law Government 120

Patent Trademark Blog

JUNE 2, 2023

How can you realistically enforce your trademarks? If you haven’t done so already, have your trademark application filed by a patent and trademark attorney with experience in the potential obstacles that might arise. How much does trademark enforcement cost? Trademark litigation is not for the faint of heart.

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Cease and Desist Branding Brands Branding 52

IP Watchdog

JANUARY 11, 2022

Patent licensing and technology transfer is a cornerstone of modern economies, where the efficiencies of collaboration and division of labor do not require firms to be vertically integrated. This short article focuses on how risk – in the economic and legal sense – changes over time, and what this implies for patent licensing dynamics.

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Licensing Business Marketing Marketing 122

LexBlog IP

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 52

Patent Litigation Patent Infringement Invention 52

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.

Patent 102

Patent Intellectual Property Invention Inventor 102

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 22, 2022

The implementation of the America Invents Act in 2012 significantly changed patent practice in the United States, in part by creating an avenue to challenge a patent’s validity at the Patent Trial and Appeal Board (PTAB) without enduring the time and expense of district court litigation. Responding to the AIA.

Journalism 52

Journalism Law All Rights Reserved Litigation 52

Patently-O

SEPTEMBER 26, 2023

by Dennis Crouch In most patent cases, the parties jointly agree to a system limiting the publication of confidential case information and typically file a stipulated motion for protective order seeking the a judicial order requiring the parties to comply. These discussions involve both in-suit patents as well as an uninvolved patent.

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Confidentiality Patent Business Patent Infringement 112

LexBlog IP

JULY 26, 2022

Garcia, signed an order assigning all new patent suits filed in the Waco Division to all of the remaining district judges in the Western District (with the exception of Judge Guaderrama in El Paso). ” This order, however, will have some massive consequences for the nation’s patent docket.

Litigation 52

Litigation Patent Infringement Patent Inventor 52

LexBlog IP

MARCH 17, 2022

Although there is no legal requirement for a company to obtain an FTO opinion before taking a new product, process, or service to market, obtaining one can be very beneficial as a preemptive measure to aid in defending a company in patent litigation against assertions of willful infringement and exposure to treble damages.

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Intellectual Property Litigation Patent Prosecution Marketing 52

Patently-O

OCTOBER 28, 2021

The biggest story in patent law over the past three years has been the emergence of the Waco Division of the Western District of Texas as the undisputed capital of U.S. patent litigation. In 2016 and 2017, the two years before Judge Albright took the bench in 2018, the Waco Division received a total of five patent cases.

Litigation 127

Litigation Settlement Patent Law 127

Erik K Pelton

JUNE 10, 2023

Last week, Erik provided comments to the USPTO’s Trademark Public Advisory Committee regarding proposed changes (increases) to many trademark fees. Perhaps it would be beneficial to explore different fee levels for small and large applicants – akin to the patent side of the USPTO.

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Business Trademark Registration Inventor 130

LexBlog IP

AUGUST 30, 2023

The current hodgepodge of state trademark regimes will undoubtedly result in litigation and a race to register federal marks once Congress legalizes cannabis. Majik Medicine, LLC , 2021 WL 6198664, February 12, 2021, WDNC, (litigation over the use of “CBD MD” trademark). the Lanham Act).

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Due Diligence Intellectual Property Branding Brands 52

Patent Trademark Blog

JUNE 20, 2023

Should you go with a flat rate patent attorney? Some argue that fixed fee patents do not provide a good value. The argument is that flat rate patent lawyers would be tempted to do less work for a fixed fee. Patent lawyers may be tempted to bill more hours in working on a patent application.

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Patent Application Patent Art Designs 52

Patently-O

OCTOBER 19, 2022

In an order issued earlier this month, District Judge Alan Albright—who, despite recent changes in how cases are assigned to judges in his district, still has twice as many patent cases on his docket as any judge in the country—picked up this thread about the proliferation of nonprecedential Federal Circuit transfer decisions.

Patent 73

Patent Litigation Designs Design 73

Technology & Marketing Law Blog

NOVEMBER 22, 2022

That’s not surprising given the nature of a small claims court, but it’s also a hint of how many cases are likely to fail on initial procedural grounds. “Patent” = 6. .” According to this site , even adjusting for multiple orders in the same case, over half of the initial filings are deficient.

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Copyright Fair Use Settlement Blogging 131

Kashishipr

JULY 13, 2022

Therefore, it won’t be wrong to admit that many legal issues need to be addressed in these fields, and many more are yet to be explored as the two technologies evolve. With the rapid innovation of AR technology and its growing commercial use, there seem to be many potential IP issues arising in this field.

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Intellectual Property IP Copyright Infringement Copyright 72

LexBlog IP

MARCH 29, 2023

We spoke with innovators in the extraction, testing, and humidity controlled storage space who have successfully obtained patent protection on their developments around cannabis. As these patents are not claiming the cannabis product themselves, they are not barred by federal law. through licensing patented technology).

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