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.

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Patent Law Law Patent Editing 86

The IP Law Blog

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 96

JD Supra Law

AUGUST 16, 2023

The past several years have brought a dizzying array of changes in patent law, between proposed new legislation, new USPTO filing procedures, and Supreme Court activity at a rate not seen in decades. By: Practising Law Institute (PLI)

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Patent Law Law Patent Litigation 52

Patently-O

OCTOBER 10, 2022

Today in Patent Law Class, we covered the Supreme Court’s important decision in Markman v. 370 (1996) focusing on the question of whether the patentee has a 7th Amendment right to have a jury decide “genuine factual disputes about the meaning of a patent?” by Dennis Crouch. Westview Instruments, Inc.,

Patent Law 97

Patent Law Law Patent Invention 97

The IP Law Blog

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? The party must identify the third-party funder and whether the third-party funder has the right to approve litigation or settlement decisions. The issue arose as a result of two standing orders issued by Judge Connolly.

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Litigation Patent Confidentiality Settlement 98

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. 2022)(forthcoming).

Patent Law 95

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.

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Patent Law Law Patent Invention 126

JD Supra Law

APRIL 9, 2024

Among the most established standards in patent law is that obviousness requires a motivation to combine the prior art with “a reasonable expectation of success.” The Federal Circuit alone has employed the “reasonable expectation” formulation in hundreds of opinions spanning the past four decades.

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Art Patent Law Litigation Law 108

JD Supra Law

OCTOBER 20, 2023

With expansive new federal legislation targeting PBMs, Medicare proceeding apace in negotiating drug prices, ongoing litigation over access to mifepristone and other women’s healthcare, and expansion of DOJ enforcement interest in digital health, the health care industry continues to change dramatically.

Patent Law 78

Patent Law Law Government Litigation 78

IP Watchdog

NOVEMBER 2, 2023

The most recent chapter ended with the district court finding the Sonos patents at issue in their patent litigation against Google were unenforceable due to laches because Sonos had the audacity to file a continuation and seek claims supported by—and actually incorporated from—an earlier filing.

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Patent Law Patent Law Litigation 69

IP Law 360

OCTOBER 17, 2023

Carlton Fields has hired a partner from Fox Rothschild LLP who focuses her practice on patent litigation with clients in the pharmaceutical, biotechnology, cannabis and psychedelic industries, the firm announced Tuesday.

Patent Law 52

Patent Law Law Patent Litigation 52

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.

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Patent Law Reporting Law Patent 98

Patently-O

SEPTEMBER 20, 2021

In patent law, we also have the “ Kessler doctrine,” which sits between the two. Kessler allows for non-mutual issue preclusion even in cases where the particular issue was not actually litigated or decided. See also Mohapatra v. Hirshfeld (pro se). This typically comes in the forms of issue and claim preclusion.

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Patent Law Law Patent Art 106

JD Supra Law

DECEMBER 15, 2022

Patent and Trademark Office (PTO) are constantly reshaping patent law, and this program will teach you everything you need to know about the basics of patent litigation in this dynamic, rapidly changing landscape. Whether you’re a novice or experienced patent litigator, By: Practising Law Institute (PLI)

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Litigation Patent Patent Law Trademark 52

Managing IP

JUNE 10, 2021

Sources say updates to the Chinese Patent Law regarding design patents are likely to bring in a wave of new filings, and a surge in litigation along with it

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Design Patent Patent Law Designs Design 52

The IP Law Blog

MAY 11, 2023

The ‘911 patent relates to “extraction of pharmaceutically active components … more particularly … botanical drug substance (B.D.S.) UCANN filed for bankruptcy in 2020, which stayed the litigation. comprising cannabinoids obtained by extraction from cannabis.” The stipulation made no mention of attorney fees.

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Litigation Art Patent Application Copying 98

JD Supra Law

MARCH 11, 2024

Kilpatrick’s Dean Powell and Kim Byrd recently presented “Mitigating the Costs and Risks of Source Code and Email Discovery” at the firm’s annual 2024 Advanced Patent Law Seminar.

Patent Law 69

Patent Law Litigation Law Patent 69

SpicyIP

MARCH 27, 2024

So, we dive into the dispute over the role of scientific advisers versus expert evidence in IP litigation. In a recent c a se , the English Patent Court dealt with the distinction between scientific advisers and expert evidence offering an intriguing insight into the matter. A little bit about the Indian paradigm.

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Litigation IP Intellectual Property Patent 59

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

Patently-O

JANUARY 18, 2022

Even if you are not a litigator, you may still remember learning about the R.26(a)(1) Some areas of law have particular additional disclosure requirements. One example — old patent law. by Dennis Crouch. 26(a)(1) initial disclosures required at the start of a lawsuit.

Patent Law 66

Patent Law Law Patent Invention 66

Patently-O

JANUARY 20, 2023

Applicants, for their part, are not required to disclose prior art that is not material to patentability or that is cumulative of other prior art they’ve already provided. It may surprise you, then, to learn that the genre of science fiction is deeply indebted to patent law and patent theory. See [link].

Patent Law 96

Patent Law Law Inventor Patent 96

IP Law 360

FEBRUARY 25, 2022

Winston & Strawn LLP has beefed up its team of Chicago litigators with a hire from Bartlit Beck LLP who has expertise on issues including torts and patent law.

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Litigation Patent Law Law Patent 40

LexBlog IP

FEBRUARY 27, 2023

The District of Delaware is renowned as a patent litigation hot spot, but the district sees its fair share of other IP litigation. Future litigants in the District of Delaware should be aware of potential arguments relating to non-infringing alternatives as they potentially relate to both patent and copyright damages.

Litigation 52

Litigation IP Patent Copyright 52

JD Supra Law

DECEMBER 22, 2023

On December 8, Partner Nena Bains and Counsel Yifan Mao presented “Best Practices in Patent Drafting: Addressing 112 and Enablement After Amgen” at the 24th Annual Berkeley-Stanford Advanced Patent Law Institute organized by Berkeley Center for Law & Technology and Stanford Law School.

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Patent Drafting Patent Patent Law Litigation 67

JD Supra Law

JANUARY 23, 2023

TWO GUNS, BUT ONLY ONE BULLET, OR, ONCE IN IPR, DO NOT SAVE YOUR ARGUMENTS FOR LITIGATION A patent can be challenged in court as a defense to an infringement action or through an administrative proceeding before the U.S.

Patent Law 52

Patent Law Patent Law Litigation 52

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

Patently-O

JANUARY 24, 2022

In the Western District of Texas, this 100% assignment occurs in the Midland-Odessa division (assigned to Judge David Counts), the Pecos Division (also Judge Counts), the Del Rio Division (Judge Alia Moses), and—most importantly for patent law—the Waco Division (Judge Alan Albright).

Litigation 60

Litigation Patent Reporting Patent Law 60

Patently-O

SEPTEMBER 6, 2022

The law incentivizes whistleblowing — non-governmental folks (known as “qui tam relators”) can file the action on behalf of the U.S. government and will then receive a portion of any recovered damages (15-30% depending upon whether the Gov’t steps in to do the litigating).

Patent Law 61

Patent Law Law Patent Prosecution Patent 61

Patently-O

OCTOBER 27, 2021

few non-patent IP cases pending before the Supreme Court of some interest: Unicolors, Inc. 20-915 (referral of copyright litigation issues to copyright office) (this is the only one granted certiorari, oral arguments set for November 8, 2021); Ezaki Glico Kabushiki Kaisha v. . = = =. A H&M Hennes & Mauritz, L.P. ,

Patent Law 80

Patent Law Law Patent Settlement 80

Fish & Richardson Trademark & Copyright Thoughts

JULY 11, 2022

The Pharma Letter asked Ms Del Dotto, an intellectual property and life sciences litigation attorney, for an overview of changes made under the recent Orange Book Transparency Act, as well as an insight into potential exclusivity changes under consideration by the U.S.

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Patent Law Patent Branding Brands 90

The IP Law Blog

NOVEMBER 17, 2022

As a result, the Federal Circuit was not persuaded the “venue ruling implicates a ‘basic, unsettled, recurring legal issue [] over which there is considerable litigation producing disparate results,’ or similar circumstances that might warrant mandamus.”

Litigation 98

Litigation Patent Business Patent Infringement 98

The IP Law Blog

JUNE 30, 2023

A court denied Netflix’s request for GoTV Streaming to supply documents relating to the source of its patent litigation funding. Scott Hervey and Eric Caligiuri discuss this dispute on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel. Read more about this case here.

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Blogging Litigation Law IP 52

Patently-O

OCTOBER 4, 2021

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. 2021 Patently-O Patent Law Journal 34.

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Art Journalism Patent Law Invention 126

Patently-O

OCTOBER 4, 2021

Though patents filed before the transition date will remain in force up through March 2033, a good 10+ years away, teachers may also be wondering which regime to emphasize and for how long the pre-AIA rules will still be considered fundamental rather than footnote material. 2021 Patently-O Patent Law Journal 34.

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JD Supra Law

MARCH 3, 2023

In the Hatch-Waxman arena of patent litigation, the crisscross of patent laws and FDA regulations is always in play. 24, 2023), we see another iteration of this with respect to listing a method-of-use patent in the Orange Book. In the recent Federal Circuit decision in Jazz Pharmaceuticals, Inc.

Patent 98

Patent Patent Law Litigation Law 98

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 5, 2020

Fish & Richardson is pleased to announce that the firm has been named a “Law Firm of the Year” for Litigation – Intellectual Property in U.S. News & World Report – Best Lawyers ® “Best Law Firms” 2021 edition. Litigation – Patent. Patent Law. Technology Law.

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Intellectual Property Litigation Law Editing 40

Fish & Richardson Trademark & Copyright Thoughts

NOVEMBER 10, 2020

On October 17, China’s National People’s Congress (NPC) formally adopted a revised patent law that makes significant changes to that country’s legal framework for pharmaceutical patents. signed in January that aimed to incorporate aspects of American patent law into the Chinese legal system.

Patent Law 67

Patent Law Law Patent Prosecution Patent 67