The IP Law Blog

OCTOBER 21, 2021

Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. Because the standard for finding willful infringement has traditionally been lower than that for enhancing damages, a finding of willful infringement does not guarantee an award of enhanced damages. Portec, Inc.,

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LexBlog IP

MARCH 5, 2023

Nu Tsai Capital, LLC, [2023-1146] (February 17, 2023), the Federal Circuit vacated a preliminary injunction against Lite-Netics patent-related speech, holding that the district court abused its discretion. Lite-Netics owns multiple patents on magnetic holiday string lights. Patent Nos.

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Patent Infringement Patent Intellectual Property Law Litigation 52

SpicyIP

OCTOBER 30, 2023

Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. Background The dispute started off as a heated battle between the parties over the plaintiff’s ‘Liquid Heating Vessels’ patent, which the plaintiff claimed was used by the defendant in its electric kettles.

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The IP Law Blog

NOVEMBER 17, 2022

In patent infringement cases, venue is proper under 28 U.S.C § 1406(a) where either (1) the company accused of infringement is incorporated or (2) where the company has committed acts of infringement and has a “regular and established place of business.” may have reopened that question. may have reopened that question.

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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.

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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.

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The IP Law Blog

MAY 11, 2023

In 2018, United Cannabis Corporation (“UCANN”) sued Pure Hemp Collective (“Pure Hemp”) for infringement of U.S. 9,730,911 (the “‘911 patent”), entitled “Cannabis Extracts and Methods of Preparing and Using the Same. UCANN filed for bankruptcy in 2020, which stayed the litigation. The stipulation made no mention of attorney fees.

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JD Supra Law

NOVEMBER 14, 2022

In China, we indeed have estoppel doctrine, but it is not provided in the Patent Law. However, in the Judicial Interpretations of the Supreme People's Court (SPC) about hearing the patent infringement litigation, the estoppel doctrine has been stipulated many times. By: Linda Liu & Partners

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SpicyIP

JULY 25, 2023

While several intellectual property rights battles are being fought over the mRNA platform, a key question that remains unaddressed is whether and to what extent mRNA is patent eligible. Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Is Messenger RNA Patent-Eligible?

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Patently-O

FEBRUARY 23, 2022

In our new paper, The Truth About Design Patents , we debunk three widely held—but incorrect—views about U.S. design patents. Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation.

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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? Pursuant to appeal of that decision, however, the United States Court of Appeals for the Fifth Circuit has now addressed the photonegative question in HTC Corp.

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Patently-O

AUGUST 1, 2023

by Dennis Crouch The law of appellate jurisdiction routes almost every patent appeal to the Court of Appeals for the Federal Circuit. patent laws. SAP responded with denials and also added patent infringement counterclaims. The court’s recent decision in Teradata Corp. SAP SE , 22-1286 (Fed.

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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.

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Patently-O

JULY 5, 2021

Recent Headlines in the IP World: John Power: Government of Canada Announces New Independent Regulator for Patent and Trademark Agents (Source: CISION). Mikey Campbell: Apple Seeks to Halt Latest VoIP-Pal Patent Infringement Litigation (Source: Apple Insider). Contreras: Shepardizing Patents (Source: SSRN).

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Patently-O

JANUARY 11, 2022

Prior to 1891, appeals in patent cases went directly to the Supreme Court, and the Court decided lots of patent cases. In 1891, Congress created the regional circuit courts of appeals as a buffer between the trial courts and the Supreme Court and the number of high-court patent cases began to fall. 364 (1948). 238 (1944).

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Patently-O

DECEMBER 30, 2021

Constitution generally requires due process, and particularly protects litigants’ rights to a jury trial in common law cases. One quirk–the right to a trial by jury does not cover issues-of-law, and only extends to some issues-of-fact. Patent Law at the Supreme Court December 2021.

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LexBlog IP

MARCH 27, 2023

Patent owners worry about what they can and cannot publicly say about infringement of their patent rights. Accused infringers may believe that certain public statements by patent owners are actionable on the basis that such statements interfere with business, are defamatory, or both. Patent Nos. Patent Nos.

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IP Watchdog

NOVEMBER 2, 2022

Court of Appeals for the Federal Circuit (CAFC) decision upholding a Patent Trial and Appeal Board (PTAB) finding of unpatentability. Three amici filed briefs last week in Jump Rope System’s petition asking the U.S. Supreme Court to review a U.S.

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Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). The district court denied all the claims pre-trial.

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The IP Law Blog

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Design patents protect only the appearance of the article, not any aspect of functionality. 35 USC section 171.

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Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

In Thaler , the Court confronted, analyzed and answered the question of “can an artificial intelligence machine be an ‘inventor’ under the Patent Act?” After analyzing the plain statutory language of the Patent Act and the Federal Circuit authority, the Court held that the “clear answer is no.” at *17-18.

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The IP Law Blog

MARCH 16, 2023

I recently wrote about the patent infringement lawsuit filed by Moderna against Pfizer/BioNTech over the COVID-19 vaccine. In its complaint filed in federal district court in Boston last August, Moderna alleged that Pfizer/BioNTech infringed three of Moderna’s patents in developing the Pfizer/BioNTech COVID-19 vaccine.

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Patently-O

DECEMBER 5, 2022

Back in 2021, Bel Power sued Monolithic for patent infringement in Waco Texas. Dennis Crouch, Remote Work and Patent Venue , Patently-O (Sept 30, 2022). Proper venue is rarely a big deal these days in Federal Litigation. But, patent law is different. Patents at issue: U.S. Patent Nos.

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Patently-O

OCTOBER 26, 2022

Patent Nos. There has been massive infringement since her patents issued 10-12 years ago. Financing an infringement lawsuit is a bit tricky, especially for a total-startup (micro entity) in a fairly small market. 7,789,809 and 8,136,208. Jump Rope Systems, LLC v. Coulter Ventures, LLC , 18-cv-731 (S.D. ” XY, LLC v.

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More Than Your Mark

NOVEMBER 30, 2018

Patentability. The position of the United States Patent and Trademark Office (USPTO) on trademarks for cannabis-related goods and services is discussed in my colleague’s blog post, “ Trademark Registration for Cannabis Trademark Owners a Legal Haze.”. In short, a substance’s Schedule I classification is irrelevant to its patentability.

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The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. For clarity, this covenant not to sue includes, but is not limited to, patent infringement litigations, declaratory judgment actions, patent validity challenges before the U.S.

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The IP Law Blog

MARCH 26, 2021

The validity of a United States patent can be challenged in federal court litigation. Patents can also be challenged in the U.S. Patent and Trademark Office, which, in most cases, is a quicker and less costly process. In IPRs and PGRs, anyone except the patent owner may file a petition to challenge the patent.

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The IP Law Blog

MAY 7, 2021

285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.” . As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.”

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Patently-O

FEBRUARY 29, 2024

Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” And, even though the subject matter of the lawsuit is a patent license, that sort of case is ordinarily not seen as “arising under” the U.S. patent laws.

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Patently-O

AUGUST 19, 2022

Par had listed two patents in the Orange Book as covering its product and so, as required, Eagle’s ANDA included a Paragraph IV certification that the two patents were either (1) invalid or (2) would not be infringed. Both Par patents include a pH requirement: “wherein the unit dosage form has a pH of 3.7-3.9.”

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IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

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Patently-O

JULY 8, 2022

David Tropp sued Travel Sentry for patent infringement back in 2006. That was the same year that I first taught a patent law class. Back then, eligibility was almost an unknown concept in patent litigation. The rule of thumb was “anything under the sun, made by man,” and I mean ANYTHING.

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Patently-O

OCTOBER 11, 2021

In the case of a discretionary denial, there is no harm to patentees because the proceeding ends and the patent rights are unaffected; the status quo is maintained. In the Fifth Circuit, the USPTO filed a motion to dismiss the appeal–arguing that the case arose under the patent laws and therefore should go to the Federal Circuit.

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The IP Law Blog

NOVEMBER 18, 2021

District Court for the Northern District of California, the Court upheld the Patent Trial and Appeal Board’s (PTAB) practice of denying patent reviews due to looming trials in district court. An IPR functions similar to a civil litigation once instituted. Under the America Invents Act (AIA), 35 U.S.C. § 100 et seq. ,

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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. Ashley received her J.D.

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Patently-O

SEPTEMBER 8, 2022

The crux of the decision is as follows: [T]he district court read our precedent as applying a bright-line rule that patent infringement notice letters and related communications can never form the basis for personal jurisdiction. Personal Jurisdiction as Not Patent Law Specific. ” Apple Inc.

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