Patent Infringement, Antitrust, and the Discovery Rule

IP Watchdog

On September 20, 2021, Judge John Robert Blakey in the Northern District of Illinois issued an opinion in a Walker Process patent fraud antitrust case denying defendants’ motion for summary judgment on their statute of limitations defense.

Patent Infringement in India

Biswajit Sarkar Copyright Blog

What is patent infringement? Patent infringement is the commission of a prohibited act in relation to a patented invention without the permission of the patent holder. What constitutes Patent Infringement? Types of Patent Infringement in India.

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Historic $130m+ Patent Infringement Award Against the United States of America

Intellectual Property Law Blog

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). Patent No.

[Audio] Willful Patent Infringement: Understanding and Preparing for Claims

JD Supra Law

courts apply in deciding claims for willful patent infringement and enhanced damages? What standard do U.S. Learn tips on how to avoid such damages, as well as a summary of the critical SRI International v.

How does Amazon resolve utility patent infringement claims?

Patent Trademark Blog

Does Amazon allow patent owners to file a claim for utility patent infringement against sellers? Yes, Amazon offers its own patent court for sellers to resolve utility patent infringement claims. Neutral Patent Evaluation is the name of the process to resolve Amazon utility patent infringement claims. How do you request an Amazon NPE for a utility patent? How is a neutral patent evaluator selected?

Little Guy Fighting Goliath—Sonos’s Victory Against Google in Patent Infringement

IPilogue

International Trade Commission which held that Google infringed on five of Sonos’ patents relating to smart speakers. The lawsuit began in January 2020, with Sonos alleging that Google violated its patents related to audio technologies and used them in products that undercut Sonos.

New Paris-Based Company Sued for Alleged Patent Infringement

Indiana Intellectual Property Law

Johnson claims it owns multiple utility and design patents including those at issue in this case, U.S. Patent Nos. 11,022,332 , 10,684,029 , 10,528,013 , 8,826,165 , 8,190,728 , D788,785 , D924,888 , D924,890 (collectively, “Asserted Patents”). New Litigation Patent Infringemen

Fishers-Based Formstack, LLC Sued for Alleged Patent Infringement

Indiana Intellectual Property Law

Patent No. 9,054,860 (the “‘860 Patent”) for a Digital Verified Identification System and Method. According to the Complaint, Formstack, LLC (“Formstack”), the Defendant, offers at least one Product, Formstack Sign, that infringes one or more claims of the ‘860 Patent.

Local Radio Networks LLC Sued for Alleged Patent Infringement

Indiana Intellectual Property Law

Patent Nos. 7,860,448 and 7,412,203 (the “Patents in Suit”). The Patents in Suit relate to methods and computer programs for localizing broadcast content and an apparatus for operating a broadcast network, respectively. New Litigation Patent Infringement

Judge Noreika Denies Plaintiff’s Motion for Preliminary Injunction in Patent Infringement Action

Delaware Intellectual Property Litigation Blog

claiming infringement of several claims of U.S. Patent Nos. 9,549,024 (“the ‘024 Patent”), 10,198,777 (“the ‘777 Patent”), and 10,116,616 (“the ‘616 Patent”). By Memorandum Order entered by the Honorable Maryellen Noreika in Vertigo Media, Inc. et al. Earbuds Inc.

Elanco Animal Health, Inc. Sued for Alleged Patent Infringement

Indiana Intellectual Property Law

Vaxxinova is the owner of three patents at issue, all entitled “Immunizing Compositions and Methods of Use,” U.S. Patent Nos. 8,282,941 , 7,943,150 , and 7,943,151 (collectively the “Patents in Suit”). New Litigation Patent Infringement

Michigan City Resident Sues Numerous Retailers for Alleged Patent Infringement

Indiana Intellectual Property Law

Cross, the Plaintiff is the owner of three design patents for convertible t-shirt designs, U.S. Patent Nos. D/580,633, D/581,136 , and D/341,471 (collectively, the “Patents in Suit”). due to settlement and a Patent Trial and Appeal Board decision regarding the ‘471 Patent.

Blizzard Can't Beat Networking Patent Infringement Suit

IP Law 360

on Wednesday, rejecting its attempt to escape a suit accusing it of infringing a networking patent A Texas federal judge denied a summary judgment bid from incoming Microsoft subsidiary Blizzard Entertainment Inc.

Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 2: Pleading Standards in Delaware

Intellectual Property Law Blog

December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement. Courts, however, have diverged in applying Iqbal and Twombly to patent cases.

Can Prisoners Sue for Patent Infringement?

Intellectual Property Brief

On August 20, 2020, the Federal Circuit held that patent owner Walter A. for patent infringement because Tormasi was barred from conducting business due to his status as a New Jersey inmate. Apparently, inmates do not have the right to sue to enforce their valuable patent rights.

What Took You So Long? District Court Denies Leave to Amend Patent Infringement Contentions Finding Plaintiff Didn’t Act Diligently

JD Supra Law

The United States District Court for the District of Massachusetts recently denied a motion by Philips North America seeking leave of the Court to amend its claims of patent infringement against Fitbit to include several additional products finding Philips did not act diligently.

Illumina Azidomethyl Blocker Patent Claims Invalidated in Patent Infringement Suit Against BGI Genomics

JD Supra Law

On November 30, 2021, a jury in the patent infringement suits between Illumina, Inc. District Court for the Northern District of California returned a verdict invalidating certain patent claims of Illumina's U.S. Patent No. 7,541,444 (the '444 Patent) and U.S.

Patent Infringement: Everything You Need To Know

Larson & Larson

Patent infringement encompasses unauthorized making, use, sale, or offering for sale any patented invention within the United States jurisdiction. That being said, here’s what you need to know about patent infringement. What Constitutes Patent infringement?

Federal Circuit Clarifies Standards for Willful Patent Infringement and Enhanced Damages

The IP Law Blog

Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance. In the original SRI case, the jury found that Cisco willfully infringed. Finding no willful infringement, the question of enhanced damages was moot.

Dear Patenticity: Infringed and Weighing a C&D Letter

JD Supra Law

Dear Patenticity, We recently found that an out-of-state competitor is infringing one of our patents. Perdiemco, where a patent owner sent a cease-and-desist letter and ended up being sued.

How are damages calculated in patent infringement cases?

IP Blog

Not only does patent infringement forestall individual innovation, but when occurring unimpeded on a broad scale, it also effectively puts entire markets into holding patterns. Patents IP management

Judge Andrews Grants Amazon’s Motion for Summary Judgment of Non-Infringement in Patent Infringement Action Claiming Infringement by Amazon’s Alexa Technology

Delaware Intellectual Property Litigation Blog

October 28, 2021), the Court granted Amazon’s Motion for Summary Judgment of Non-Infringement of U.S. Patent Nos. District of Delaware Intellectual Property Patent Infringement doctrine of equivalents Judge Andrews literal infringement summary judgment of non-infringement

Supreme People’s Court reaches first administrative decision on GUI design patent infringements

IAM Magazine

A fresh case reaffirms that the general principles employed in design patent infringement assessment also apply to GUI designs. International report

Federal Circuit Clarifies Standards for Willful Patent Infringement and Enhanced Damages

JD Supra Law

Willful patent infringement can result in enhanced, and in some case treble, damages but not in every instance.

Patent Infringement Suit Dismissed for Lack of Personal Jurisdiction

Indiana Intellectual Property Law

New Albany, Indiana – Chief Judge Tanya Walton Pratt for the Southern District of Indiana dismissed a patent infringement suit filed by Plaintiff, Eddie M. infringed on his U.S. Patent No.

Historic $130m+ Patent Infringement Award Against the United States of America

JD Supra Law

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint).

Peloton Beats Rival's Patent Infringement Suit

IP Law 360

A Texas federal judge dismissed, without prejudice, claims that Peloton is infringing two of its rival's patents, ruling Wednesday that the patents are abstract but stopping short of finding them ineligible under the U.S.

Atty DQ'd In Ford Patent Infringement Case In Delaware

IP Law 360

A Delaware federal judge has barred an attorney from representing himself in a patent infringement suit he filed against Ford, saying he must be disqualified because he is also likely to be called on as a material witness in the case

FCA upholds reconsideration decision maintaining $100M+ award against Apotex for cefaclor patent infringement

JD Supra Law

On July 23, 2021, the Federal Court of Appeal (FCA) dismissed Apotex’s appeal of the Federal Court’s (FC) reconsideration decision on the quantum of damages owed by Apotex for its infringement of eight Eli Lilly process patents related to the antibiotic cefaclor: Apotex Inc.

Can Automakers Use the Same Defenses to Software-Related Patent Infringement Suits?

JD Supra Law

While software and electronics companies can defend against such suits by attempting to invalidate software patents due to patent eligibility, automakers may find less success with this type of defense.

How the Shift to a Permanent Remote Workforce Can Impact Venue for Patent Infringement Lawsuits

JD Supra Law

The COVID-19 pandemic changed the way employers and employees viewed remote work. What was once a rare perk enjoyed by few became an everyday necessity almost overnight.

Supreme People’s Court reaches first administrative decision on GUI design patent infringements

IAM Magazine

A fresh case reaffirms that the general principles employed in design patent infringement assessment also apply to GUI designs. International report

Failed Startup Resurrected to File Patent Infringement Suits?

LexBlog IP

That’s the question posed by a recent spate of lawsuits brought against Apple and Google by Jawbone Innovations LLC alleging patent infringement on the part of the tech giants.

A Goldilocks Dilemma: What is the “Right Amount” When Pleading Patent Infringement Cases?

JD Supra Law

Addressing the issue of pleading requirements for patent infringement cases, the US Court of Appeals for the Federal Circuit clarified that patentees need not prove their case at the pleading stage on an element-by-element basis but can plead themselves out of court by presenting facts that are inconsistent with their infringement claims.

Federal Circuit Clarifies Standards for Willful Infringement and Enhanced Damages While Reinstating, Affirming-in-Part and Reversing-in-Part Findings and Awards Below by the District of Delaware in Patent Infringement Action

Delaware Intellectual Property Litigation Blog

1923, 1932, it did not intend to create a heightened requirement for willful infringement. The Federal Circuit clarified that “the concept of ‘willfulness’ requires a jury to find no more than deliberate or intentional infringement.”

District of Delaware Denies Defendants’ Motion for Judgment on the Pleadings in Patent Infringement Action

Delaware Intellectual Property Litigation Blog

By way of background, Plaintiff SIPCO is a research, development and technology company that was assigned various patents by its founder, T. On February 13, 2020, SIPCO advised defendant Aruba, a subsidiary of defendant Hewlett Packard Enterprise Company, in writing that, it infringed certain SIPCO patents through Aruba’s sale of certain products. Patent Numbers 8,335,304 (“the ‘304 patent”) (Count III) and 8,924,587 (“the ‘587 patent”) (Count IV).

Ericsson sues Apple for patent infringement as cross-licence deal expires

IAM Magazine

Swedish telco asserts patents against the iPhone maker in the Western District of Texas and at least one jurisdiction outside the US. News FRAND SEPs

Ericsson sues Apple for patent infringement as cross-licence deal expires

IAM Magazine

Swedish telco asserts patents against the iPhone maker in the Western District of Texas and at least one jurisdiction outside the US.

What you need to know about sending a patent infringement warning letter in China

IAM Magazine

Analysis Analysis: Legal Litigation Non-Practising Entities PatentsWith quintuple damages for wilful IP violations now available, putting parties on notice may well pay dividends - however, there are dangers too.

IP 83

Judge Noreika Denies Plaintiff’s Motion for Preliminary Injunction in Patent Infringement Action

JD Supra Law

claiming infringement of several claims of U.S. Patent Nos. 9,549,024 (“the ‘024 Patent”), 10,198,777 (“the ‘777 Patent”. By Memorandum Order entered by the Honorable Maryellen Noreika in Vertigo Media, Inc. et al. Earbuds Inc., Civil Action No. 21-120-MN (D.Del.

Historic $130m+ Patent Infringement Award Against the United States of America

LexBlog IP

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). Patent No.

The Use Of The Hatch-Waxman Safe Harbor In Patent Infringement Cases

JD Supra Law

The Utility of Patents and Infringement- Patent protection in the pharmaceutical industry is a very valuable tool used, not only to protect the property rights of a potential new drug, but also, to protect a potential revenue stream large enough to allow recovery of costs associated with the development of a drug.

Supreme Court Upholds, but Limits, Patent Infringement Defense of “Assignor Estoppel”

JD Supra Law

Supreme Court recently decided a case resolving a patent dispute between two medical device companies, Hologic, Inc. The U.S. and Minerva Surgical.