Importers Beware! Burden Shifting in Patent Infringement Cases

IP Watchdog

Most companies are aware of the potential patent infringement liability for sales made in the United States but may not know that liability for infringing a U.S.

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.

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Arbutus and Genevant Sue Moderna in First Significant Patent Infringement Lawsuit in the mRNA Space

IP Watchdog

In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. The plaintiffs have alleged that Moderna infringed U.S. Patent Nos.

Design patent infringement: What is a substantially similar appearance?

Patent Trademark Blog

What is the design patent infringement test? The test for design patent infringement involves a visual comparison between the patented design and the accused product. Does the accused product have to include the point of novelty in order to infringe?

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.

Federal Circuit Affirms Dismissal of “Process Automation” Patent Infringement Suit

JD Supra Law

On March 15, 2022, the Federal Circuit affirmed the Eastern District of Texas’s dismissal of a patent infringement complaint because the asserted patent claims were directed to process automation and therefore not eligible for patent protection under 35 U.S.C. §

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?

Apple Beats Wireless Tech Patent Infringement Suit

IP Law 360

Apple defeated a headphone company's claims that Airpods and Beats headphone products infringe a pair of its patents, after a California federal judge ruled Wednesday that the accused products don't employ the "unique user code" described in the patents

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

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.

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

Netsoft Holdings, LLC Sued for Alleged Patent Infringement

Indiana Intellectual Property Law

Patent No. 9,261,365 (the “‘365 Patent”). The ‘365 Patent is titled “Device, System and Method for Remotely Entering, Storing and Sharing Addresses for a Positional Information Device.” New Litigation Patent Infringement

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.

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.

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.

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.

Software Companies Sued For Patent Infringement May Seek Speedy Dismissals

JD Supra Law

Patent infringement litigation can be expensive, last multiple years, and be a huge distraction for a company’s efforts in the marketplace. The Rocket Science Group, LLC provides an example of strategies software companies may use to obtain early dismissals of patent infringement.

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.

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.

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.

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?

Rowing Machine Design Patent Infringement Battle Kicks Off in Delaware

JD Supra Law

manufacturer of the Hydrow Rower, brought a design patent infringement and trade dress infringement action against iFit Health & Fitness (formerly Icon Health & Fitness) in the District of Delaware. On February 14, 2022, Hydrow, Inc.,

CAFC Clarifies Experimental Use Exception, Reduces Damages in Partial Reversal of Sunoco Patent Infringement Win

IP Watchdog

On April 29, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed in part, reversed in part, vacated in part, and remanded a decision of the United States District Court for the Northern District of Illinois regarding alleged infringement by U.S. Patent Nos.

Tips For Avoiding Cannabis Patent Infringement Lawsuits

IP Law 360

Cannabis companies can be proactive in addressing potential patent infringement issues at the front end with tactics ranging from clearances to inter partes review in order to avoid expensive consequences that competitors have recently suffered, including product exits, says Patrick Muffo at Seyfarth

[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.

Foodtech Pioneer Impossible Foods Sues Competitor Motif for Patent Infringement

JD Supra Law

The food tech industry has been rapidly growing in recent years with the rise in popularity of alternative (“alt-“) animal products. Such alt-animal products typically consist of non-animal (e.g.,

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.

Judge Stark Denies Defendants’ Motion to Dismiss Plaintiff’s First Amended Complaint in Patent Infringement Action Claiming Defendants’ Lung Cancer Diagnostic Test Product Infringes Plaintiff’s Patent Technology

Delaware Intellectual Property Litigation Blog

March 14, 2022), the Court denied defendants’ motion to dismiss plaintiff’s first amended complaint asserting claims of patent infringement against defendants arising from defendants’ lung cancer diagnostic test product. Patent Nos.

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.

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.

Companies Performing Financial Transactions Stuck in GUI Design Patent Infringement Cases

JD Supra Law

Earlier this month, ten of the world’s largest companies were accused of infringing design patents claiming animated graphical user interfaces (GUIs). These assertions were made in addition to at least ten other lawsuits filed since September 2021 asserting animated GUI design patents.

UK Court of Appeal rules on the rights of licensees to bring patent infringement claims

JD Supra Law

The Court of Appeal ruled that an exclusive licensee has standing to bring patent infringement claims even where the scope of its exclusivity is limited.

Avoiding Willful Patent Infringement In Freedom-To-Operate

IP Law 360

When asked about their biggest concerns regarding the freedom-to-operate process, many patent practitioners would likely cite the risk of willful infringement, but based on recent case law there are six best practices to reduce that risk, says Gabe Sukman at ClearstoneIP

Law 63

Employee/Officer Held Personally Liable for Patent Infringement

JD Supra Law

Chung, the Federal Circuit held corporate officers and employees who actively assist with their corporation’s infringement may be personally liable for inducing infringement even without any piercing of the corporate veil. In Lubby Holdings LLC v.

Arbutus and Genevant Sue Moderna in First Significant Patent Infringement Lawsuit in the mRNA Space

JD Supra Law

In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc.

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.

Apple Wants Out Of Wireless Tech Patent Infringement Suit

IP Law 360

Apple wants a California federal judge to put an end to a wireless headphone company's claims that Airpods, Airpods Pro and Beats products infringe a pair of its patents, saying the company's argument around user codes "dooms" the case

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

Speculative Allegations Regarding Operation of Accused Website Doom Patent Infringement Complaint

JD Supra Law

A judge in the Northern District of Georgia has granted a defendant’s motion to dismiss a patent infringement case for failure to state a claim under Rule 12(b)(6).