SCOTUS to Consider Granting Centripetal’s Cert Petition in Patent Infringement Qua Judicial Recusal Case

IP Watchdog

What began as a patent infringement case has swerved into judicial ethics waters, due to the ruling of the Federal Circuit Court of Appeals. Patent and Trademark Office (USPTO). The U.S.

Google sues Sonos for Patent Infringement – Again

IPilogue

In the latest development in the global patent wars between Google and Sonos, Google has sued Sonos, having filed two suits in the United States District Court for the Northern District of California on August 8, 2022. Neither company has a history of using patent laws offensively.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

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.

SCOTUS to Consider Centripetal’s Cert Petition in Patent Infringement Qua Judicial Recusal Case

IP Watchdog

What began as a patent infringement case has swerved into judicial ethics waters, due to the ruling of the Federal Circuit Court of Appeals. Patent and Trademark Office (USPTO). The U.S.

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.

Metaverse: Patent Infringement in Virtual Worlds

JD Supra Law

If patent holders want to exclude others from using their invention, then they need to keep an eye on the marketplace to spot infringers.

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.

Harper Trucks Inc. Sues Competitor for Alleged Patent Infringement

Indiana Intellectual Property Law

The United States Patent and Trademark Office issued Patent No. 10,864,933 (“933 Patent”) entitled “Four Position Hand Truck” to Harper on December 15, 2020. Therefore, Plaintiff is seeking damages for Patent Infringement in violation of 35 U.S.

"objectively baseless" patent infringement claims can constitute tortious interference/defamation

43(B)log

27, 2022) A rare tortious interference/business defamation case that results in a preliminary injunction (converted from a TRO), based on claims of patent infringement made to plaintiff’s customers. This requires that infringement claims be objectively baseless.

Moderna sues Pfizer for mRNA Patent Infringement: when optics and profits reveal real issues in modern IP law usage

IPilogue

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016.

Supreme Court of Canada affirms record-setting $645M patent infringement award in Dow v Nova

JD Supra Law

In an 8-1 majority ruling released today, the Supreme Court of Canada (SCC) has affirmed the record-setting $645M patent infringement award in Dow v Nova.

PUMA Sues Competitor for Alleged Trademark and Patent Infringement

Indiana Intellectual Property Law

PUMA also alleges that the Brooks shoe the “Aurora BL” infringes upon their Design Patent No. D897,075 and is being sold in connection with the infringing use of PUMA’s NITRO mark. 1114 and Design Patent Infringement in violation of 35 U.S.C. § § 271 and 283.

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. §

Detecting AI patent infringement

IAM Magazine

Co-published – There is often an assumption that reverse engineering of machine learning models is not possible, however that does not need to be the case

Detecting AI patent infringement

IAM Magazine

Co-published – There is often an assumption that reverse engineering of machine learning models is not possible, however that does not need to be the case. Analysis Co-published

New Chinese Administrative Forum, CNIPA, Issues First Patent Infringement Decisions Against Generic Drug Makers

JD Supra Law

The China National Intellectual Property Administration, a newly established administrative authority on patent infringement disputes, recently issued its first decisions, addressing questions many companies had on the practical availability of the administrative enforcement proceeding.

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?

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

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.

Supreme Court Clarifies Accounting of Profits Remedy in Patent Infringement Cases

JD Supra Law

On November 18, 2022, the Supreme Court of Canada (“SCC”) released its decision in Nova Chemicals Corp v Dow Chemical Co (2022 SCC 43).

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

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.

Peloton, Lululemon and Nike Patent Infringement Lawsuits: Practical Intellectual Property Considerations

IPilogue

In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings.

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.

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.

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.

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.

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.

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?

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.

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.

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.,

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

7 Key Takeaways For Litigating Willful Patent Infringement

IP Law 360

Cisco Systems decision, and six other areas recent parties have focused on when litigating willful infringement in the latest case law Brian Nolan and Manuel Velez at Mayer Brown explore the impact of the Federal Circuit's 2021 SRI International v.

Law 52

The Scope of Comparison Prior Art in Design Patent Infringement

Patently-O

2022) raises a number of important design patent law questions, including an issue of first-impression of the scope of “comparison prior art” available for the ordinary observer infringement analysis under Egyptian Goddess, Inc. Columbia’s Design 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.

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.