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U.S. Taxpayers Should Not Be Paying for Private Patent Infringement

IP Watchdog

For well over a year, Senator Elizabeth Warren (D-MA) and some members of Congress have engaged in a campaign to urge the Health and Human Services Secretary Xavier Becerra to break patents on pharmaceuticals to lower drug prices by invoking a century-old statute, Title 28 of the U.S.

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Pharma Companies, U.S. Government Spar Over Application of Section 1498 to Patent Infringement Claims Against Moderna’s COVID-19 Vaccine

IP Watchdog

government’s recent statement of interest filed in a patent infringement suit against Moderna’s COVID-19 vaccine. patented invention. 1498, the statute governing remedies for patent infringements by government use. On March 2, U.S. District Judge Mitchell S.

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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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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.

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AI Developing Software Companies Litigate Over Patent Infringement

Indiana Intellectual Property Law

DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement. According to the Complaint, DSI’s software includes numerous technological improvements that were captured in a family of patent applications.

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Patent infringement advice

Larson & Larson

As a business owner, it’s important to be aware of the potential for patent infringement. A patent is a legal document that grants the holder the exclusive right to make, use, and sell an invention for a certain period of time. This means that if someone else uses your patented invention without your permission, they could be infringing on your rights. When it comes to patent infringement, there are a few key things to keep in mind.

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COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues

SpicyIP

COVID-19 Vaccine Patent Infringement? In their initial August 2022 complaint , Moderna alleged that three of its mRNA patents were infringed by Pfizer/BioNTech. However, the list is an evolving one, and, as it happens, one of three patents at issue, i.e., patent no.

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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.

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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.

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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.

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Analysing Amazon’s Strategic Approach to Tackle Patent Infringement

IIPRD

In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. Amazon often face patent violations with its increasing customer base and involvement of third-party seller.

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AuthWallet sues financial transaction industry for patent infringement

JD Supra Law

Earlier, AuthWallet sued credit card processors for infringing different patents on similar technology. AuthWallet brought suit against Amarillo National Bank, Cullen/Frost Bankers, Inc., Fiserv, Inc. in the Western District of Texas on February 22, 2023.

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“As Seen On TV” Corporation Sues Competitor for Patent Infringement

Indiana Intellectual Property Law

for patent infringement. TeleBrands holds several patents related to the design and construction of expandable garden hoses, including US10174870 and US10890278 both titled “Expandable and Contractible Garden Hose.” Vieneci is accused of patent infringement in violation of 35 U.S.C. § Attorney's Fees Litigation Patent InfringementIndianapolis, Indiana –The Plaintiff, TeleBrands Corporation , filed suit against Plaintiff, Vieneci Garden, Inc.

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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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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?

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PACid sues major financial institution for patent infringement for user authentication technology

JD Supra Law

Patent Nos. PACid Technologies, LLC sued a major financial institution (the “Bank”) on March 7, 2023. The suit is pending in the Western District of Texas – Austin Division. PACid alleges it owns U.S.

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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

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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

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A Free Speech Right to Accuse Others of Patent Infringement

Patently-O

Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust. Patent Nos. And, in addition, Light-Netics sent a notice to various light stores warning them that HBL lights were infringing. Patent

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Vandor Group Inc. Files Patent Infringement Lawsuit Against Batesville Casket Company

Indiana Intellectual Property Law

Batesville”), for patent infringement. Batesville is accused of patent infringement against Patent No.’s Plaintiff is requesting a judgment that the Defendants willfully infringed upon Plaintiff’s patents, injunctive relief, damages together with interest and costs under Lanham Act 35 U.S.C. § Attorney's Fees Damages Injunction Patent InfringementRichmond, Indiana –The Plaintiff, Vandor Group, Inc.

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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.

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"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.

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Lack of Detail Dooms Patent Infringement Complaint Involving Complex Technology

JD Supra Law

A recent decision from the District of New Jersey serves as a reminder to practitioners that the level of detail required to adequately plead patent infringement will depend on factors such as the complexity of the technology involved, and the materiality of particular claim elements to the infringement analysis. By: Saiber LLC

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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.

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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.

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Indiana’s Leading Truck Equipment Supplier Sued for Alleged Patent Infringement

Indiana Intellectual Property Law

a/k/a Meyer Truck Equipment (“Meyer”) for Patent Infringement. They own multiple utility patents, including those at issue in this case, U.S. Patent Nos. US9272667 , US9527449 , US9511717 , and US11198395 (collectively, “Asserted Patents”). Continue reading Attorney's Fees Damages Intellectual Property Law Litigation Patent InfringementEvansville, Indiana –The Plaintiff, Lund Motion Products, Inc.

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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. §

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Application of Obstruction of Evidence Production Rule in Patent Infringement Disputes (II)

JD Supra Law

III. Application of Obstruction of Evidence Production Rule in Patent Infringement Judgment - In the practice of patent infringement disputes, especially the infringement cases involving manufacturing equipment and BtoB infringement, it is also a common problem for right holders to prove patent infringement. By: Linda Liu & Partners

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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.

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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.

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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.

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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.

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Supreme Court of China casted punitive damages upon post-settlement-agreement repeated patent infringement

The IPKat

In the fight against intellectual property rights (IPRs) infringements, China does not consider punitive damages as a taboo. During the validity period of the patent, one of the two defendants,** ‘Baijia store’, sold Jin’s patented products without permission.

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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?

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Weeding out cannabis patent infringement claims

JD Supra Law

On August 6, 2021, Gene Pool sued Coastal for allegedly infringing three of Gene Pool’s patents (US 9,144,751, US 9,145,532, and US 9,587,203) covering certain methods for extracting essential oils from solid materials. Gene Pool Technologies, Inc.

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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.

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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

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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

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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.

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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

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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.

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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

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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.