LexBlog IP

AUGUST 31, 2021

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. Jury Instructions.

Licensing 52

Licensing Contracts Law Patent Law 52

Patently-O

FEBRUARY 24, 2022

20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. and (2) Is eligibility a pure questions of law (based upon the claims); or does it also involve a “question of fact for the jury based upon the state of the art at the time of the patent?” Neapco Holdings LLC, et al. ,

Patent Law 95

Patent Law Law Patent Litigation 95

Technology & Marketing Law Blog

OCTOBER 5, 2021

Tanner commented “this guy sucks,” but the post “contained no profanity, and it was on topic with the substance of the post.” The jury held that Tanner’s comment wasn’t deleted because of his views (instead, it’s because he expressed the views using the word “sucks”). .”

Social Media 106

Social Media Government Designs Design 106

Patently-O

SEPTEMBER 26, 2022

Topics: Enablement / Written Description (All three are biotech / pharma): 3 Cases; Infringement (FDA Labeling): 1 Case; Anticipation (On Sale Bar): 1 Case; Double Patenting (Still the law?) The jury had originally sided with GSK — finding infringement. Wade was good law before being overturned by the Court last term.

Patent Law 126

Patent Law Law Patent Invention 126

Trading Secrets

JUNE 3, 2022

This blog post summarizes some of the significant decisions grouped by the hot topics below. 2021), the Ninth Circuit reversed a $60 million verdict on the grounds that the district court should not have ignored the plain language in an NDA providing that confidentiality obligations would terminate after two years. Thanoo , 999 F.3d

Law 59

Law Confidentiality Designs Design 59

Patently-O

NOVEMBER 11, 2022

The scope afforded to chemical genus claims under 35 USC § 112(a)’s enablement and written description requirements has been hot topic recently (at least in certain quarters). The district court overturned the jury verdict with respect to enablement, but denied a motion for JMOL with respect to written description.

Inventor 49

Inventor Invention Patent Reporting 49

LexBlog IP

NOVEMBER 11, 2022

million verdict against Ford Motor Co. delivered by a Michigan federal jury for the breach of its contract with Versata Software and the misappropriation of Versata’s trade secrets. The jury found that after off-ramping Versata, Ford improperly reverse engineered the software for its own use. The jury awarded $22.39

Cease and Desist 40

Cease and Desist Journalism Blogging Government 40

LexBlog IP

DECEMBER 15, 2022

In the culmination of a nearly-decade long dispute, the Sixth Circuit affirmed the verdict and several rulings by the district court about the viability of trade secrets arising from the collective research for those broccoli seeds. And while we’re on the topic of an opinion covering multiple interesting trade secret issues, the U.S.

Blogging 52

Blogging IP Confidentiality Intellectual Property 52

Technology & Marketing Law Blog

JANUARY 18, 2022

Students: this post surfaces numerous potential paper topics. 2421A(b) (which we focus on in this report); and the defendant’s motion for judgment of acquittal as to two of the counts, including the alleged § 2421A(a) violation, was granted by the judge, and these counts were therefore not submitted to the jury for a verdict.”].

Blogging 119

Blogging Reporting Publishing Law 119

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

The letter discusses the BPCIA and the Hatch-Waxman Act frameworks (for small molecule drugs) and sets forth several topics for USPTO’s consideration and further discussion: engagement between FDA and USPTO to increase efficiencies, possible misuse of the patent system (e.g., A jury trial is set for July 11, 2022. Genentech v.

Litigation 52

Litigation Settlement Patent Marketing 52