article thumbnail

Decoding Patent Ownership beginning with Core Principles

Patently-O

Core developed the patented invention “entirely on [his] own time” under his employment agreement. The majority opinion written by Judge Taranto and joined by Judge Dyk held the contract language was ambiguous on this point and remanded for further factual development to determine the parties’ intent.

article thumbnail

A present assignment of future continuation applications

Patently-O

The decision is lacking though because the court does not ground its decision in any particular contract or property tradition. Although it did not state directly, the court appears to have based its contract interpretation on federal patent law as it has done in prior cases. MLB Advanced Media, L.P., 3d 1284 (Fed.

Insiders

Sign Up for our Newsletter

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

article thumbnail

Guest Post by Prof. Contreras: HTC v. Ericsson – Ladies and Gentlemen, The Fifth Circuit Doesn’t Know What FRAND Means Either

Patently-O

In 2005 HTC released the world’s first Windows 3G smartphone (the clamshell HTC Universal) and followed in 2008 with the first smartphone running Google’s Android operating system (branded as the T-Mobile G1). Ericsson and HTC entered into three such licensing agreements in 2003, 2008 and 2014. Judge Higginson disagreed. concurring).

article thumbnail

Fifth Circuit Affirms That Ericsson’s Offers to HTC Complied With ETSI FRAND Commitment (HTC v. Ericsson)

LexBlog IP

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. law without reference or comparison to French contract law.

article thumbnail

[Guest Post] Monsanto’s conspicuous African cotton patent

The IPKat

Between 2008-2015, the technology was upscaled to 70 percent of the Burkinabe cotton areal. Just by contracting with AICB, Monsanto could capture the cotton areal. a Annex X 1999 Bangui Agreement) have not been extended to patents. Eventually, Burkina Faso granted Monsanto permission to introduce Bt cotton in Burkinabe fields.

Patent 73
article thumbnail

Intellectual Property Rights in the Age of Artificial Intelligence: Navigating Challenges and Seizing Opportunities

IIPRD

Patent law The term “inventor” is not explicitly defined in the Indian Patent Act 1970. Image Sources: Shutterstock] The term ‘inventor’ is not explicitly defined in the Indian Patent Act 1970. however, section 6 of the Patent Act talks about who is eligible to file the patent. 6] Thaler V Vidal, No.

article thumbnail

Fish & Richardson Elevates 15 Attorneys to Principal in Class Distinguished by Diversity of Background and Experience

Fish & Richardson Trademark & Copyright Thoughts

Sara’s IP litigation experience includes both patent litigation and trade secret misappropriation litigation, which often also include various associated breach of contract and business torts. from the University of Georgia School of Law and was the senior notes editor of the Journal of Intellectual Property Law.