2011, Invention and Patent Infringement - Intellectual Property Pulse

Op Ed: Reflections on the American Invents Act on its Tenth Year Anniversary

Patently-O

SEPTEMBER 15, 2021

Lee is vice president at Amazon Web Services and was the Undersecretary of Commerce and Director of the United States Patent and Trademark Office (2015-2017). She spent a decade at Google leading their patent team. .

Invention

Invention Intellectual Property Inventor Intellectual Property Law

De Forest Radio v. GE: A Landmark Supreme Court Decision on the Invention Requirement

Patently-O

APRIL 8, 2024

By Dennis Crouch In 1931, the United States Supreme Court decided a landmark case on the patentability of inventions, De Forest Radio Co. The case involved a patent infringement suit over an improved vacuum tube used in radio communications. Background The patent at issue, U.S. General Electric Co. , 571 (1931).

Invention

Invention Art Patent Television

Claim Construction Order Sets Stage for Moderna v. Pfizer Vaccine Patent Showdown

Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127. See Phillips v.

Patent

Patent Patent Infringement Copying Technology

Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case

SpicyIP

MARCH 7, 2024

This high-profile case revolves around allegations of patent infringement concerning two patents (“Suit Patents”), both relating to ‘Pertuzumab,’ a monoclonal antibody (Mab) biologic used in inhibiting tumor growth. For example in Australian law, Rule 23.15

Patent Infringement

Patent Infringement Litigation IP Intellectual Property

Users of Research Tools Take Note

Fish & Richardson Trademark & Copyright Thoughts

JUNE 4, 2021

Are research tools protected from patent infringement under the Hatch-Waxman safe harbor, section 271(e)(1)? [1] This, in effect, not only extended the patent’s term but also delayed introduction of competing products. [6]. 10,221,221 (“the ‘221 patent”). [10] Statutory Background. Elan Pharms.,

Invention

Invention Patent Marketing Marketing

Inventorship Correction Affirmed for Patent on Intermodal Container for Transporting Gaseous Fluids

Patently-O

MARCH 18, 2024

The district court agreed, finding their contributions were significant to the conception of the claimed invention. Under § 256, correcting inventorship requires comparing the alleged co-inventor’s contributions against the invention as claimed. 286, is specifically limited to remedies for infringement. Iolab Corp. ,

Patent

Patent Inventor Patent Infringement Design

Supreme Court on Patent Law: November 2023

Patently-O

NOVEMBER 29, 2023

Specifically, the Board found MacNeil was entitled to a presumption that its evidence of commercial success, long-felt need, and industry praise related to its WeatherTech® product reflective of the inventiveness of the claims of the ’186 Patent. 1, at 48 (2011). 101 as claiming only abstract ideas and no inventive concept.

Patent Law

Patent Law Law Patent Art

Covenant to not sue “at any time” terminated with the license agreement

Patently-O

FEBRUARY 29, 2024

Breadth of the Covenant : The Federal Circuit held that the plain language of the covenant not to sue in the License Agreement between AlexSam and MasterCard was extremely broad, covering not just potential patent infringement suits but also AlexSam’s breach of contract suit to recover unpaid royalties under the Agreement.

Licensing

Licensing Contracts Patent Law Patent

Third-party preissuance submissions

Larson & Larson

FEBRUARY 23, 2023

On September 16, 2011, President Obama signed the Leahy-Smith America Invents Act (“AIA”). Among the changes created by the AIA, a new system was put into place for the submission of prior art to the Patent Office prior to patent issuance.

Art

Art Confidentiality Patent Application Invention

When is the use of a product a “substantial noninfringing use” for purposes of Section 271(c)?

Patently-O

DECEMBER 11, 2023

By Chris Holman Sections 271(b) and 271(c) of the Patent Act form the statutory basis for the two forms of indirect patent infringement, induced and contributory, respectively. If the unlitigated patents are significant to damages, Kelley deserves an opportunity to defend against them. 35 U.S.C. § App’x 917 (Fed.

Patent

Patent Technology Litigation Reporting

Post-Default Creditor’s Right to Assign, License and Enforce Patent does not Disturb Patentee’s Separate Right to Sue Infringers

Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. Although not directly relevant for this case, The patent at issue, U.S.

Licensing

Licensing Patent Ownership Patent Infringement

From Saving the World to Fighting Over IP: Moderna and Pfizer/BioNTech

The IP Law Blog

NOVEMBER 3, 2022

and the wealthy countries, Moderna announced that it expected its competitors to respect Moderna’s intellectual property and that it would offer patent licenses on reasonable terms to those who asked. On August 26, 2022, Moderna sued Pfizer and BioNTech for patent infringement in the district court in Massachusetts.

IP

IP Intellectual Property Technology Publishing

From Saving the World to Fighting Over IP: Moderna and Pfizer/BioNTech

LexBlog IP

NOVEMBER 3, 2022

and the wealthy countries, Moderna announced that it expected its competitors to respect Moderna’s intellectual property and that it would offer patent licenses on reasonable terms to those who asked. On August 26, 2022, Moderna sued Pfizer and BioNTech for patent infringement in the district court in Massachusetts.

IP

IP Intellectual Property Technology Publishing

Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

IP includes any creation of the mind, including inventions, literary and artistic works, symbols, names, images, and designs, and various forms of IP protection cover these different categories. Patent Prosecution, Portfolio, and Strategic Patenting Considerations. Patent Trial and Appeal Board, and the U.S.

Intellectual Property

Intellectual Property Technology Journalism IP

Intellectual Property Pulse

Op Ed: Reflections on the American Invents Act on its Tenth Year Anniversary

De Forest Radio v. GE: A Landmark Supreme Court Decision on the Invention Requirement

Trending Sources

Claim Construction Order Sets Stage for Moderna v. Pfizer Vaccine Patent Showdown

Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case

Users of Research Tools Take Note

Inventorship Correction Affirmed for Patent on Intermodal Container for Transporting Gaseous Fluids

Supreme Court on Patent Law: November 2023

Covenant to not sue “at any time” terminated with the license agreement

Third-party preissuance submissions

When is the use of a product a “substantial noninfringing use” for purposes of Section 271(c)?

Post-Default Creditor’s Right to Assign, License and Enforce Patent does not Disturb Patentee’s Separate Right to Sue Infringers

From Saving the World to Fighting Over IP: Moderna and Pfizer/BioNTech

From Saving the World to Fighting Over IP: Moderna and Pfizer/BioNTech

Fish Principals Author Intellectual Property & Technology Law Journal Article, “Strategic IP Considerations of Batteries and Energy Storage Solutions”

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