Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Ridge Wallet LLC , — F.4th 4th — (Fed.

Art 124

Art Branding Branding Brands 124

Patently-O

FEBRUARY 23, 2022

We also looked at design patent outcomes in the International Trade Commission and the UPSTO Patent Trial and Appeal Board. For the period of 2011–2020, ITC determinations about validity upheld the patent 95% of the time and invalidated only 5%.

Design Patent 134

Design Patent Designs Design Patent 134

JD Supra Law

AUGUST 31, 2021

Since the Supreme Court approved the Federal Circuit’s formulation in 2011, the words necessary to effectuate an assignment of intellectual property from an employee to an employer has been clear. 776 (2011). of Trustees of Leland Stanford Jr. 3d 832, 842, aff’d, 563 U.S.

Patent Infringement 52

Patent Infringement Intellectual Property Patent Law 52

Patently-O

OCTOBER 30, 2022

These appear to be the first—and certainly the first precedential—Federal Circuit cases dealing with the merits of one of the numerous “Schedule A” design patent cases that have been filed in recent years in the NDIL. Sometimes they don’t even file the patent number publicly. That’s not how design patent infringement works.

Design Patent 98

Design Patent Designs Design Art 98

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 59

Patent Infringement Litigation IP Intellectual Property 59

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.

Patent 97

Patent Patent Infringement Copying Technology 97

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 131

Invention Intellectual Property Inventor Intellectual Property Law 131

Patently-O

AUGUST 17, 2022

Out of the 12,225 appeals docketed between 2000 and 2011, 977 show up on this list (about 8%). But there’s a good chance that if you had an appeal in a patent infringement case that resulted in an opinion or Rule 36 affirmance between 2000 and 2011, it’s on the court’s list.

Confidentiality 61

Confidentiality Patent Infringement Patent 61

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Newly promoted principals for 2022 are: Michael Ballanco focuses his practice on all aspects of patent infringement matters at the trial and appellate level. in biology and society from Cornell University in 2011. Louis in 2011, and his B.S. Michael’s College in 2011. He received his J.D., She received her J.D.

Due Diligence 59

Due Diligence Patent Prosecution Litigation Intellectual Property 59

Patently-O

AUGUST 19, 2022

In order to facilitate resolution of brand-generic patent conflict, the Patent Laws include a form of paper infringement–a legal fiction that simply filing an ANDA and Paragraph IV certification counts as a form of patent infringement. ” In re Brimonidine Patent Litig., 3d 1366, 1378 (Fed.

Branding 87

Branding Brands Branding Marketing 87

IP Tech Blog

AUGUST 18, 2023

This is the first patent linkage litigation in China since the establishment of the patent linkage system. Chugai was the patentee and marketing authorization holder of Eldecalcitol Soft Capsules for treating osteoporosis, which first launched in Japan in 2011 and was later approved by China’s NMPA in 2020.

Litigation 98

Litigation Patent Intellectual Property Branding 98

Greenspoon Marder LLP

SEPTEMBER 20, 2012

In April 2011, Apple Inc. filed its patent infringement lawsuit against Samsung demanding $2.5 They also said that Samsung did not violate any of Apple’s patents in designing the company’s smart phones. By: Sharon Urias, Esq. billion from its smart phone competitor.

Patent Infringement 52

Patent Infringement Branding Brands Branding 52

SpicyIP

MAY 8, 2022

We’re pleased to bring to you a guest post by Eashan Ghosh on the treatment of prosecution history in trade mark infringement proceedings. Eashan has been practicing as an intellectual property advocate and consultant in New Delhi since 2011, and teaches a seminar on intellectual property law at National Law University, Delhi.

Intellectual Property 122

Intellectual Property Intellectual Property Law Registration Law 122

Technology & Marketing Law Blog

MARCH 7, 2022

b)(4)(i)(A) (2011). Note, however, that EH101 was not one of the confined designs, so that it was made available to the public in January 2011.). 574 (2011). The same language is now found, with only minor changes, at 37 C.F.R. b)(4) (2021).] 3d at 1196. 3d at 1196. See Global-Tech Appliances, Inc. SEB S.A. ,

Registration 98

Registration Blogging Copyright Designs 98

Patently-O

MARCH 18, 2024

Campbell filed a provisional application in 2011 and a non-provisional in 2012 that eventually issued in 2016. The Patent Act includes a 6-year statute of limitations, but as written it only applies to cut-off recovery for patent infringement — and does not apply to lawsuits to correct inventorship.

Patent 59

Patent Inventor Patent Infringement Designs 59

Patently-O

APRIL 10, 2022

Writing in dissent, Judge Newman would have found that Meso did not have an exclusive license in the patents, and therefore Roche was not liable for either direct or induced infringement. The decision raises interesting issues relating to induced patent infringement and the interpretation of a licensing provision.

Licensing 58

Licensing Technology Patent Patent Infringement 58

LexBlog IP

JULY 26, 2022

At this point, Gamevice hired a new law firm that proceeded to litigate the same three patents that Gamevice had already lost on at the ITC, raising the question of whether this is zealous advocacy or frivolous litigation. Nintendo moved for Rule 11 sanctions. ” iLor, LLC v. Google, Inc., 3d 1372, 1378 (Fed. Texas Instruments Inc.

Litigation 52

Litigation Patent Infringement Patent Law 52

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. 57, 111 (2011). General Electric Co. , 664 (1931), amended, 284 U.S. 571 (1931).

Invention 64

Invention Art Patent Television 64

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]. 09 C 5879, 2011 WL 4442825 (N.D. 20, 2011). [23] Statutory Background. Abbott Labs , No.

Invention 52

Invention Patent Marketing Marketing 52

Greenspoon Marder LLP

SEPTEMBER 18, 2018

Last week, an Illinois federal court judge ruled that UGG is not a generic term for sheepskin boots and that the United States owner of the popular UGG brand, Deckers Outdoor Corporation, can pursue its claims for trademark and design patent infringement against a company called Australian Leather.

Public Domain 52

Public Domain Branding Branding Brands 52

Patently-O

JANUARY 31, 2024

SmartSky sued Gogo in 2022 for patent infringement, alleging that Gogo’s 5G wireless network infringed several of SmartSky’s patents related to in-flight internet wireless connectivity. Patent Nos. 9,312,947, 11,223,417, 10,257,717, and 9,730,077. See, for example, Douglas Dynamics, LLC v. Buyers Prods.

Marketing 59

Marketing Marketing Litigation Business 59

LexBlog IP

JANUARY 31, 2023

XY (discussed in detail here ) concerned assertions of patent infringement and patent invalidity in federal court. During the pendency of that litigation, the Board had canceled the patent claims in a final written decision in an inter partes review. Microsoft Corp. P’ship , 564 U.S. ’” Jump Rope Pet.

Litigation 52

Litigation Patent Infringement Patent Art 52

SpicyIP

NOVEMBER 21, 2022

The Plaintiff had argued that all the rights pertaining to the film vests with them by virtue of an agreement with the producer entered in 2011. Canadian Supreme Court rejects appeal from Nova Chemicals against Dow’s C$ 645 million patent infringement award.

IP 100

IP Cease and Desist Patent Music 100

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 52

Licensing Contracts Patent Law Patent 52

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. Actavis Elizabeth LLC , 435 F.

Patent 45

Patent Technology Litigation Reporting 45

Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] patent; and 3) that an industry with respect to articles protected by the patent exists or is in the process of being established. [3]

Litigation 40

Litigation Cease and Desist Patent Infringement Intellectual Property 40

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 56

Licensing Patent Ownership Patent Infringement 56

Patently-O

NOVEMBER 29, 2023

1, at 48 (2011). 23-491 This case arises from multiple patent infringement lawsuits filed by Realtime Data LLC (d/b/a IXO) against various technology companies, including Fortinet, Inc., 112–98, pt. Petitioner’s no-late-joinder argument is supported by an Amicus brief filed by BIO. Click-To-Call Techs., LP, 140 S.

Patent Law 75

Patent Law Law Patent Art 75

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. Effective September 16, 2012, a third-party may submit prior art to the Patent Office.

Art 40

Art Confidentiality Patent Application Invention 40

LexBlog IP

AUGUST 18, 2023

This is the first patent linkage litigation in China since the establishment of the patent linkage system. Chugai was the patentee and marketing authorization holder of Eldecalcitol Soft Capsules for treating osteoporosis, which first launched in Japan in 2011 and was later approved by China’s NMPA in 2020.

Litigation 52

Litigation Patent Intellectual Property Branding 52

LexBlog IP

APRIL 18, 2023

An often critical issue in determining patent infringement is how many of a specified claim element are required by the claim. 2011), and Insituform Techs., This issue can arise in a variety of ways: A or An The general rule is that “a” or “an” means one or more. In KCJ Corp. Kinetic Concepts, Inc. ,

Patent 52

Patent Patent Infringement Intellectual Property 52

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 52

IP Intellectual Property Technology Publishing 52

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 52

IP Intellectual Property Technology Publishing 52

Patently-O

JULY 10, 2024

Accession, Inc. , 3d 785 (Fed. LDG argues these cases held that “enforcement activities taking place outside the forum state do not give rise to personal jurisdiction in the forum,” even if they have “effects” there. Quoting Radio Sys.

Cease and Desist 40

Cease and Desist Patent Law Art 40

Fish & Richardson Trademark & Copyright Thoughts

MARCH 11, 2021

A-09-CA-896 AWA, 2011 WL 2964796, at *1 (W.D. July 20, 2011) (“It is not uncommon for a court to seal documents filed in a case when those records contain trade secrets, sensitive commercial information, [or] privileged material …”). [2]. 2:11-CV-0355, 2011 WL 1157256, at *1 (W.D. Globus Med., at 598)); see, e.g. , Neon Enter.

Confidentiality 40

Confidentiality Government Intellectual Property Privacy 40

Patently-O

OCTOBER 4, 2021

Kessler Doctrine is particular to patent law and falls somewhere in-between issue and claim preclusion–allowing preclusion in instances where it would not be traditionally available. Here, PersonalWeb sued Amazon for patent infringement back in 2011 based upon Amazon’s use of its S3 cloud storage services.

Litigation 75

Litigation Patent Infringement Patent Settlement 75

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

Up from just 10 cases involving patents related to battery technologies in 2011, 27 in 2020 alone there were 93 such cases in U.S. Patent Trial and Appeal Board, and the U.S. from importing battery separators, 37 and in July 2021, Chinese EV battery supplier CATL sued Chinese competitor CALB in China for patent infringement.

Intellectual Property 52

Intellectual Property Technology Journalism IP 52