IPilogue

JUNE 16, 2022

On April 07, 2022, the Federal Court of Canada released its judgment in favour of the plaintiffs in the patent infringement action against Munchkin Inc. Angelcare owns six patents related to the diaper pail cassettes and/or its assembly with its Diaper Genie. (the and Munchkin Baby Canada Ltd. Background. Inducement.

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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). The district court denied all the claims pre-trial.

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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.

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IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

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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.

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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.

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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. . Many of the AIA reforms strengthened our patent system. with the rest of the world.

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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

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Patently-O

MARCH 18, 2024

The patent at issue, originally naming a single inventor (Steve Campbell), claims a lightweight intermodal container system for transporting refrigerated gaseous fluids. 256 to correct inventorship on an issued patent. Campbell filed a provisional application in 2011 and a non-provisional in 2012 that eventually issued in 2016.

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Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund, No.

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Patently-O

AUGUST 19, 2022

Par had listed two patents in the Orange Book as covering its product and so, as required, Eagle’s ANDA included a Paragraph IV certification that the two patents were either (1) invalid or (2) would not be infringed. Both Par patents include a pH requirement: “wherein the unit dosage form has a pH of 3.7-3.9.”

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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. Patent & Trademark Office. Will Freeman focuses his practice on patent litigation in U.S.

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Patently-O

AUGUST 17, 2022

While this might not be the most newsworthy federal document archives story this week, it’s something that patent practitioners and others who practice before the Federal Circuit might want to take note of. Out of the 12,225 appeals docketed between 2000 and 2011, 977 show up on this list (about 8%). By Jason Rantanen.

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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.

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LexBlog IP

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

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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.

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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. should never have been banned in the first place since the jury found that it did not infringe on any Apple patents.

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SpicyIP

NOVEMBER 21, 2022

From Creating Patent Ecosystem to Building National Innovation System for Industrial Growth. Ruchi Sharma highlights a few findings of the Economic Advisory Council to the Prime Minister’s report “Why India Needs To Urgently Invest In Its Patent Ecosystem?” Image from Lightbulb icons created by Freepik – Flaticon. Opportunities.

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Patently-O

APRIL 10, 2022

Through its acquisition of BioVeris Corporation, Roche Diagnostics became the owner of various patents relating to immunoassays employing electrochemiluminescence (“ECL”). The decision raises interesting issues relating to induced patent infringement and the interpretation of a licensing provision.

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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). One can look to the analogous doctrine of fraud on the Patent Office (also known as “inequitable conduct”) for a cautionary tale. b)(4) (2021).] 3d at 1196.

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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).

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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] 7] To compensate patentees for allowing this otherwise infringing conduct, and, further, for the loss of patent term during the FDA review period, section 156(a) was simultaneously enacted.

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LexBlog IP

JULY 26, 2022

When a patent owner loses at the International Trade Commission (“ITC”), can it hire new counsel and try again in district court? where plaintiff Gamevice is asserting three patents against Nintendo despite losing on those same patents in two prior ITC proceedings. That question will be answered in Gamevice, Inc.

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Patently-O

FEBRUARY 29, 2024

Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.” And, even though the subject matter of the lawsuit is a patent license, that sort of case is ordinarily not seen as “arising under” the U.S. patent laws.

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LexBlog IP

JANUARY 31, 2023

Last year, a district court applied the doctrine of collateral estoppel to dismiss an infringement suit after the Patent Trial and Appeal Board decided to cancel the asserted patent’s claims in an inter partes review. That’s not an open question in patent proceedings. Jump Rope Sys., ” XY , 890 F.3d

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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. Hall, who is a former patent litigator with a PhD in biochemistry and molecular biology. Buyers Prods.

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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. Such patent” is in the singular and refers to a specific patent—the asserted patent. 35 U.S.C. § 271(c) (emphasis added). . §

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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.

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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.

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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]

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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., Thousands of patents do. This issue can arise in a variety of ways: A or An The general rule is that “a” or “an” means one or more.

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The IP Law Blog

NOVEMBER 3, 2022

In October 2020, when the COVID-19 pandemic was killing thousands of people a day and the world was desperate for a vaccine, Moderna announced that it would not enforce its patents against infringers during the pandemic so that the vaccines could be disseminated as fast as possible and the pandemic could be stopped as soon as possible.

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LexBlog IP

NOVEMBER 3, 2022

In October 2020, when the COVID-19 pandemic was killing thousands of people a day and the world was desperate for a vaccine, Moderna announced that it would not enforce its patents against infringers during the pandemic so that the vaccines could be disseminated as fast as possible and the pandemic could be stopped as soon as possible.

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Patently-O

JULY 10, 2024

The patent at issue is U.S. It held that LDG purposefully directed extra-judicial patent enforcement activities at SnapPower in Utah, subjecting it to specific jurisdiction there. By Dennis Crouch This case would be great for a 2L law review note. Accession, Inc. , 3d 785 (Fed. Quoting Radio Sys.

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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.

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Patently-O

OCTOBER 4, 2021

Issue preclusion can prevent a patentee from later arguing in a new lawsuit that its patent is valid after an earlier finding of invalidity, even if the new lawsuit is against a different party. Likewise, the court has rejected patent-specific procedural rules. Issue preclusion is powerful because it applies in non-mutual settings.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

As the battery and electric vehicle (EV) industries continue to grow, in tandem the IP world is experiencing an increase in battery patenting activity. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. Figure 1: Battery Patent Filings: CPC Class H01M 1. Valued at $108.4

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