Patently-O

JULY 16, 2021

Form 18 focused on patent infringement and included a bare-bones set of allegations that (1) the plaintiff owns a particular patent and (2) the defendant has infringed that patent. Sony , the district court dismissed Bot M8’s infringement claims against Sony’s PlayStation 4 (PS4). In Bot M8 v.

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Patently-O

AUGUST 17, 2022

These records predate the court’s transition to its electronic case management filing system in 2012 and once transferred to the National Archives will remain in only paper format and will not be made available online. The latest appeal was docketed in 2012, and most of the appeals listed were docketed between 2003 and 2010.

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Confidentiality Patent Infringement Patent 61

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.

Patent Infringement 59

Patent Infringement Litigation IP Intellectual Property 59

Patently-O

FEBRUARY 23, 2022

district courts where a determination was made about patent validity or enforceability. (We We note that our findings are consistent with what Andrew Torrance found in his 2012 study of design patent litigation. The full paper explains how we reached these figures, which are based on a study of nearly 1200 case documents in U.S.

Design Patent 134

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Patently-O

AUGUST 24, 2022

Figure 9 below comes from his US9723813 (2012 priority date). DoggyPhone has sued Tomofun (maker of Furbo) for patent infringement. In his spare time he invents canine communication devices and treat dispensers. You can buy something similar from Amazon – the Furbo dog camera. DoggyPhone LLC v. Tomofun, LLC. ,

Invention 75

Invention Art Patent Infringement Litigation 75

The IP Law Blog

APRIL 21, 2022

March 15, 2022), the Federal Circuit affirmed a Texas district court’s dismissal of a patent infringement case. The patent covered a method of managing visitor access to access-controlled locations, such as hospitals. Worlds owned patents covering methods of managing interactions of remote users in a virtual world.

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Invention Patent Patent Law Patent Infringement 98

IP Watchdog

OCTOBER 7, 2021

appealed to the CAFC asking that the court compel Samsung Electronics to seek dismissal of its instituted IPR proceedings at the PTAB seeking to invalidate Kannuu’s patents. Kannuu’s appeal was based on the terms of an NDA entered into between the companies during business negotiations in 2012. Kannuu Pty Ltd.

Business 69

Business Patent Trademark Patent Infringement 69

Patently-O

MAY 4, 2022

In 2018, Intuitive Surgical sued Auris Health for patent infringement. 2012) (finding no motivation to combine where “doctors were not using the disclosed devices and methods to heal wounds with negative pressure because they did not believe that these devices were capable of such healing”). scissors to scalpel to graspers).

Art 126

Art Invention Patent Patent Infringement 126

Patently-O

AUGUST 10, 2022

Intellectual Ventures sued HP for patent infringement in 2021 for infringing its United States Patent No. The patent application was filed back in 2001 and was originally owned by ADC who sold that division to SS8. In 2006, SS8 sold the patent to the “Imaginex Fund I”, an Intellectual Ventures shell.

Litigation 75

Litigation Patent Application Copying Patent 75

Patently-O

MARCH 18, 2024

The Federal Circuit’s brief order sheds some light on the standards for amending pleadings late in litigation and the propriety of declaratory judgment counterclaims in patent cases even where the underlying infringement claims have been extinguished. Patent Nos. Background: A separate VLSI v. Intel Corp. , 4th 1332 (Fed.

Licensing 80

Licensing Patent Patent Infringement Litigation 80

SpicyIP

JULY 25, 2023

Section 101 is subject, however, to an important implicit exception: “ laws of nature, natural phenomena, and abstract ideas are not patentable.” ( Mayo Collaborative Servs. 1289, 1293 (2012) ). Only natural products that are markedly different from products of nature can be considered patent-eligible ( Diamond v.

Patent 97

Patent Invention Litigation Law 97

Greenspoon Marder LLP

DECEMBER 30, 2012

In January 2012, Eastman Kodak, the 131-year-old film pioneering company, filed for bankruptcy protection. In a last ditch attempt to raise cash, Kodak announced in July that it will be selling its digital imaging patents as part of its bankruptcy proceedings. By: Sharon Urias, Esq.

Patent 52

Patent Patent Infringement Licensing Litigation 52

Greenspoon Marder LLP

JUNE 16, 2013

TiVo sued the three companies over infringement of its pioneering digital video recorder technology. Google bought Motorola in 2012 – and Cisco Systems Inc., TiVo will also enter into patent licensing deals with Google, Cisco and Arris Group Inc. In the agreement reached between TiVo and the three companies, Google Inc.

Patent 52

Patent Settlement Litigation Technology 52

LexBlog IP

DECEMBER 20, 2023

Court of Appeals for the Federal Circuit [1] reversed a lower court’s denial of Intel Corporation’s (“Intel’s”) motion for leave to amend its answer to assert a new license defense in a patent infringement suit brought by VLSI Technology LLC (“VLSI”). and Finjan Software, Inc.

Licensing 52

Licensing Contracts Litigation Technology 52

Indiana Intellectual Property Law

DECEMBER 23, 2022

Since 2012, Gema has been a part of the global Graco Group , an internationally leading manufacture of liquid conveyance systems and components. The United States Patent and Trademark Office issued Patent Nos. D667,080 , D567,015 , D670,356 , and D670,786 (collectively, the asserted patents) to Gema in 2012.

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Patently-O

AUGUST 25, 2023

July 27, 2023) In a recent tax appeal, the Third Circuit court of appeals afformed that legal expenses incurred by generic drug makers to defend against patent infringement suits brought under the Hatch-Waxman Act are deductible as ordinary and necessary business expenses.

Litigation 52

Litigation Patent Infringement Business Branding 52

Patently-O

JANUARY 23, 2023

As an additional added layer of security, Apple further encrypted these decryption keys and this further encryption is the basis for the patent infringement suit brought by Personalized Media Communications, LLC (PMC) based on PMC’s U.S. 8,191, (the “’091 patent”).

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Patent Prosecution Patent Business Patent Infringement 75

Patently-O

MARCH 18, 2022

patent infringement proceedings, effectively creating a statutory “anti-anti-suit injunction” (AASI) applicable in all courts across the U.S. Beginning in 2012, however, ASIs emerged as litigation tools in suits involving the licensing of standards-essential patents (SEPs). 2012), aff’d 696 F.3d district court.

Patent 61

Patent Litigation Intellectual Property Licensing 61

IP Watchdog

FEBRUARY 21, 2023

HBL was at one time a customer of Lite-Netics and also sells holiday string lights, including one it calls a “Magnetic Cord,” which is one of the two products Lite-Netics alleged infringed its patents. Lite-Netics’ patents issued in 2009 and 2012.

Patent 52

Patent Patent Infringement Litigation Intellectual Property 52

Intellectual Property Law Blog

OCTOBER 6, 2023

This case addresses whether patents relating to methods and systems for connecting users based on their answers to polling questions claim patentable subject matter under 35 U.S.C. § Background Trinity sued Covalent for patent infringement of U.S. Patent 9,087,321 (“the ’321 patent”) and U.S.

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Invention Art Patent Technology 147

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 Design 59

Greenspoon Marder LLP

APRIL 6, 2017

Innovention Toys originally filed the lawsuit against MGA in 2007 for patent infringement of a strategy board game called “Khet,” which uses laser beams to “fire” at opposing movable pieces. In 2012, a jury found that MGA was liable for infringement due to its similar, competing game, “Laser Battle,” and awarded $1.6

Patent 52

Patent Patent Infringement 52

SpicyIP

JULY 23, 2021

Despite India being the second largest tea producer in the world, the product was “registered in India for commercial introduction only in November 2020”, mere two months before patent expiry, even though it had been launched in China, the leading tea producer of the world, back in 2012.

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Patently-O

JULY 25, 2024

” Although fairness continues to be an element of the doctrine, it tends to be largely ignored in patent infringement litigation. The court did not engage in an analysis of whether Koss had a full and fair opportunity to litigate the validity of the patents, but simply focused on the finality of the prior judgment.

Patent 59

Patent Litigation Patent Infringement Technology 59

LexBlog IP

OCTOBER 7, 2021

Samsung Electronics Co. , [2021-1638] (October 7, 2021) the Federal Circuit affirmed the district court denial of Samsung’s motion for a preliminary injunction compelling Samsung to seek dismissal of Samsung’s petitions for Inter Partes Review at the Patent Trial and Appeal Board (Board). No deal (i.e.,

Confidentiality 52

Confidentiality Licensing Intellectual Property Contracts 52

Patently-O

FEBRUARY 22, 2023

Patent assertion finance today is a multibillion-dollar business. [2] 2] Virtually nonexistent in the patent space in the U.S. Bar Ass’n Comm’n on Ethics 20/20, Informational Report to the House of Delegates 5 (2012). 9] That is in no small part due to it being the fastest-growing piece of the wider U.S.

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Litigation Reporting Settlement Government 126

LexBlog IP

APRIL 21, 2022

March 15, 2022), the Federal Circuit affirmed a Texas district court’s dismissal of a patent infringement case. The patent covered a method of managing visitor access to access-controlled locations, such as hospitals. Worlds owned patents covering methods of managing interactions of remote users in a virtual world.

Invention 52

Invention Patent Patent Infringement Patent Law 52

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. Complus Data Innovations, Inc., 3d 1361, 1368 (Fed. ” iLor, LLC v.

Litigation 52

Litigation Patent Infringement Patent Law 52

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]. 11-cv-02214 BTM KSC, 2012 WL 4111157 (S.D. 19, 2012); Isis Pharms., Statutory Background.

Invention 52

Invention Patent Marketing Marketing 52

IP and Legal Filings

SEPTEMBER 13, 2022

Assistant Controller of Patents and Designs [2012 SCC OnLine IPAB 192 : [2012] IPAB 191] is a great example of avoidance of Section 3(k) of the Patents Act of 1970. However, the above-mentioned judgments broaden the scope of such application. Hence, the case of Accenture Global service GMBH v.

Patent 52

Patent Invention Inventor Technology 52

Patently-O

JANUARY 12, 2023

There Are Ample Patentable Innovations Relating to Disease Response and Containment Beyond Pathogen Sequences. It is also unnecessary to patent underlying pathogenic sequences in order to protect novel and innovative technologies such as diagnostics, vaccines and therapeutics.

Business 90

Business Patent Technology Marketing 90

Larson & Larson

FEBRUARY 23, 2023

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 Patent 40

Patently-O

JANUARY 3, 2024

After the Covenant Period expired, DexCom sued Abbott for patent infringement. Abbott then petitioned the Patent Trial and Appeal Board (PTAB) to initiate inter partes review (IPR) proceedings to challenge the validity of DexCom’s patents. District Court for the District of Delaware. Vulcan Materials Co., 3d 1208 (Del.

Patent 64

Patent Contracts Settlement Patent Infringement 64

Patently-O

SEPTEMBER 13, 2021

In patent infringement cases, it is well-established that a patentee’s damages should reflect only the value of the patented features of an infringing product. Thus, in assessing damages, courts routinely “apportion” the infringer’s profits between the infringing and noninfringing features of its product.

Licensing 56

Licensing Contracts Patent Law Law 56

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. He had years of intellectual property experience before entering private practice, as he was previously a patent examiner at the U.S. Patent & Trademark Office.

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Due Diligence Patent Prosecution Litigation Intellectual Property 59

The IPKat

SEPTEMBER 23, 2022

VANDENBEMPT PATENT BV While this third decision does not explicitly address the issue of double patenting, it also concerns a situation where related inventions were protected by different patents, this time a European and a Belgian national patent.

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Litigation Law Patent Invention 83

Patently-O

MARCH 4, 2024

In 2016, over a year after it began selling Ace-K, Celanese filed patent applications on its heretofore secret Ace-K process. Celanese sued Jinhe for patent infringement at the International Trade Commission (ITC). The Questionable Patent Forfeiture Rule Of Metallizing Engineering , 57 VILL.

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