2017, Litigation, Patent Infringement and Settlement

2017

Litigation

Patent Infringement

Settlement

The Sham Litigation Exception after AbbVie - Is the Subjective Element a Sham?

JD Supra Law

OCTOBER 20, 2021

The Federal Trade Commission (“FTC”) sued AbbVie and Besins Healthcare, co-owners of a patent that covered brand AndroGel, in 2017. The FTC claimed that the manufacturers had brought “sham” patent infringement litigation in 2011 against Teva and another generic supplier, Perrigo.

Litigation

Litigation Settlement Patent Infringement Branding

Collateral Estoppel Beats Precedent Every Time

Patently-O

DECEMBER 11, 2022

Some background and how this Played out for Uniloc : HP sold several patents to Uniloc back in 2017 who then sued Apple, Motorola, and Blackboard for patent infringement. Uniloc has a litigation financing relationship with Fortress with the patents serving as collateral for the deal.

Licensing

Licensing Settlement Litigation Patent

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Trending Sources

Unpacking IDC v Lenovo (Part I): The approach on unpacking and comparing prior licence agreements

The IPKat

JUNE 22, 2023

Mellor J, the Judge, explained that in very general terms he adopted the same approach as that of Birss J in Unwired Planet v Huawei [2017] EWHC 711 (Pat) ([42]). The Judge decided to adopt the same approach as in Unwired Planet v Huawei [2017] EWHC 711 (Pat) and in the US judgment TCL v Ericsson (C.D. 21, 2017) (Selna, J.)

Patent Infringement

Patent Infringement Licensing Patent Litigation

Kurt Glitzenstein Quoted in The American Lawyer “Litigation Leaders” Article

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Fish attorney Kurt Glitzenstein spoke with The American Lawyer about Fish’s success on being the busiest patent litigation firm in the land. He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more.

Litigation

Litigation Technology Business Patent

Attorneys Adam Shartzer and Josh Carrigan Author Law360 Expert Analysis “Patent Fee-Shifting Often Leaves Prevailing Parties Unpaid”

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

Principal Adam Shartzer and Associate Josh Carrigan authored Expert Analysis for Law360 examining a fee-shifting statute for patent cases that allows prevailing parties to recover their reasonable attorney fees in exceptional patent infringement cases. But is that policy rationale truly being achieved? PDF copy available.

Patent

Patent Litigation Patent Infringement Inventor

Patent Eligibility Jurisprudence

Patently-O

OCTOBER 5, 2021

Patent prosecution strategy and portfolio management; b. patent enforcement and litigation; c. patent counseling and opinions; d. licensing of patents and patent applications; k. Please identify how the current state of patent eligibility jurisprudence in the United States impacts the global strength of U.S.

Patent

Patent Intellectual Property Invention Inventor

Guest Post: Third-Party Litigation Funding: Disclosure to Courts, Congress, and the Executive

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] Patent assertion finance today is a multibillion-dollar business. [2] 2] Virtually nonexistent in the patent space in the U.S. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation

Litigation Reporting Settlement Government

NPE Showcase: NPE Litigation in 2023 – What to Expect

LexBlog IP

FEBRUARY 2, 2023

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on NPE litigation as a whole, and what to expect in 2023. 6] Why is patent litigation so tied to the capital markets?

Litigation

Litigation Patent Troll Settlement Technology

No "German injunction gap" expedition in Abbott v Dexcom global diabetes battle, as Mr Justice Mellor expresses "some regret"

The IPKat

SEPTEMBER 12, 2021

Merpel gives the "German injunction gap" factor some much needed side-eye After the end of what English and Welsh litigators call the Trinity term (aka end of the term before the Court breaks for the summer holidays), Mr Justice Mellor was working overtime to deliver two decisions. Libre 2 was launched in October 2020.

Litigation

Litigation Patent Marketing Marketing

Preclusion; Customer Lawsuits; and the Kessler Doctrine

Patently-O

OCTOBER 4, 2021

Claim Preclusion (res judicata) prevents a party from re-litigating a claim once a court has issued a final judgment on that claim. Claim preclusion is powerful, in part, because it does not require the claim to be actually litigated (just be subject to the final judgment). 2017), cert. Eldred , 206 U.S. 285 (1907). 2015), cert.

Litigation

Litigation Patent Infringement Patent Settlement

Biosimilars 2021 Year in Review

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

Yet, given fewer FDA approvals in 2020 and 2021, this year saw the lowest number of commercial launches since 2017. Litigation under the Biologics Price Competition and Innovation Act (BPCIA) in the district courts also decreased. BPCIA Litigation. No earlier than 2023 per settlement. No earlier than 2023 per settlement.

Litigation

Litigation Settlement Patent Marketing

U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

Technology & Marketing Law Blog

MARCH 7, 2022

The one actually litigated in the case (these images come from the complaint) is here.) A jury agreed, finding that H&M had willfully infringed Unicolors’s fabric design. A Google search turns up three different pairs of designs with differing degrees of similarity. b)(4)(i)(A) (2011). 110-617 , at 23 (2008) (emphasis added).

Registration

Registration Blogging Copyright Designs

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

With these technical advances comes an increase in legal activity, including intellectual property (“IP”) filings and litigation. Research and development in the battery industry have led to a notable increase in patent filings at the U.S. IP Enforcement and Litigation Considerations. district courts, the U.S.

Intellectual Property

Intellectual Property Technology Journalism IP

Intellectual Property Pulse

The Sham Litigation Exception after AbbVie - Is the Subjective Element a Sham?

Collateral Estoppel Beats Precedent Every Time

Trending Sources

Unpacking IDC v Lenovo (Part I): The approach on unpacking and comparing prior licence agreements

Kurt Glitzenstein Quoted in The American Lawyer “Litigation Leaders” Article

Attorneys Adam Shartzer and Josh Carrigan Author Law360 Expert Analysis “Patent Fee-Shifting Often Leaves Prevailing Parties Unpaid”

Patent Eligibility Jurisprudence

Guest Post: Third-Party Litigation Funding: Disclosure to Courts, Congress, and the Executive

NPE Showcase: NPE Litigation in 2023 – What to Expect

No "German injunction gap" expedition in Abbott v Dexcom global diabetes battle, as Mr Justice Mellor expresses "some regret"

Preclusion; Customer Lawsuits; and the Kessler Doctrine

Biosimilars 2021 Year in Review

U.S. Supreme Court Fixes Ninth Circuit’s Test for Mistakes in Copyright Registrations—Unicolors v. H&M (Guest Blog Post)

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

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