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Nokia announced today that it has signed a deal with Amazon to end all patent litigation between the two companies, the terms of which are confidential.
McDermott kept the copyright to those photo and granted NY Post a license. McDermott had not actually licensed the photo to anyone else to set a baseline license fee. However we get there, the overall litigation enterprise here makes no economic sense. The New York Post story. The parties’ conduct.
Patent litigation declined significantly in the first quarter of 2023 over the same period in 2022, despite increases in issued patents, the difficulty of Continue reading
Ensuring Access to TB drugs: Is Compulsory License the Way? This failure is perhaps typified by the stark realities that have come to light in a pending public interest litigation before the Bombay High Court [BHC], regarding access to life saving drugs, that we’d like to discuss today. Readers can access posts by Rahul here. .
Litigation over standard-essential patents, or SEPs, can be a cyclical phenomenon, where litigation follows a generational change in technology. We saw it with 3G and 4G technology, where each generational change led to a flurry of litigation focused on smartphones. Originally published in Law360 August 2023.
Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]
Katfriends Adrian Aronsson-Storrier and Oliver Fairhurst from Lewis Silkin report on recent litigation in the UK against the developers of AI generation software. This litigation has arisen amongst a flurry of recent interest in AI generated works. What is AI image generation software?
24, 2023) (Shashi H. Kewalramani), the Central District of California denied Defendant Netflix’s attempts to compel Plaintiff GoTV Streaming to provide documents and further information as to the source of the litigation funding that GoTV received in conjunction with the patent litigation. Netflix, Inc.,
The Federal Circuit has issued an interesting nonprecedential order in In re VLSI Technology LLC , denying VLSI’s petition for a writ of mandamus that sought to reverse a district court order allowing Intel to amend its answer to assert a declaratory judgment counterclaim regarding a patent license defense. Intel Corp. , 4th 1332 (Fed.
On July 12, 2024, the Delhi High Court (DHC) issued two orders in a matter involving a dispute between Phonographic Performance Limited (PPL) and Al-Hamd Tradenation concerning interim injunctions and compulsory licensing (CL). PPL had informed Al-Hamd through the restaurant that a license was required for the use of these recordings.
He claims that third party “contributors” uploaded his copyrighted photos to ShutterStock as part of ShutterStock’s licensing program. Specifically, McGucken claims that a total of 337 images were uploaded, of which 165 were downloaded and that led to 938 licenses. Otherwise, this case appears to be economically irrational.
The Commission officially announced the proposal in April 2023, although it was leaked well before that. The draft rules were purportedly meant to repair a system that has suffered from a lack of transparency, predictability, and lengthy disputes and litigation. Communication on standard-essential patents.
As reported, both Houses of Parliament recently passed the Jan Vishwas Bill, 2023 (JV Bill). The major amendments proposed to IP laws remain the same in the 2023 version. The objective of the JV Bill, 2023 is to promote ‘the ease of doing business in India’ through ‘minimum government, maximum governance’.
This case is crucial to understand not only the novel concept of Confidentiality Clubs in the Indian IP Litigation but also the issues with regard to the composition of such clubs and the accessibility of the members to confidential information vis-a-vis independently appointed Scientific Advisor. It noted that Serial No.
This introductory course will give attendees a comprehensive review of basic elements and practical considerations when engaging in licensing agreements for a variety of intellectual property formats.
December 2023 Federal Circuit Newsletter (Japanese) - Intel Wrongly Denied Opportunity to LitigateLicense Defense that Could Unwind $2.1 22-1906, the Federal Circuit held that district court abused its discretion in denying motion to amend answer to assert a license defense where defense was not futile under governing law.
This introductory course will give attendees a comprehensive review of basic elements and practical considerations when engaging in licensing agreements for a variety of intellectual property formats.
In the recent UK case of Philip Morris v BAT [2023] EWHC 2616 (Pat) , His Honour Justice Hacon (Hacon HHJ) considered the standard for invalidity due to added matter. Invalidity in view of added matter is a common patent pitfall in Europe ( IPKat ). Limited [2020] EWCA Civ 1292, AP Racing Ltd v Alcon Components Ltd [2014] EWCA Civ 40 ).
As 2023 comes to an end, in line with our annual tradition, we take stock of the top IP developments that occurred this year. We have also included a list of other notable IP developments of 2023. The judgement was passed in October 2022, but was uploaded in September 2023 on the High Court’s website. A special thanks to Mr. G.
With respect to patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, 2023 saw many interesting developments.
In Part I of our year end summary of key developments regarding patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, we looked at various developments involving patent pools and reviewed some interesting damages awards and interlocutory decisions.
Envy launched in the Chinese market in late 2023, thanks to a 2018 licensing deal with the Joy Wing Mau fruit company. The litigation began in September 2022 and the claim was initially heard by the Lanzhou Intermediate Peoples Court of Gansu Province, which made a finding of plant variety infringement in November 2023.
Last week, oral hearings concluded at the UK Court of Appeal in the ongoing patent licensing dispute between wireless communication developer Optis and consumer device giant Apple over 4G standard essential patents (SEPs) owned by Optis and practiced by Apple devices.
Mo 2023) Bayer and its subsidiary Monsanto have filed a new set of patent infringement lawsuits against farmers who saved seeds and replanted them in violation of Monsanto Roundup Ready patents and license agreements. Jan 25, 2023) Bayer CropScience LP v. Jan 25, 2023) Bayer CropScience LP v. Bayer CropScience v.
Each of these cases is unique, fact dependent, and likely, if fully litigated on the merits, to shed light on different aspects of copyright law. In other words, in the UK, there is a copyright exception for non-commercial research, everything else requires in a license, and there is little if any ambiguity. GitHub Inc.,
On December 4, 2023, the Court of Appeals for the Federal Circuit vacated a $2.18 On December 4, 2023, the Court of Appeals for the Federal Circuit vacated a $2.18 which had a license agreement with Intel. Then, on September 2, 2020, Intel filed its motion to stay in light of the new license defense.
If the case stands on appeal, Twitter will write a check to CCDH to compensate it for the litigation harms Twitter has imposed on it. Anti-SLAPP laws are a crucial bulwark against such abuses, especially by billionaires who embrace Pyrrhic litigation with the goal of draining their opponents’ bank accounts. We need more of that.
2023 WL 6381821, No. 28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for its patent application. The underlying patent litigation allegedly fraudulently induced Cap Export to enter into a $1.1 Cap Export, LLC v. Zinus, Inc.,
This article originally appeared in the Scholarly Kitchen Back in March of 2023, when there were only a handful of cases alleging copyright infringement for training purposes by AI companies, I predicted that we would soon have some guidance from the court in Thomson Reuters Enterprise Center GMBH and West Publishing Corp.
We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.
Goldsmith in the days following the Supreme Courts 2023 landmark fair use decision. The court recognized that artists routinely create rough versions of new works before seeking licenses, and that restricting this practice would limit creativity and stifle innovation in the music industry. A case with potentially limited impact.
Implications This is surely not the last word on the subject because Shah litigated pro se. For a more convincing ruling, we need to see how a well-trained copyright litigator navigates this legal issue. 2023 WL 266511 (N.D. Still, its implications are wide-ranging. This case covers similar ground as the uncited Hubay v.
Four years ago, we first published a post about an intriguing case involving two education consulting firms litigating over an online excerpt published on the website of Lehren Education (Defendant), which Ivy Coach (Plaintiff) alleged had been improperly copied, infringing on its copyrights. Lehren Education, LLC.
Hence, the concept of cross licensing agreement has originated with the intent to help various organizations in sharing patent licenses along with their rights and liabilities leading to their easier access to masses and reduction of monopolistic market tendencies. Cross-licensing agreements can both restrain and advance competition.
As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. A little time spent researching whether the vendor has negative claims with the Better Business Bureau, has licensing issues, generally has satisfied customers, whether any lawsuits are pending, etc.,
On the first, substantial litigation has already been launched concerning whether the data used to train these models requires payment or opt-in from creatives whose work has been ingested, often without consent. Is it a proper copyright ownership or an assigned license? If output works infringe copyright, who is responsible (e.g.
As we bid adieu to 2023, let’s take account of the interesting developments that we came across last week. Highlights of the Week A Look Back at India’s Top IP Developments of 2023 Continuing with our annual tradition, we curated a list of the top IP developments in India. Other Posts Microsoft Technology Licensing LLC V.
Image from here Recently, the Print reported that Novartis and Eli Lilly have voiced their opposition to the idea of compulsory licensing (“ CL ”) for breast cancer medications, Ribociclib and Abemaciclib. 98,374 in 2023 , making drug contributions excessive. It also says that no licenses were given out. of GDP in FY23.
It is a prescription drug for treating HIV in adults, available in tablet and injectable forms, and is used in combination with other HIV medicines, currently licensed for treatment, not prevention, due to its high prices. The looming threat is the pending patent applications by Gilead in India.
In an opinion issued December 4, 2023, the U.S. 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”).
24, 2023) (Shashi H. Kewalramani), the Central District of California denied Defendant Netflix’s attempts to compel Plaintiff GoTV Streaming to provide documents and further information as to the source of the litigation funding that GoTV received in conjunction with the patent litigation. Netflix, Inc.,
” Plus, Broughty used an online alias, so it’s understandable why Bouzy couldn’t confirm his license status. ” Plus, Broughty used an online alias, so it’s understandable why Bouzy couldn’t confirm his license status. Bouzy , 2023 WL 5013654 (D.N.J. 7, 2023) BONUS 1: Lima Jevremovic v.
(October 5-November 23) Following a favorable outcome of preparing students and professionals for the patent agent exam and providing them with a comprehensive guide on Patents in 2022 and 2023. The IP Press presents the third cohort of the Comprehensive Course on Patents. But this time, we have with us our ‘exclusive knowledge partner’, S.
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