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As patent litigators are well-aware, the Western District of Texas and the District of Delaware, the two most popular venues for patent litigation, each issued orders regulating litigation in their districts in 2022. So as of early 2023, what effect have those orders had on patent filings? of total cases ).
Supreme Court’s ruling in June 2023 in Jack Daniel’s Properties, Inc. The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. By now, most IP practitioners are familiar with the U.S. VIP Products, Inc.
Attorneys filed fewer patent suits in district courts in 2023 than in any year for more than a decade, and the amount of America Invents Act petitions at the Patent Trial and Appeal Board fell to a 10-year low as well. The Western District of Texas also lost its place as the most popular patent litigation venue in the U.S.
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.
In litigation news. For the third consecutive month, Tesla finds itself involved in a new patent infringement lawsuit, this latest time as a defendant in an action filed by Graphite Charging Company LLC on August 4, 2023 in the Western District of Texas. By: Mintz - Energy & Sustainability Viewpoints
As patent litigators are well-aware, the Western District of Texas and the District of Delaware, the two most popular venues for patent litigation, each issued orders regulating litigation in their districts in 2022. So as of early 2023, what effect have those orders had on patent filings? of total cases ).
This trend is just as common in Hatch Waxman litigation. Patent owners generally look to secondary indicia to bolster their nonobvious defenses when prior art and/or knowledge of a person of ordinary skill in the art (“POSA”) seem to make the obviousness decision a close call. By: Womble Bond Dickinson
Two bills recently introduced in Congress could significantly affect the current patent litigation landscape. The bipartisan bills are titled the Patent Eligibility Restoration Act of 2023 and the Promoting and Respecting Economically Vital American Innovation Leadership Act, or the PREVAIL Act. By: Farella Braun + Martel LLP
I’m sure this ruling won’t the last one in this case or in Loomer’s broader litigation campaign. Zuckerberg , 2023 WL 6464133 (N.D. The post Laura Loomer Loses Litigation (Again)–Loomer v. Case Citation : Loomer v. The complaint.
On March 16, 2023, the U. Copyright Office (USCO) launched a new AI Initiative to examine the copyright law and policy issues raised by artificial intelligence (AI), including the scope of copyright in works generated using AI tools and using copyrighted materials in AI training.
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]
The Paris Local Division of the Unified Patent Court (UPC) first substantive decision on patent validity in DexCom v Abbott ( UPC_CFI_230/2023 ), provides some interesting commentary on how much the description should be taken into account when interpreting the claims. quoting UPC_CoA_335/2023 ).
My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). On July 4, 2023, a federal judge declared FREEDOM from government censorship of Internet services. In 2023, the EU launched its Digital Services Act. Then, in Liapes v. Two big differences, however.
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?
The Commissions injunctive powers provide an attractive forum for patent owners seeking relief from patent infringement litigation and other unfair acts. In 2024, the number of complaints filed at the ITC rebounded after the low in 2023. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
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 2022 has come and (almost) gone, it’s time to look back at the exciting grants and surprising denials of certiorari petitions involving patent and trademark matters by the Supreme Court of the United States, and what to look forward to from the Court in 2023.
What You Need To Know In A Minute Or Less - Beginning in 2023, courts across the United States have grappled with a wave of lawsuits challenging the legality and use of generative artificial intelligence (AI) systems and tools. By: K&L Gates LLP
Raising the Bar With the year in its final week, we decided to take a look at the number of file-sharing lawsuits filed in the United States in 2023. The point of my client’s litigation is not personal or to harm any defendant, it is to protect its rights under the Copyright Act, which has been done in this case,” Waugh told us at the time.
It was the big emerging issue in 2023 and is going to be even bigger in 2024. Image:www.shutterstock.com There is no better way to start out the New Year, 2024, with a commentary on Artificial Intelligence (AI) and copyright.
Both parties appealed on multiple grounds (not all of which are discussed here for brevity) – including whether Valve was properly estopped from litigating the Non-Petitioned Grounds. Before the district court, Valve raised four grounds of invalidity.
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 ).
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.
“Defendant immediately removed the infringing Photo upon having learned of it, [] made an offer of judgment in the amount of $2,500 in September 2023, and [] later conceded liability so as to advance the termination of this action.” However we get there, the overall litigation enterprise here makes no economic sense.
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.
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. Recent Patent Linkage Litigations Since Chugai v. Wenzhou Haihe Pharmaceutical Co.,
2023-1777, -1779 (Fed. 7, 2025) This weeks Case of the Week presents a cautionary tale for litigators to be sure theyve timely complied with Fed. Trudell Medical International Inc. D R Burton Healthcare, LLC, Appeal Nos. 26(a)(2) by the conclusion of discovery.
2023-1320 (Fed. In this appeal from the Court of Federal Claims, the Federal Circuit considered whether expenses incurred by a generic drug manufacturer in defending against Hatch-Waxman infringement litigation are deductible from taxable income as ordinary business expenses in the year. Actavis Labs. United States, Appeal No.
2023) , the Federal Circuit once again granted a writ of mandamus , ordering a patent infringement case to be transferred out of Judge Albright’s courtroom in the Western District of Texas (WDTX). states, including Texas, is no stranger to litigation in the Lone Star state. This decision was made under the provisions of 28 U.S.C.
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’.
The IPRs were decided three years later, leaving infringement litigation alive, at which point the District Court lifted the stay and reinstated the case. In reaching this decision, the District Court noted that “it is unclear from the current record whether FMC’s dispositive motion would be granted.”
In June 2023, as is widely known, more than 50 years of efforts to create a pan-European patent jurisdiction were finally successful and the Unified Patent Court opened its doors.
Seven of the top 10 most prolific inventors for 2023 are women according to grants issued by the U.S. Patent and Trademark Office and conveyed Continue reading
OPINION] (2023-2032, 2023-2063, 2023-2089, 9/18/24) (Lourie, Prost, Reyna) - Lourie, J. Precedential and Key Federal Circuit Opinions - 1. ASTELLAS PHARMA v. SANDOZ INC. The Court vacated and remanded the district court’s finding that the asserted claims are invalid under 35 U.S.C. § 101 as directed to an ineligible natural law.
This year has seen a bonanza of significant trademark decisions, including several high- profile decisions from the Supreme Court. Courts ruled on issues ranging from First Amendment and parody considerations to the extraterritorial reach of U.S.
Engagement in proactive IP litigation by global companies is the bedrock of trademark enforcement, and Adidas is no stranger to this strategy. Most recently, on January 12, 2023, Adidas’s efforts to sue Thom Browne Inc., a Zegna subsidiary, for trademark infringement of its ‘three-stripes logo’ was foiled.
Botkin Chiarello Calaf PLLC an Austin, Texas, firm opened by six former Wittliff Cutter PLLC attorneys in 2023 that is focused on commercial and intellectual property litigation and general business counseling has welcomed a litigator from Cleveland Krist PLLC.
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.
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.
On July 10, the Senate unanimously passed the Affordable Prescriptions for Patients Act of 2023 (S.150), 150), which seeks to increase competition and lower drug prices by imposing limits on patent litigation related to biological products.
In general, the adoption of artificial intelligence (AI) and machine learning technologies has the potential to impact society in many ways. These technologies can automate tasks and make them more efficient, which can lead to job displacement and other economic impacts.
Applications will be accepted through November 24th, 2023. Interns will be expected to work approximately 20 hours per week (onsite in our Falls Church, VA office at least one day per week). Our intern will have an interest in Intellectual Property law; solid research and writing skills; and attention to detail and deadlines.
Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
Another year of IP is behind us, and it is time to reflect on what mattered most—what decisions will affect practice for years to come and/or continue to play out in the courts as we move into 2024? Below are reflections on milestones from this past year—some positive, some negative, and some neutral--at least for now.
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