SpicyIP

FEBRUARY 21, 2025

This case pertains to patent infringement concerning two process patents related to the fungicide Azoxystrobin. Indian IP litigation has of late admitted new forms of engagement of concurrent evidence such as the hot-tubbing and the confidentiality club (previously discussed here & here ). It noted that Serial No.

Confidentiality 103

Confidentiality Litigation Intellectual Property IP 103

Patently-O

JUNE 7, 2023

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.

Litigation 116

Litigation Privacy Patent Infringement Patent 116

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.

Litigation 98

Litigation Patent Intellectual Property Branding 98

Patently-O

FEBRUARY 7, 2023

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. Monsanto’s original patents on genetically modified plants have all expired. Pierce, et al.

Litigation 75

Litigation Patent Patent Infringement Contracts 75

JD Supra Law

FEBRUARY 15, 2024

The Commission’s injunctive powers provide an attractive forum for Complainants seeking relief from patent infringement litigation and other unfair acts. In 2023, the number of complaints filed in federal courts was down over previous years, and the ITC was no exception.

Patent Infringement 68

Patent Infringement Litigation Patent 68

IP Watchdog

JANUARY 13, 2025

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.

Patent 105

Patent Patent Infringement Government Litigation 105

IP Watchdog

MARCH 10, 2025

While a ruling is not expected for another month or so, several signs point to the Court of Appeal adjusting the May 2023 ruling by Mr Justice Marcus Smith at the High Court of England and Wales in a way that increases the damages for patent infringement that are ultimately awarded to Optis.

Licensing 52

Licensing Patent Infringement Patent Technology 52

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. and Ors (2023, Petition Withdrawn) Justice Pratibha M. Find it here.

Patent Infringement 59

Patent Infringement Litigation IP Intellectual Property 59

IP Watchdog

FEBRUARY 28, 2023

Microsoft on Monday February 6, 2023, and the CAFC issued its opinion in the case this past Thursday. citizen, sued Xiaomi, a Chinese multinational corporation, for patent infringement in New York. Court of Appeals for the Federal Circuit (CAFC) in Maalouf v. This case has curious origins.

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Inventor Patent Infringement Marketing Marketing 124

JD Supra Law

JANUARY 26, 2024

One of the characteristics of patent infringement litigation in the aftermath of the Supreme Court's decision in Markman v. Westview Instruments, Inc. holding that claim construction was a matter of law to be reviewed de novo by the Federal Circuit; but see Teva Pharma. Sandoz, Inc.)

Patent Infringement 68

Patent Infringement Litigation Law Patent 68

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 4, 2022

The Patent Office instituted reexamination of all asserted claims of the patent a few weeks after the court’s claim construction hearing and ruling in January 2022. The case is set for trial to begin in May 2023. Trial is set for January 2023. Onpoint Sys., Protect Animals With Satellites, LLC , No.

Litigation 71

Litigation Patent Patent Infringement 71

Patently-O

JANUARY 31, 2023

By Jason Rantanen It’s time for the January 2023 Federal Circuit statistics update! Given what happened in appeals this year, I’d expect an increase in Federal Circuit decisions in 2023, recognizing that it takes about 13 months on average from filing to decision. Edward Elgar forthcoming) (preprint available at [link] ).

Copying 72

Copying Intellectual Property Law Litigation Patent Infringement 72

JD Supra Law

FEBRUARY 15, 2024

The Commission’s injunctive powers provide an attractive forum for Complainants seeking relief from patent infringement litigation and other unfair acts. In 2023, the number of complaints filed in federal courts was down over previous years, and the ITC was no exception.

Patent Infringement 52

Patent Infringement Litigation Patent 52

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. So where do things stand in 2023? Business was booming.

Litigation 40

Litigation Patent Troll Settlement Technology 40

LexBlog IP

AUGUST 21, 2023

alleging that Pfizer’s respiratory syncytial virus (“RSV”) vaccine ABRYSVO infringes four U.S. patents covering GSK’s rival RSV vaccine, AVREXY. Food and Drug administration in May 2023 for use in adults over age 60, becoming the world’s first approved RSV immunizations for adults. Patent Nos.

Patent Infringement 52

Patent Infringement Patent Invention Litigation 52

JD Supra Law

APRIL 10, 2023

Clever covert spy activities during active litigation may backfire. DeSoto recommended dismissing all of Site 2020’s patent infringement claims against Superior Traffic with prejudice because Site 2020 acted in bad faith and “engaged deliberately in deceptive practices that undermine the integrity of judicial proceedings.”.

Patent Infringement 52

Patent Infringement Litigation Patent IP 52

The IP Law Blog

APRIL 27, 2023

Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue. In Apple v.

Patent 98

Patent Litigation Patent Infringement Invention 98

Patently-O

NOVEMBER 29, 2023

Vidal (No 23-135): This case challenges the “ Fintiv rule” that restricts the initiation of inter partes review in cases where parallel district court litigation is pending. Here, in a first case against Huawei, the Magistrate had recommended a narrow claim construction and non-infringement summary judgment. AT&T (No.

Patent Law 75

Patent Law Law Patent Art 75

JD Supra Law

JANUARY 9, 2024

As we have previously reported, in November 2023 Regeneron Pharmaceuticals, Inc. District Court for the Northern District of West Virginia, alleging patent infringement under the Biologics Price Competition and Innovation Act (“BPCIA”) based on the Defendants’ submission of aBLAs for their proposed biosimilars of EYLEA (aflibercept).

Litigation 65

Litigation Patent Infringement Reporting Patent 65

LexBlog IP

MARCH 5, 2023

Nu Tsai Capital, LLC, [2023-1146] (February 17, 2023), the Federal Circuit vacated a preliminary injunction against Lite-Netics patent-related speech, holding that the district court abused its discretion. Patent Nos. 6 for filing the most patent applications on behalf of those companies. In Lite-Netics, LLC v.

Patent Infringement 52

Patent Infringement Patent Intellectual Property Law Litigation 52

JD Supra Law

AUGUST 1, 2023

In an opinion released July 27, 2023, the Third Circuit affirmed a 2021 Tax Court decision upholding a pharmaceutical company’s immediate deduction of patent defense litigation costs in suits brought under the Hatch-Waxman Act. By: Eversheds Sutherland (US) LLP

Patent Infringement 52

Patent Infringement Patent Litigation 52

JD Supra Law

FEBRUARY 3, 2023

High Stakes: Hatch-Waxman Litigation Comes for Cannabis - GW Pharma, now a subsidiary of Jazz Pharmaceuticals, is no stranger to patent litigation. It previously found itself on the receiving end of a patent infringement lawsuit after being accused by Canopy Growth of using its patented extraction technology in 2020.

Marketing 52

Marketing Marketing Litigation Patent Infringement 52

IP Tech Blog

FEBRUARY 15, 2023

In a unanimous February 1, 2023 Order , a Federal Circuit panel granted Google LLC’s petition for a writ of mandamus directing the U.S. District Court for the Western District of Texas to vacate its order denying transfer of patent infringement claims to the Northern District of California.

Patent Infringement 57

Patent Infringement Patent Government Litigation 57

IP Watchdog

DECEMBER 14, 2023

And 2023 was no exception to that rule. Eli Lilly decisions provide a glimpse into what litigants can expect in the aftermath of the GSK v. Court of appeals for the Federal Circuit or the Supreme Court, they can be an important proving ground for the decisions rendered by those courts. As discussed below, the Zogenix v.

Litigation 97

Litigation IP Patent Infringement Intellectual Property 97

JD Supra Law

NOVEMBER 16, 2023

2021-1858, 2023 WL 7267010 (Fed. 3, 2023) - The consequences of pushing zealous advocacy beyond reasonable limits can be severe. million attorneys’ fee award to the alleged infringer after over a decade of patent infringement litigation. In re PersonalWeb Techs. By: Irwin IP LLP

Patent Infringement 62

Patent Infringement Litigation IP Patent 62

SpicyIP

SEPTEMBER 25, 2023

Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Image by rawpixel.com on Freepix Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. What’s the best way forward?

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Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

AUGUST 21, 2023

Aparajita wrote on the potential impact of the recently passed Jan Vishwas Bill, 2023. Read on for his take on what this means for future trademark litigations. Aditya is an attorney at Ira Law and represents Google in trademark litigation relating to keyword advertising. DRS Logistics. Anything important we’re missing out on?

Copyright Infringement 98

Copyright Infringement Trademark Copyright Advertising 98

Technology & Marketing Law Blog

OCTOBER 28, 2023

The manufacturer patented the drug but keeps the “data, specifications, and methods for manufacturing the drug confidential.” ” A generic manufacturer sought FDA approval, and the Yondelis manufacturer sued them for patent infringement. The parties are already in litigation. 2023 WL 7036466 (3d Cir.

Litigation 98

Litigation Blogging Confidentiality Law 98

JD Supra Law

APRIL 28, 2023

A nearly decade-long patent infringement clash between two pharmaceutical heavyweights reached its apogee on March 27, 2023, when the Supreme Court heard the two parties (and the government) argue an issue that will have wide-reaching impact on technology protections: the Patent Act’s enablement requirement, particularly as applied to functional genus (..)

Patent 52

Patent Litigation Patent Infringement Government 52

IP Watchdog

MARCH 10, 2023

Not often do such lofty constitutional principles intersect with patent litigation. 2023-1146 (Fed. 17, 2023), upholds strong free speech rights for patent holders. And if we the People are to govern ourselves, we must have these rights, even if they are misused by a minority.” Nu Tsai Capital, LLC, No.

Patent 75

Patent Litigation Government Patent Infringement 75

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.

Litigation 52

Litigation Patent Intellectual Property Branding 52

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. Intel case was before the Federal Circuit in December 2023.

Licensing 80

Licensing Patent Patent Infringement Litigation 80

The IPKat

AUGUST 8, 2022

Patent infringement and remedies 5. SEP litigation Overall, the responses from both SEP holders and implementers reported problems related to the efficiency or effectiveness of the ecosystem around SEPs. Competition and market functioning 3. Transparency in the system 4. Licensing of SEPs 6. Full press release here.]

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Government Publishing Patent Reporting 93

Patently-O

SEPTEMBER 26, 2023

1:23-cv-294, 2023 WL 6146706 (N.D. 20, 2023) , demonstrates the balancing act between a party’s interest in keeping information confidential and the public’s interest in open court records. These discussions involve both in-suit patents as well as an uninvolved patent. 3d 919, 938-39 (6th Cir.

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Confidentiality Patent Business Patent Infringement 114

The IPKat

FEBRUARY 19, 2023

Do common law doctrines such as the doctrine of (un)clean hands apply in the consideration of a patentee's claim for patent infringement in South Africa? Patentee not the patent! Bayer had sued Villa Crop for patent infringement. the patentee) and not the patent. its defence). Paras 64-65].

Intellectual Property 52

Intellectual Property Patent Infringement Law Patent 52

LexBlog IP

DECEMBER 19, 2023

In October 2023, the International Trade Commission (the “ITC”) ruled that the blood oxygen monitoring features in these devices infringed a patent from Masimo, a medical device company. The answer highlights some of the pros and cons of using the ITC to enforce patents over federal district courts.

Litigation 52

Litigation Patent Intellectual Property Patent Infringement 52

Patently-O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. 2023-1795 (Fed. After an extended bit of patent litigation, the parties entered a 2014 settlement agreement that included a mutual covenant not to challenge each other’s patents again until 2021.

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Patent Contracts Settlement Patent Infringement 64