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In Plant-e v Bioo the UPC provided its first decision addressing the doctrine of equivalents in patentinfringement proceedings ( UPC_CFI_239/2023 ). Legal background: Equivalence around Europe The Unified Patent Court Agreement (UPCA) contains no specific provisions on the doctrine of equivalence.
The Affordable Prescriptions for Patients Act (APPA) of 2023 unanimously passed the Senate on July 11, 2024. The APPA was first introduced to the House on January 30, 2023 by Representative John Cornyn (R-Tx), with the aim of reducing drug prices. The APPA would revise certain provisions of 35 U.S.C. §
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.
For the third consecutive month, Tesla finds itself involved in a new patentinfringement 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. In litigation news. By: Mintz - Energy & Sustainability Viewpoints
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.
COVID-19 Vaccine PatentInfringement? The Battle Between Moderna and Pfizer/BioNTech Continues Last month, the patent battle between COVID-19 mRNA vaccine manufacturers continued with BioNTech/Pfizer filing a strong defense and counter-claim to Moderna’s allegations of patentinfringement. Patent no. ’127
The case addressed longstanding questions about the jurisdiction of European courts when patent invalidity is raised as a defence in an infringement case. The CJEU found that national courts maintain jurisdiction over infringement claims against defendants domiciled in their territory, even when invalidity of foreign patents is raised.
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.
Cyntec”) owns patents directed to electronic components for automobiles known as chokes. Cyntec’s patents sought to solve this issue by claiming chokes with a combination of two different magnetic powders. Chilisin”) for patentinfringement, alleging that Chilisin willfully manufactured and sold infringing chokes.
” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust. Patent Nos. And, in addition, Light-Netics sent a notice to various light stores warning them that HBL lights were infringing. Light-Netics sued for infringement, HBL responded with unfair competition counterclaims.
International Trade Commission (ITC) remain an efficient and powerful method for American businesses seeking relief from foreign acts of unfair competition, including infringement of intellectual property rights. In 2024, the number of complaints filed at the ITC rebounded after the low in 2023.
Adding another leaf to the FCM patent litigation saga, the Delhi High Court on September 19 refused to grant an interim injunction to Vifor considering the launch of the Biological E’s product in the market. This analysis centers on how this particular order contributes to clarifying the existing dilemma surrounding the FCM patent.
in the Western District of Texas on February 22, 2023. Earlier, AuthWallet sued credit card processors for infringing different patents on similar technology. AuthWallet brought suit against Amarillo National Bank, Cullen/Frost Bankers, Inc., Fiserv, Inc. in other Texas Federal Courts in 2022. By: Thompson Coburn LLP
On 2 June 2023, the Unified Patent Court (UPC) received its first patent challenge of its existence. The UPC is a new patents court which came into force on 1 June 2023, made up of judges who are nationals of EU Member states that are participating in the UPC. What is the UPC?
PACid Technologies, LLC sued a major financial institution (the “Bank”) on March 7, 2023. Patent Nos. The suit is pending in the Western District of Texas – Austin Division. PACid alleges it owns U.S. 9,577,993, 9,876,771, 10,044,689, 10,171,433, 10,484,344, and 11,070,530 each entitled “System and Method for Authenticating Users.”.
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.
22, 2023) - The Kohler Co. is pursuing design patentinfringement claims for one of its many fixtures. The Wisconsin-based company says an importer is profiting from Kohler’s designs and has filed a patentinfringement lawsuit to stop Sweethome from selling certain faucets. Sweethome d/b/a Sweethome247.com,
This post will focus on another key issue from the case – the relevance of logos in design patentinfringement analysis. 2013) (“[The accused infringer] has in fact scrupulously avoided such confusion by choosing a starkly different logo that it prominently displays on its [products] and on all its sales and marketing literature.”).
The Supreme Court's foray into what it takes to enable someone to make a patented invention, the patentinfringement implications of labels on generic drugs and a dispute over which arguments can be in court following an inter partes review are among the patent cases attorneys will be tracking this year.
Sonos and Google have finally ended their long patentinfringement disputes. The primary contention here is that Google was accused of infringing Sonos’ patents covering their sound technology and smart speakers. Sonos is the owner of US patent numbers 10,848,885 and 10,469,966. It was formed in 2002. Google Inc.
Over to Ian : "In European Patent Office (EPO) opposition proceedings, a company accused of patentinfringement has the right to intervene. In T 1286/23 , related to European patent 2941163, the Board of Appeal has questioned this approach and referred the matter to the Enlarged Board of Appeal for consideration.
On Friday afternoon, the IEEE Standards Association Board of Governors (IEEE SA BOG) announced they had taken action to update the Patent Policy for IEEE standards development.
Garmin”) for patentinfringement in the Central District of California on March 6, 2023. The lawsuit alleges that Garmin’s Forerunner 45/45S smartwatch infringes U.S. Health Tracker Systems LLC (“Health Tracker”) sued Garmin International, Inc.
Nu Tsai Capital LLC, 2023-1146, 2023 WL 2054370, F.4th Lite-Netics therefore could not be enjoined, using the tortious interference/defamation torts, from suggesting that HBL is a patentinfringer, that HBL has copied Lite-Netics’s lights, or that HBL customers might be sued. 4th - (Fed. But we are in new days now.
15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patentinfringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Design Patent No. In Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. 2021-2299, 2021-2338 (Fed.
HCM”) sued Philip Morris for patentinfringement accusing Philip’s “electronic nicotine delivery system” called the IQOS system. HCM’s patent claims an electronic smoking device, that includes a limitation that recites a “combustible material reservoir” that “initiat[es] a combustion reaction in the combustible material reservoir.”
by Dennis Crouch The following is my patent law exam from this past semester. This year’s exam is very loosely based upon an interesting patent that I found associated with the Tow Whee product created by Eric Landis. After talking again with Jane, EL decided to patent the device. Question 3. What do you think?
On January 31st, 2023, a jury awarded $42 million to medical device company TissueGen in a patentinfringement case against Boston Scientific for infringement of U.S. The ’296 patent relates to a drug releasing biodegradable fiber implant which allows for controlled delivery of therapeutic agents.
involves an allegation of patentinfringement over United States Patent No. Court documents state the patent at issue is for a “Vessel Rinsing Apparatus,” that was issued on August 15, 2023. 11,725,369.
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 patentinfringement in New York. Court of Appeals for the Federal Circuit (CAFC) in Maalouf v. This case has curious origins. In other words, a U.S.
The Unified Patent Court (UPC) has again faced several questions about the granting of provisional measures. The Munich Local Division was also asked to consider whether the patent owner had unreasonably delayed the commencement of the action. Sumi Agro obtained several market authorisations for Kagura in 2023 and 2024.
On August 17, 2023, the Federal Court issued its decision in Angelcare Canada Inc. 2023 FC 1111) regarding the Plaintiffs’ entitlement to certain remedies for patentinfringement. v Munchkin Inc. and Munchkin Baby Canada Ltd.
The Unified Patent Court (UPC) is only a fortnight away; it will go live on June 1, 2023. Whereas Part 1 focused on the designated UPC judges, Part 2 on the timelines and Part 3 on the remedies that are available at the UPC, this Part 4 will address the financial aspects of UPC infringement proceedings.
by Dennis Crouch In most patent cases, the parties jointly agree to a system limiting the publication of confidential case information and typically file a stipulated motion for protective order seeking the a judicial order requiring the parties to comply. 1:23-cv-294, 2023 WL 6146706 (N.D. Nature’s Way Bird Products, LLC , No.
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 patentinfringement of U.S. Patent 9,087,321 (“the ’321 patent”) and U.S. 35 U.S.C. §
The Unified Patent Court (UPC) will go live in less than a month, on June 1, 2023. Thus, it’s time to prepare for the biggest change in the global IP landscape in more than a decade. To facilitate such preparation, we will be providing a series of five articles that will deal with the most important aspects of the UPC.
Mo 2023) Bayer and its subsidiary Monsanto have filed a new set of patentinfringement 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.
Texas, June 26, 2023) - Virtual and augmented reality technology increasingly is finding a place in a wide range of industries, and home furnishings is no exception. AR Design Innovations LLC v. Rove Concepts Ltd., 2:23cv310 (E.D. By: Womble Bond Dickinson
by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund, No.
The Commission’s injunctive powers provide an attractive forum for Complainants seeking relief from patentinfringement 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.
On January 17, 2023, Judge Nelson Romàn (S.D.N.Y) granted a motion by defendants LifeCore Fitness (“LifeCore”) and Assault Fitness (“Assault”) to dismiss state law claims as pre-empted or time-barred in a patentinfringement case involving treadmill designs. January 23, 2023). See Speedfit LLC v. LifeCore Fitness Inc.,
Section 337 investigations are also known as unfair import investigations, and usually include allegations of patentinfringement and trademark infringement by imported goods. By: Haug Partners LLP
In October 2023, Teva Pharmaceuticals filed a patentinfringement lawsuit against Amneal Pharmaceuticals alleging that their generic version of Tevas ProAir HFA inhaler infringed upon the asserted claims of U.S. Patent Nos. 8,132,712, 9,463,289, 9,808,587, 10,561,808, and 11,395,889. By: Fish & Richardson
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.
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