The IPKat

FEBRUARY 23, 2023

In the fight against intellectual property rights (IPRs) infringements, China does not consider punitive damages as a taboo. On the contrary: it has embraced them as a useful tool. Notably, ‘intentionally’ and ‘serious circumstances’ are the two key elements.

Settlement 67

Settlement Patent Infringement Patent Intellectual Property 67

Traverse Legal Blog

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

IP Watchdog

MARCH 2, 2022

s suit against several standard-essential patent holders and their licensing agent, claiming violations of federal antitrust law and state law. Court of Appeals for the Fifth Circuit on Monday vacated and remanded a district court decision that had dismissed Continental Automotive Systems, Inc.’s

Licensing 109

Licensing Law Patent Patent Infringement 109

LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

IP Watchdog

FEBRUARY 4, 2024

A recent decision out of the Eastern District of Texas sheds further light on Judge Rodney Gilstrap’s interpretation of a patent owner’s commitment to the European Telecommunications Standards Institute (ETSI) pursuant to ETSI’s Intellectual Property Rights Information Statement and Licensing Declaration (“the ETSI Licensing Declaration”).

Intellectual Property 62

Intellectual Property Licensing Publishing Patent 62

SpicyIP

OCTOBER 3, 2021

Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in Articles 7 and 8 and how they find reflection in India’s Patent Act. Poster for Zolgensma.

Intellectual Property 121

Intellectual Property Licensing Music Copyright 121

IP Watchdog

DECEMBER 21, 2023

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.

Licensing 57

Licensing Government Patent Patent Infringement 57

IP Watchdog

SEPTEMBER 6, 2021

Despite these differences, we noted that these two concepts have often been treated interchangeably by courts, often leading to confusing results. Pursuant to appeal of that decision, however, the United States Court of Appeals for the Fifth Circuit has now addressed the photonegative question in HTC Corp.

Contracts 117

Contracts Law Patent Licensing 117

Intellectual Property Law Blog

APRIL 5, 2021

This article originally appeared in The Intellectual Property Strategist. Companies have historically turned to patent pools as vehicles for achieving shared objectives. A patent pool can be formed when a group of patent holders agree to pool their patents for some purpose. © 2021 ALM Media LLC.

Patent 100

Patent Licensing Intellectual Property Technology 100

IP Watchdog

AUGUST 25, 2023

Patent and Trademark Office (USPTO) announced Friday it is extending the deadline on its Request for Comments on anticounterfeiting and antipiracy strategies by one month, to September 25, 2023; tobacco company Altria files a complaint against e-cigarette maker Juul alleging patent infringement of e-cigarette technology; a Trader Joe’s workers’ union (..)

Patent Infringement 52

Patent Infringement Technology Patent Licensing 52

Patently-O

JANUARY 4, 2024

2024) A recent copyright infringement lawsuit filed by small Boston intellectual property boutique Hsuanyeh Law Group PC (HLG) against international giant Winston & Strawn LLP focuses a dividing line that can highlight when copying the work of another firm is permissible. Hsuanyeh Law Group v. 2013 WL 6242843, at *1 (N.D.

Plagiarism 122

Plagiarism Fair Use Copying Copyright Infringement 122

IP Watchdog

NOVEMBER 30, 2022

A group of 25 experts in intellectual property law sent a letter to Assistant Attorney General (AAG) Jonathan Kanter today in support of a business review letter that the group said, “represented a legally sound and evidence-based approach in applying antitrust law to innovative commercial institutions.”

Business 73

Business Intellectual Property Law Intellectual Property Licensing 73

SpicyIP

JANUARY 23, 2024

The plaintiffs were the licensees of Ibrutinib, which was also being manufactured and sold by several generic medicine companies (defendants), without a license, under various brand names. The Ibrutinib patent is set to expire in 2026. Manmohan Singh, and 2) additional arguments seeking revocation of the suit patent.

Intellectual Property 129

Intellectual Property Patent Blogging Marketing 129

IP Watchdog

DECEMBER 20, 2022

While 2022 was somewhat less eventful than 2021 in terms of significant developments in fair/reasonable and non-discriminatory (FRAND/RAND) licensing occurring in the United States, the past year still did not disappoint and underscores the continued and growing interest from government in the standards related patents space.

Licensing 67

Licensing Government Patent Patent Infringement 67

The IPKat

AUGUST 19, 2021

Book release PermaKat Eleonora Rosati's article-by-article commentary to the DSM Directive 2019/790 has just been released. This Kat would like to know why you rang As we get towards the end of another working week, it's time to see what news and events await. Registration is available here. Further details can be found here.

Intellectual Property 60

Intellectual Property Registration IP Patent Infringement 60

IP Watchdog

FEBRUARY 9, 2022

The appellate court for a second time ordered the district court “to make particularized determinations as to whether the third-party licensing information sought to be sealed should be made public.”.

Licensing 67

Licensing Patent Infringement Litigation Intellectual Property 67

SpicyIP

JULY 5, 2021

He notes that the Court considered this dispute concerning the breach of a trademark licensing agreement as arbitrable and referred it to arbitration. Reed Tech has been a partner to the USPTO for over 5 decades, providing services both in the patent application and patent evaluation and assessment processes. Golden Tobacco Ltd.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

IP Watchdog

SEPTEMBER 21, 2023

While the result is reasonable, the explanations provided by the court raise several questions.

Licensing 52

Licensing Patent Patent Infringement Litigation 52

IP Watchdog

SEPTEMBER 1, 2021

An inventor of a fundamental technology receives a patent less than three months after filing; despite the public disclosure of the patent, industry contemporaries fail to appreciate the invention’s significance for nearly two years; once appreciated, widespread adoption and infringement of the patent ensues.

Inventor 122

Inventor Patent Patent Infringement Licensing 122

IP Watchdog

NOVEMBER 6, 2022

and Uniloc 2017 all lacked standing to sue Motorola and Blackboard for patent infringement because it was collaterally estopped by a previous decision in its case with Apple. Court of Appeal for the Federal Circuit (CAFC) affirmed a district court decision that Uniloc USA, Inc., Uniloc Luxembourg, S.A.

Patent Infringement 73

Patent Infringement Licensing Patent Contracts 73

IP Watchdog

JANUARY 7, 2022

This week in Other Barks & Bites: China unveils its goals for improving IP rights during the country’s 14th Five-Year Plan, even as the country’s copyright administration announces a ban on most exclusive music licensing deals; the Federal Circuit affirms the validity of Novartis patent claims over Chief Judge Moore’s dissent over the majority’s (..)

Music 57

Music Licensing Patent Patent Infringement 57

IP Watchdog

APRIL 23, 2023

The European Union is reportedly considering sweeping new regulations for the licensing and litigation of standard essential patents (SEPs), which make fair-minded observers wonder whether any sane adults are in charge at the European Commission (EC).

Patent 131

Patent Licensing Litigation Marketing 131

IIPRD

OCTOBER 17, 2022

In the present case too there will be many legal issues related to Intellectual Property. There is an urgent need to shed some light on intellectual property infringement in this virtual world which will be dealt with further in the article. Intellectual Property and Metaverse.

IP 52

IP Non-Fungible Tokens Intellectual Property Trademark 52

IP Watchdog

JANUARY 12, 2022

While all three panelists agreed that the IP waiver discussion has become a distraction that will not solve the fundamental problems, Iancu and Kappos were especially passionate that the precedent set by the U.S. government’s decision to back the proposal could do very real harm, rather than good.

IP 123

IP Intellectual Property Technology Trademark 123

IP Watchdog

FEBRUARY 13, 2023

s patent on an isolated form of vitamin B3 are directed to unpatentable subject matter under Section 101. ChromaDex sells dietary supplements embodying the patent, which it licenses from Dartmouth College, and sued Elysium for patent infringement in 2018. Judge Prost authored the opinion.

Patent 73

Patent Patent Infringement Licensing Litigation 73

IP Watchdog

JANUARY 12, 2022

In Part I of this series of articles, we provided an overview of the 2013 and 2019 policy statements that preceded the 2021 Draft Policy Statement.

Licensing 57

Licensing Patent Infringement Business Technology 57

IP Watchdog

MAY 8, 2024

Additionally, the jury found G+ had not “breached its [fair, reasonable and non-discriminatory] FRAND obligation by failing to offer a license to the Asserted Patents to Samsung that was fair, reasonable, and non-discriminatory, and by failing to act in good faith regarding negotiations with Samsung as to a FRAND license covering the Asserted Patents.” (..)

Licensing 57

Licensing Patent Patent Infringement Technology 57

IP Watchdog

MAY 11, 2022

Four scholars with the International Center for Law & Economics (ICLE) have sent comments to the European Commission urging against any changes to the EU’s legal framework for licensing of standard-essential patents (SEPs) that would limit SEP holders’ ability to seek injunctions against alleged infringers.

Licensing 104

Licensing Law Patent Patent Infringement 104

IP Watchdog

AUGUST 31, 2021

The case stems from HTC’s refusal of a 2016 licensing deal in which Ericsson proposed a rate of $2.50 per 4G device to license its standard essential patents for mobile devices. per device in 2017, which was based on the “smallest salable patent-practicing unit.” Although HTC had previously paid Ericsson about $2.50

Licensing 126

Licensing Patent Patent Infringement Litigation 126

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. with honors from Emory University, where she was the articles editor of the Emory Law Journal. Chet Campbell focuses his practice on patent litigation at the U.S. Moore of the U.S.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

The IP Law Blog

FEBRUARY 2, 2023

Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). The patent covered a design for a vehicle front fender.

Design Patent 98

Design Patent Designs Design Patent 98

IP Watchdog

JANUARY 10, 2024

Notwithstanding this transcendental precedent, Judge Rodney Gilstrap recently declined to extend such a notion to patents subject to Fair, Reasonable and Non-Discriminatory (FRAND) licensing related obligations.

Licensing 52

Licensing Patent Patent Infringement Technology 52

IP Watchdog

OCTOBER 27, 2022

The England and Wales Court of Appeal this morning said that Optis Cellular Technology is entitled to an injunction before a lower court has set fair, reasonable and non-discriminatory (FRAND) terms for a license to Optis’ standard essential patents (SEPs) if Apple refuses to take a court-determined FRAND license.

Licensing 70

Licensing Technology Patent Patent Infringement 70

IP Watchdog

JANUARY 3, 2024

entered into a settlement and license agreement in 2014, following years of patent litigation over their competing glucose monitoring system patents. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential ruling that affirmed a district court’s denial of preliminary injunction to DexCom, Inc.,

Settlement 57

Settlement Contracts Government Licensing 57

IP Watchdog

APRIL 12, 2022

Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Niazi Licensing Corp. in which the court affirmed most of a ruling from the District of Minnesota, including sanctions against Niazi for improper use of expert testimony, as well as a finding of no induced infringement by St. On April 11, the U.S.

Licensing 113

Licensing Patent Patent Infringement Litigation 113

IP Watchdog

NOVEMBER 9, 2021

tandard Setting Organizations (SSOs) exist as a mechanism for industry innovators to work together to collectively identify and select the best and most promising innovations that will become the foundation for the entire industry to build upon for years to come.

Licensing 113

Licensing IP Technology Patent 113

LexBlog IP

FEBRUARY 2, 2023

Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). The patent covered a design for a vehicle front fender.

Design Patent 52

Design Patent Designs Design Patent 52