IP Watchdog

JUNE 2, 2024

In Dragon Intellectual Property LLC v. Court of Appeals for the Federal Circuit held that a prevailing defendant in an otherwise “exceptional” patent infringement case could not recover attorney fees expended in a parallel inter partes review (IPR) proceeding because the defendant’s initiation of the IPR was “voluntary.”

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LexBlog IP

DECEMBER 19, 2023

Why then do the headlines on this story notably lack the large damage awards one would typically see in a finding of patent infringement? The answer highlights some of the pros and cons of using the ITC to enforce patents over federal district courts. § 1337), commonly referred to as a “Section 337 investigation.”

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Intellectual Property Law Blog

DECEMBER 15, 2023

Cloudbreak Therapeutics, LLC addresses whether an IPR petitioner can assert Article III standing on appeal based on potential infringement liability and potential preclusive effects on its patents. 10,149,820 (the “’820 patent”), which is directed to compositions and methods for treating pterygium.

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IP Watchdog

MARCH 15, 2022

In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. The plaintiffs have alleged that Moderna infringed U.S. and ModernaTX, Inc.

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IP Watchdog

MAY 7, 2024

Intellectual property litigation in the 21st century has brought to the fore systems for asserting infringement in which IP owners may be spared some of the huge expense of litigation by “routing” extra-judicial enforcement activities through a third party.

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IP Watchdog

APRIL 18, 2024

In patent litigation, damages issues are sometimes treated as an afterthought when compared to the issues of infringement and invalidity. However, achieving a client’s goals requires an attorney to place damages at the center of the litigation strategy from the very beginning.

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Litigation Patent Patent Infringement Intellectual Property 57

IP Watchdog

MARCH 8, 2023

government’s recent statement of interest filed in a patent infringement suit against Moderna’s COVID-19 vaccine. That statement argued that Moderna should be released from infringement liability under the terms of a government contract that “authorize[d] and consent[ed] to all use and manufacture” of any U.S.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 26, 2021

Fish attorney Kurt Glitzenstein spoke with The American Lawyer about Fish’s success on being the busiest patent litigation firm in the land. He discusses his goals and priorities as the Litigation Practice Group leader, where the firm is looking to expand in the next year, and more.

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Patently-O

SEPTEMBER 13, 2022

Recent Headlines in the IP World: Carmel Wroth and Joe Palca: Moderna Suing Pfizer, BioNTech for Patent Infringement in Development of COVID-19 Vaccine (Source: NPR). Sean Silcoff: BlackBerry’s US$600-Million Patent Sale in Doubt as Canadian-Led Lending Syndicate Bails (Source: The Globe and Mail). Source: Forbes.

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IP Watchdog

JANUARY 1, 2023

Substantial patent litigation activity occurred in the mRNA space in 2022, involving nearly all of the major mRNA and lipid nanoparticle (LNP) pioneers. Since this is the most significant happening in this space with respect to IP in 2022, this post will provide an overview of that activity as well as a summary exposure analysis.

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LexBlog IP

SEPTEMBER 25, 2023

At issue in this case ( Columbia II ) before the Federal Circuit are: (1) the proper scope of comparison prior art in design patent infringement cases; and (2) the effect of a logo on the infringement analysis. 4th 1380, 1382 (Fed. Curver Luxembourg, SARL v. Home Expressions Inc. , 3d 1334, 1340 (Fed.

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IP Watchdog

JUNE 22, 2023

Court of Appeals for the Federal Circuit (CAFC) ruled in a nonprecedential opinion that a Florida district court correctly dismissed a UK-based patent owner’s infringement case after he willfully disobeyed the court and disrupted the enforcement of a court order.

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IP Watchdog

JANUARY 10, 2022

In that ruling, the Federal Circuit found that Apple’s choice to enter a patent licensing agreement with Qualcomm covering the patents-at-issue extinguished Article III standing as to Apple’s appeals from the Patent Trial and Appeal Board (PTAB).

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IP Watchdog

MARCH 2, 2022

Continental appealed, but the Fifth Circuit said Continental’s claims should have been dismissed for lack of Article III standing because it had not proven that the SEP holders had “denied Continental property to which it was entitled and that Continental thereby suffered a cognizable injury in fact.”.

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IP Watchdog

FEBRUARY 2, 2023

Supreme Court filed on behalf of her company, Jump Rope Systems, LLC, on Tuesday that her case against Rogue Fitness is justiciable and the company has standing despite the cancellation of her patent claims by the U.S. Patent and Trademark Office (USPTO).

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LexBlog IP

MARCH 6, 2023

With the increased funding pouring into this sector has come a desire to protect the intellectual property in the products, research, and developments brought to market. Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials.

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IP Watchdog

JULY 22, 2022

The major streaming companies, including Disney, challenged WAG Acquisitions [of Woodsford Litigation Funding] patents before the Board; SharkNinja challenges Bissel patents on vacuum cleaners; and FedEx challenged patents owned by Raymond Anthony Joao’s ultra-litigious Transcend Shipping.

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IP Watchdog

APRIL 4, 2023

The CAFC affirmed all but the latter holding, explaining that the later-discovered prior art that was not part of the IPR petition must be held to a “skilled searcher” standard that it is the burden of the patent holder to prove is subject to IPR estoppel.

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The IPKat

SEPTEMBER 19, 2021

Patents PermaKat Annsley Merelle Ward informed about the UK litigation in Abbott v Dexcom, a patent dispute over glucose monitoring devices for diabetes. Abbott and Dexcom are currently in legal battlein US, Germany and the UK, each accusing the other of patent infringement and invalidity of the other party’s patents.

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Fish & Richardson Trademark & Copyright Thoughts

FEBRUARY 5, 2021

We have covered several introductory topics about 337 Investigations at the International Trade Commission (ITC) through the lens of its most common context [1] —as another forum for patent litigation. [2] 3] However, patent litigation is but one potential use of this forum. More questions?

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IP Watchdog

AUGUST 15, 2022

With Judge Alan Albright no longer a lock for patent litigants in the Western District of Texas, prospective claimants and their counsel should be rethinking their venue selection strategies. For those navigating this new world order, litigation funders serve as a valuable resource.

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IP Watchdog

MARCH 19, 2024

Last week, the Judicial Conference of the United States issued guidance on recently announced changes to case assignment policies designed to prevent gamesmanship in litigation filed in U.S. district court.

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IP Watchdog

SEPTEMBER 28, 2023

Twenty-five intellectual property luminaries sent a letter today to several members of Congress asking them to beware of misleading and inaccurate assertions by “activists and academics” that government price controls on drugs will lead to lower costs for consumers.

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IIPRD

JUNE 24, 2024

INTRODUCTION In today’s increasingly interconnected world, “Intellectual Property Rights” have emerged as a vital area, influencing global innovation, creativity, and economic development. Paris Convention for the Protection of Industrial Property, 1883.

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IP Watchdog

JULY 27, 2022

for Realtime Adaptive Streaming LLC’s “improper” litigation conduct. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential decision affirming a California district court’s award of attorneys’ fees in part to Netflix, Inc.

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IP Watchdog

JULY 23, 2023

Patent eligibility challenges under 35 U.S.C. § 101 have been effective tools at the pleading stage for parties defending allegations of patent infringement.

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LexBlog IP

JANUARY 10, 2022

. § 1337 (“Section 337”) to investigate and address unfair acts and unfair competition in the importation of articles into the United States. In comparison to litigating in U.S. Despite its effectiveness as a forum for patent owners, the ITC receives a limited number of complaints compared to the U.S.

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IP Watchdog

SEPTEMBER 8, 2022

authored by Circuit Judge Sharon Prost, affirming the District of Delaware’s dismissal of a patent infringement complaint filed by Arendi under the duplicative-litigation doctrine. district courts for patent infringement litigation. LG Electronics Inc.,

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Patent Infringement Litigation Patent Intellectual Property 57

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S.

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IP Watchdog

MAY 23, 2024

Applications for design patents have surged in recent years, with the U.S. Patent and Trademark Office (USPTO) reporting a 20% increase in applications over the last five years.

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Design Patent Designs Design Intellectual Property 57

IP Tech Blog

JANUARY 10, 2022

. § 1337 (“Section 337”) to investigate and address unfair acts and unfair competition in the importation of articles into the United States. Most Section 337 investigations address issues of patent infringement, but Section 337 investigations can also address infringement of other statutory intellectual property (trademarks, copyrights, etc.)

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IP Watchdog

SEPTEMBER 13, 2021

Mark Snyder, who has served as Senior Vice President and Deputy General Counsel for Litigation at Qualcomm since 2016, during his Luncheon Keynote on Day 2 of IPWatchdog LIVE 2021 suggested that the United States needs a new innovation policy. The current innovation policy consists of the following 18 words on the U.S. technological edge.”

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Intellectual Property Litigation Technology Patent Infringement 62

IP Watchdog

SEPTEMBER 13, 2021

Mark Snyder, who has served as Senior Vice President and Deputy General Counsel for Litigation at Qualcomm since 2016, during his Luncheon Keynote on Day 2 of IPWatchdog LIVE 2021 suggested that the United States needs a new innovation policy. The current innovation policy consists of the following 18 words on the U.S. technological edge.”

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Intellectual Property Litigation Technology Patent Infringement 62

LexBlog IP

MARCH 24, 2022

Consent Orders can be used in many situations, but often are used when an accused infringer has no desire to continue to import or sell the accused product and wants to avoid the cost of litigation over past conduct that has now ceased. Certain Neodymium-Iron-Boron Magnets, Magnet Alloys, and Articles Containing Same , Inv.

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Litigation Patent Patent Infringement IP 52

IP Watchdog

MAY 20, 2024

The court also rejected Dragon Intellectual Property, LLC’s argument that the case should not qualify as exceptional and rejected DISH Network, LLC’s argument that Dragon’s counsel should be held jointly and severally liable for the award of attorneys’ fees.

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Intellectual Property Patent Infringement Litigation Patent 57

IP Watchdog

MARCH 22, 2022

In denying these petitions, the Supreme Court turns down Intel Corporation’s challenge to the NHK-Fintiv discretionary denial framework at the Patent Trial and Appeal Board (PTAB), while the Court also dismissed an appeal asking whether a patent infringement case can be determined to be exceptional for purposes of awarding attorney’s fees without a (..)

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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.

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