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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Licensing Patent Invention Patent Infringement 105

IP Watchdog

AUGUST 4, 2021

Court of Appeals for the Federal Circuit (CAFC) affirmed the Eastern District of Texas’ partial grant of Victoria’s Secret Stores LLC, Victoria’s Secret Stores Brand Management Inc, and Victoria’s Secret Direct Brand Management’s (the Defendants) motion to dismiss Andra Group, LP’s (Andra’s) patent infringement suit for improper venue.

Patent Infringement 68

Patent Infringement Branding Brands Branding 68

IP Watchdog

APRIL 1, 2024

lost its patent infringement cases against Simon Property Group/Blackhawk Network and Cigna Corporation in two separate decisions issued by the U.S. AlexSam, Inc. Court of Appeals for the Federal Circuit (CAFC) on Monday, April 1. AlexSam owns U.S. 6,000,608, which discloses a “multifunction card system.”

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Patent Patent Infringement Invention Litigation 58

SpicyIP

JULY 25, 2023

Patent eligible subject matter refers to subject matter that is inherently suited for patent protection. Section 3 of the Patents Act, 1970 is the key section on “patent eligibility” and lists out what are not “inventions”. For mRNA, sections 3(c), 3(d), 3(i) and 3(j) are of relevance.

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Patent Invention Litigation Law 78

Patently-O

DECEMBER 6, 2023

Gary Shaked (Dafni) holds several patents on hair straightening brushes, and the business took off as a video of the time-saving tool went viral. Dafni sued Ontel and others for patent infringement based upon several utility and design patents. Dafni responded with an IPR of one of the patents. Fox Factory, Inc.

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Invention Litigation Patent Design Patent 67

LexBlog IP

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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Marketing Marketing Settlement Patent 52

IP Watchdog

JANUARY 11, 2022

The Wright brothers did not build commercial aviation, and yet commercial aviation was born thanks to the Wright brothers’ invention. This short article focuses on how risk – in the economic and legal sense – changes over time, and what this implies for patent licensing dynamics.

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Licensing Business Marketing Marketing 121

Fish & Richardson Trademark & Copyright Thoughts

JANUARY 4, 2021

Fish attorneys John Dragseth and Nitika Gupta Fiorella authored a Law360 Expert Analysis article discussing the post-grant appeals that drove a lot of the legal activity at the Federal Circuit this past year despite the pandemic and what the notable developments in 2020 may mean for 2021. Post-Grant Review Cases | Law360. [4]

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Art Litigation Invention Technology 40

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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Litigation Patent Infringement Patent Invention 110

LexBlog IP

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article.

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Design Patent Designs Design Patent 52

The IP Law Blog

JUNE 9, 2022

A design patent protects a new, original, ornamental design for an article of manufacture. Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. The design must be a design for a specific article; it cannot exist independently of the article. 35 USC section 171.

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Design Patent Designs Design Patent 52

IP Watchdog

NOVEMBER 2, 2022

Court of Appeals for the Federal Circuit (CAFC) decision upholding a Patent Trial and Appeal Board (PTAB) finding of unpatentability. Eagle Forum Education and Legal Defense Fund and the Fair Inventing Fund filed briefs in support of the jump rope company while DivX filed in support of neither party.

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Inventor Invention Patent Infringement Patent Law 68

IP Watchdog

FEBRUARY 16, 2022

This patent infringement case is potentially one of the largest of the year and is related to very important technology that miniaturized radio frequency (RF) transceivers, thus paving the way for the invention of the smartphone. Qualcomm in Federal Court in the Middle District of Florida and reviewed the court briefs.

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Patent Infringement Technology Invention Patent 98

IPilogue

APRIL 22, 2022

This article delves into the legal doctrines that support the parties’ claims and the overarching strategy to their settlement. ViiV alleges Gilead infringed upon patent 385 under the doctrine of equivalents, which has two exclusions: dedication-disclosure and specific exclusion. sales of Biktarvy. Concluding Remarks.

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Patent Settlement Invention Inventor 120

Delaware Intellectual Property Litigation Blog

AUGUST 21, 2021

Among its numerous findings of fact and conclusions of law contained in the Opinion, the Court concluded that the ‘309 patent is not invalid due to anticipation by the Pan article. at *13-31.

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Law Patent Invention Copying 97

IP Tech Blog

APRIL 27, 2023

A number of district courts, as well as the Court of Appeals for the Federal Circuit, have weighed in on whether and to what extent a patent challenger in an inter partes review (IPR) before the Patent Trial and Appeal Board may be estopped from making prior art based challenges in a district court litigation.

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Art Litigation Patent Patent Infringement 57

The IP Law Blog

NOVEMBER 18, 2021

District Court for the Northern District of California, the Court upheld the Patent Trial and Appeal Board’s (PTAB) practice of denying patent reviews due to looming trials in district court. Under the America Invents Act (AIA), 35 U.S.C. § An IPR functions similar to a civil litigation once instituted. 100 et seq. ,

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Litigation Patent Technology Invention 75

IP Watchdog

MAY 22, 2024

Nokia moved for summary judgment arguing that Core Optical lacked standing to sue because the inventor named on the patent, Dr. Mark Core, had already assigned the invention to his employer, TRW, Inc., where he worked at the time of the invention.

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Inventor Contracts Invention Technology 58

Patently-O

FEBRUARY 24, 2022

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. The parties settled the litigation before the IPRs were complete, but agreed that the IPRs could continue. The settlement also included a license to thousands of Qualcomm patents.

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Patent Law Law Patent Litigation 95

LexBlog IP

APRIL 27, 2023

A number of district courts, as well as the Court of Appeals for the Federal Circuit, have weighed in on whether and to what extent a patent challenger in an inter partes review (IPR) before the Patent Trial and Appeal Board may be estopped from making prior art based challenges in a district court litigation.

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Art Litigation Patent Confidentiality 52

IP Watchdog

MAY 30, 2023

The ANPRM, among many other things, raises the question whether the Office should discretionarily deny post grant proceedings filed by for-profit, non-competitive entities that in essence seek to shield actual real-partiesin interest (RPIs) and privies from the statutory estoppel provisions contained within the America Invents Act (AIA).

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Invention Publishing Patent Trademark 113

IP Watchdog

AUGUST 9, 2021

As we move into an era of Artificial Intelligence (AI), quantum computing, and 5G telecommunications that supports Kurzweil’s vision, we must make sure that our laws and federal agencies match the pace of invention and protect innovators from trolls who would game the legal system and government functions for their ill-gained profit. .

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Government Invention Technology Law 145

IP Watchdog

APRIL 21, 2022

Court of Appeals for the Federal Circuit (CAFC) seeking an initial hearing en banc to challenge a consent judgment entered in a patent infringement case filed in the Southern District of Ohio. On April 19, exercise equipment developer Jump Rope Systems filed a petition with the U.S. Trans Ova Genetics, L.C.

Patent Infringement 118

Patent Infringement Patent Invention Litigation 118

IP Watchdog

FEBRUARY 15, 2023

Court of Appeals for the Federal Circuit (CAFC) on Wednesday issued a precedential opinion clarifying the requirements for the disclosure of technology that is ready for patenting at a public event to qualify as being “in public use” for purposes of the pre-America Invents Act (AIA) public use bar under 35 USC 102(b).

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Public Use Invention Technology Patent 68

LexBlog IP

NOVEMBER 18, 2021

District Court for the Northern District of California, the Court upheld the Patent Trial and Appeal Board’s (PTAB) practice of denying patent reviews due to looming trials in district court. Under the America Invents Act (AIA), 35 U.S.C. § An IPR functions similar to a civil litigation once instituted.

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Litigation Patent Technology Invention 40

IP Watchdog

FEBRUARY 15, 2022

Patent and Trademark Office (USPTO) Director Andrei Iancu via precedential Patent Trial and Appeal Board (PTAB) decisions.

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Invention Trademark Patent Law 97

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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Patent Licensing Intellectual Property Technology 100

IP Watchdog

JULY 18, 2022

Judge Pauline Newman dissented, accusing the majority of departing “from the rule that patent claims are construed in accordance with the invention described in the specification.”. The CAFC, with Chief Judge Moore writing, said the district court’s ruling was based on an erroneous claim construction.

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Patent Invention Law Technology 63

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 2, 2020

The USPTO is willing to issue patents on cannabis irrespective of its legality because patent rights are merely negative rights; a patent is the right to exclude others from the invention claimed therein rather than a license to make, use, or sell the invention. Patent Litigation.

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IP Registration Trademark Branding 52

Patently-O

JANUARY 12, 2023

Prior to the Myriad decision, research groups around the world were able to obtain patents on newly identified pathogen genomic sequences, including those of the H5N1 influenza strain and the SARS and MERS coronaviruses. Thus, while various litigation doctrines may tend to lessen the threat of pathogen patents in the U.S.,

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Business Patent Technology Marketing 89

The IPKat

JULY 13, 2021

Over to Stibbe for their view from Belgium : "Loyal IPKat readers followed with interest the half-year catch-ups of Dutch , French and German patent litigation. As a result, one of the most significant changes of the last months in the practice of patent litigation was the need to learn how to plead a case wearing a face mask!

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Litigation Law Patent Invention 64

Patently-O

FEBRUARY 19, 2023

by Dennis Crouch Rule 1 of the Federal Rules of Civil Procedure sets out a bold goal for civil litigation: “ the just, speedy, and inexpensive determination of every action.” ” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust. Judge Buescher (D.Neb.)

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Patent Infringement Cease and Desist Patent Invention 120

IIPRD

JUNE 24, 2024

This article sheds light on the foundational frameworks and pivotal agreements that govern the rights and responsibilities of creators, innovators, and consumers worldwide. As a result, the number of cross-border conflicts and patent infringement litigation is increasing.

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IP Watchdog

OCTOBER 8, 2023

Intel Corporation, an appeal following the massive $2.175 billion damages verdict handed by a Western Texas jury in March 2021 to VLSI for Intel’s infringement of two computer processor patents. On October 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) heard oral arguments in VLSI Technology LLC v.

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Technology Patent Invention Patent Infringement 63

IP Watchdog

AUGUST 22, 2022

Patent and Trademark Office (USPTO) Director Review of the Patent Trial and Appeal Board (PTAB) institution decisions in OpenSky Industries, LLC v. VLSI Technology LLC, IPR2021-01064 and Patent Quality Assurance, LLC v. Late last week, the parties to the U.S. VLSI Technology LLC, IPR2021-01229, filed their opening briefs.

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Technology Trademark Patent Invention 82

Patently-O

JANUARY 16, 2022

Chief Justice Roberts Pledges to Review Patent Venue Rules (Source: Reuters). Ryan Selby: PODA Granted US Patent for Closed Bottom Vaporizer Pod (Source: Cision). Nike Sues Lululemon for Patent Infringement Over Mirror Home Gym (Source: Global News). Commentary and Journal Articles: Prof. Source: USPTO.

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Patent Journalism Contracts Patent Application 67

LexBlog IP

DECEMBER 30, 2022

As a recent article by Quinn Emanuel’s Jordan Jaffe, Jared Newton, Patrick Curran and Anil Makhijani predicts, the importance of trade secret protection for AI will likely grow due to the fact that many AI-related inventions are implemented through software processes running on computer hardware.

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