IP Watchdog

NOVEMBER 30, 2022

What began as a patent infringement case has swerved into judicial ethics waters, due to the ruling of the Federal Circuit Court of Appeals. Patent and Trademark Office (USPTO).

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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

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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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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Patent Infringement Government Patent Contracts 104

Fish & Richardson Trademark & Copyright Thoughts

JUNE 15, 2022

Masimo Corporation ,¹ a decision instituting inter partes review (IPR) despite arguments from the patent owner that proceedings at the Patent Trial and Appeal Board (PTAB) would be inefficient given the overlapping prior art issues litigated concurrently in the co-pending district court case. Sotera Wireless, Inc. Fintiv, Inc.

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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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Litigation Patent Intellectual Property Patent Infringement 52

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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IP Watchdog

MAY 15, 2024

Court of Appeals for the Federal Circuit (CAFC) Judge Pauline Newman made of attendees of IPWatchdog’s Patent Litigation Masters 2024 program on Monday, imploring them to “think creatively” to solve the intellectual property problems of today. "Make it happen.” That was the request U.S.

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Fish & Richardson Trademark & Copyright Thoughts

MARCH 31, 2022

The Hatch-Waxman Act provides a safe harbor for activities that would otherwise constitute patent infringement so long as those activities are reasonably related to the submission of a product for FDA approval. Disclaimer: Fish and Richardson P.C. represents REGENXBIO Inc. in this matter.

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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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Patent Infringement Inventor Patent Technology 62

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 Tech Blog

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 IP Patent Infringement 62

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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The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

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IP Watchdog

DECEMBER 9, 2022

This week in Other Barks & Bites: the Office of the United States Trade Representative says it supports delaying a decision to extend the waiver of IP rights under the TRIPS Agreement to diagnostics and therapeutics and orders an investigation be conducted on the matter by the U.S.

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IP Patent Infringement Licensing Litigation 57

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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Litigation Patent Patent Infringement Government 109

Patently-O

DECEMBER 4, 2022

Recent Headlines in the IP World: Matt Birney: Proteomics Secures Hong Kong Patent for Kidney Disease Test (Source: The West Australian). Jesse Coghlan: Apple Job Listings and Patents Hint at Foray into ‘3D Mixed-Reality World’ (Source: Cointelegraph). Source: WIPO IP Portal. Barclay Damon – IP Litigation Associate.

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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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Intellectual Property Litigation IP Patent 62

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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Patent Infringement Patent Litigation Art 52

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

DECEMBER 14, 2023

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. And 2023 was no exception to that rule. As discussed below, the Zogenix v. Apotex and Teva v.

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Litigation IP Patent Infringement Intellectual Property 97

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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Intellectual Property Patent Journalism Patent Infringement 67

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

MAY 3, 2023

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.

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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

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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Litigation Patent Infringement Intellectual Property Patent 67

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 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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False Advertising IP Patent Infringement Intellectual Property 57

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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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

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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False Advertising Intellectual Property IP Patent Infringement 52

Patently-O

JULY 5, 2021

Recent Headlines in the IP World: John Power: Government of Canada Announces New Independent Regulator for Patent and Trademark Agents (Source: CISION). Mikey Campbell: Apple Seeks to Halt Latest VoIP-Pal Patent Infringement Litigation (Source: Apple Insider). Commentary and Journal Articles: Atty.

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Patent Journalism Patent Infringement Branding 57

LexBlog IP

MARCH 6, 2023

Coastal Harvest, LLC , denied a Motion to Dismiss asserting the illegality doctrine against cannabis related patents for extracting compounds from plant materials. 1] Similarly, a Colorado court found the illegality doctrine did not bar a design patent infringement suit involving a TOKER POKER hand tool [2]. 23, 2022). [1]

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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 109

IP Watchdog

SEPTEMBER 6, 2021

In a previous article, we discussed the difference between a reasonable royalty for patent infringement and a FRAND licensing rate, both in terms of their origins and objectives: the former being a creature of statute and case law that seeks to compensate a patent owner for infringement, whereas the latter is rooted in contract and seeks, amongst other (..)

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IP Watchdog

APRIL 29, 2024

GlaxoSmithKline filed a four-count civil action for patent infringement in the United States District Court for the District of Delaware late last week seeking damages for Pfizer and BioNTech’s infringing manufacture, use, sale and marketing of both the original “monovalent” and “bivalent” Comirnaty COVID-19 vaccines.

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