IPilogue

MAY 30, 2022

This article was written as a requirement for Prof. In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings.

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Intellectual Property Patent Infringement Patent Design Patent 112

IP Watchdog

MARCH 9, 2025

focusing, in particular, on the CAFCs findings regarding interpretation and performance of the contractual obligation associated with the licensing declaration utilized by the European Telecommunications Standards Institute (ETSI) as set forth in the ETSI IPR Policy. Lenovo (United States), Inc.

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Licensing Technology Patent Infringement Intellectual Property 52

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.

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Contracts Law Patent Licensing 119

IP Watchdog

MARCH 10, 2025

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.

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Licensing Patent Infringement Patent Technology 52

IP Watchdog

DECEMBER 17, 2024

With respect to patents subject to a commitment regarding licensing on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, 2024 saw several notable developments impacting the United States. courts limit the enforcement of foreign patents, as well as attempts to have the rates for U.S.

Licensing 52

Licensing Government Patent Patent Infringement 52

IP Watchdog

MAY 2, 2024

reversing a Western District of Texas ruling that dismissed patent infringement claims for lack of constitutional standing. Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Tech LLC v. Zebra Technologies Corp.

Patent 64

Patent Patent Infringement Technology Licensing 64

IPilogue

NOVEMBER 1, 2022

I will summarize here two published views on existing solutions to this IP problem: in a May 2022 article in The Journal of World Intellectual Property, Muhammad Z. examined two existing ways to tackle the problem: compulsory licensing and voluntary licensing. Ballardini et al.

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IP Intellectual Property Licensing Journalism 119

The IPKat

FEBRUARY 23, 2023

Where it is difficult to determine the losses suffered by the right holder or the profits earned by the infringer, the amount shall be reasonably determined by reference to the multiple of the amount of the royalties for the patent license. Notably, ‘intentionally’ and ‘serious circumstances’ are the two key elements.

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Settlement Patent Infringement Patent Intellectual Property 72

IP Watchdog

OCTOBER 18, 2024

This week in Other Barks & Bites: OpenAI explains its defensive patent strategy in a short blog post; GlaxoSmithKline sues Moderna for patent infringement related to the COVID-19 vaccine; and patent offices from the European Union, Japan, and the United States meet to discuss collaborative strategies for sustainable innovation.

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Patent Blogging Patent Infringement Licensing 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.

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Inventor Patent Patent Infringement Licensing 123

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

APRIL 21, 2023

In late March, news broke that the European Commission was drafting sweeping regulations on the licensing of standard essential patents (SEPs). In its current form, the new regulatory framework would encourage increased transparency in SEP licensing through several new policies and procedures.

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Licensing Intellectual Property Patent Patent Infringement 75

IP Watchdog

APRIL 12, 2024

This week in Other Barks & Bites: three advocacy groups call on President Biden’s administration to use federal law to license the production and cut the price of an expensive cancer drug; an Illinois jury rules that Amazon owes Kove IO $525 million in a patent infringement case; and Representative Adam Schiff (D-CA) introduces legislation to (..)

Patent Infringement 69

Patent Infringement Licensing Patent Copyright 69

IP Watchdog

OCTOBER 8, 2024

Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion affirming-in-part, vacating-in-part, and remanding a district court’s dismissal of a patent infringement complaint filed by AlexSam, Inc. 6,000,608 (“’608 patent”). Today, the U.S. against Aetna, Inc.

Patent Infringement 59

Patent Infringement Patent Marketing Marketing 59

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 127

Licensing Patent Patent Infringement Litigation 127

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 69

Licensing Patent Infringement Litigation Intellectual Property 69

Patently-O

JANUARY 4, 2024

Winston Strawn Plagiarism Complaint Winston Strawn Plagiarism Attachments I recall being asked to draft my first patent infringement complaint back in early 2003 – a few months after graduating from law school. He responded that he was responsible for the briefs but had relied heavily upon a published article.

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Plagiarism Fair Use Copying Copyright Infringement 124

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).

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Patent Licensing Litigation Marketing 131

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

Patently-O

MAY 15, 2024

Although Dick/Edison had patented the machine, they were an early adopter of the subscription model and wanted to also be the exclusive seller of copying supplies. Third party ink seller Sidney Henry sold ink to a buyer of the machine, despite knowing of the restriction, and was sued for contributory patent infringement.

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Patent Law Patent Law Invention 111

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 69

Licensing Government Patent Patent Infringement 69

LexBlog IP

NOVEMBER 30, 2021

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements. In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc.

Settlement 52

Settlement Licensing Litigation Art 52

Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. ” IT sued Zebra for infringement in the W.D.Tex.,

Licensing 56

Licensing Patent Ownership Patent Infringement 56

Patently-O

JULY 7, 2022

While the reissued opinion continues to uphold the district court’s dismissal of the suit, it also eliminates the entirety of the Circuit’s earlier dicta concerning the nature of FRAND commitments and Article III standing, dicta that was heavily criticized by amici curiae. Avanci’s licensing rate for automotive 4G SEPs is $15 per vehicle.

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Licensing Contracts Patent Law 89

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 59

Licensing Government Patent Patent Infringement 59

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. License on Transfer (LOT) Network.

Patent 100

Patent Licensing Intellectual Property Technology 100

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.

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Licensing Law Patent Patent Infringement 105

Garrigues Blog

JUNE 24, 2024

Recent judgments handed down in the US, China, UK and Germany illustrate the complexity of this subject that affects both patent law as well as competition law. Implementers must in turn prove that they are willing to negotiate licenses on FRAND conditions from the time they receive the notice from the SEP holders. 517 OPPO v.

Licensing 52

Licensing Patent Confidentiality Reporting 52

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 75

Patent Infringement Licensing Patent Contracts 75

Patently-O

SEPTEMBER 1, 2021

Lubby sued Henry Chung for patent infringement and won at trial with a jury verdict of almost $1 million. Back damages are further limited in by the patent marking statute of Section 287. That provision calls for a patentee to to mark any “patented article” that it sells or licenses-for-sale with the patent number.

Licensing 75

Licensing Patent Patent Infringement Patent Law 75

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 59

Music Licensing Patent Patent Infringement 59

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

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. He also said that MSD wants to join the UN-backed Medicines Patents Pool (MPP) to expand access to the drug. Golden Tobacco Ltd. June 30, 2021]. June 29, 2021]. Other News.

Intellectual Property 105

Intellectual Property Trademark Licensing Copyright 105

IP Watchdog

FEBRUARY 4, 2022

On appeal, the CAFC held that CNC’s version of the agreement more accurately reflected the understanding between the two parties regarding a settlement over Plasmacam’s claim that CNC infringed U.S. 7,071,441 (‘441 patent), for which Plasmacam has an exclusive license.

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Settlement Licensing Designs Design 115

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. before the prior date of the suit patent- 22 September 2006), without any confidentiality clause.

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Intellectual Property Blogging Patent Marketing 129

Patently-O

MARCH 13, 2022

Angus Liu : Roche Settles Lawsuit Claiming AstraZeneca’s Ultomiris Infringes Delivery Patent (Source: Fierce Pharma). Solomon Israel: Court Tosses Canopy Cannabis Patent Infringement Lawsuit Against GW Pharma (Source: MJ Biz Daily). Commentary and Journal Articles: Prof. IP Edge LLC – Patent Analyst .

Patent Prosecution 69

Patent Prosecution Intellectual Property Patent Journalism 69

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 116

Licensing Patent Patent Infringement Litigation 116