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. Damages, quite simply, can make or break a case.

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Litigation Patent Patent Infringement Intellectual Property 58

JD Supra Law

MAY 15, 2024

3: Preparing Your Inside Team - Preservation, Privilege, Potential Pitfalls -This is the third in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent litigation, yet facing a suit.

Litigation 66

Litigation Patent 66

Technology & Marketing Law Blog

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

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Publishing Intellectual Property Litigation IP 69

JD Supra Law

MARCH 5, 2024

1: Initial Considerations - This is the first in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent litigation and facing a suit, especially one arising without the preparation period that a demand letter or other pre-litigation event might provide.

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Litigation Patent 66

IP Watchdog

NOVEMBER 4, 2021

Is patent litigation out of control? Has patent litigation ever been out of control? What is not nuanced are the numbers reported in the annual reports from the Administrative Office of the United States Courts, which shows that the number of patent cases that reach trial are extremely few.

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Litigation Patent Reporting Intellectual Property 118

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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Litigation IP Patent Patent Infringement 125

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.

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Litigation Intellectual Property Patent Law 58

Patently-O

JULY 9, 2024

by Dennis Crouch I recently provided a set of interesting data on the large number of patents that are “at risk” of being invalidated based on the Federal Circuit’s Cellect decision. The article takes a critical look at the practice of obviousness-type double patenting in the U.S. patent system.

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Patent Invention Patent Application Art 106

Fish & Richardson Trademark & Copyright Thoughts

AUGUST 25, 2022

Principal Ricardo Bonilla , Associate Adi Williams , and Summer Associate Aselsha Parchure wrote an article for IAM in which they discuss multi-district litigation (MDL) as a means to evade the implications of TC Headland. Read the full article on IAM.

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Litigation Patent 52

The IPKat

JULY 14, 2022

It looks like, after quite some time, the Unified Patent Court is soon to become a reality. For more information and to register for the European Patent Litigation Certificate course, please click here. Student life presents its challenges.

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Litigation Patent Copyright Law Designs 73

Trading Secrets

APRIL 4, 2022

Seyfarth partner Jesse Coleman and associate Kevin Green authored an IP Litigator article focused on a recent DTSA/TUTSA lawsuit which involved the public disclosure of alleged trade secret in an expired patent. Read the full article from the March / April 2022 edition of IP Litigator here.

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Editing Litigation IP Patent 59

IP Watchdog

JUNE 19, 2023

The impact of the long-awaited launch of the Unified Patent Court (UPC) is hard to overstate. While litigators and patent portfolio managers are immediately feeling the impact in Europe, surprisingly, they should also expect an impact on information disclosure statement (IDS) strategy for U.S. patent applications.

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Patent Application Patent Litigation Patent Prosecution 121

Patently-O

AUGUST 22, 2024

has asked the Supreme Court to review 2024 Federal Circuit decision affirming the US International Trade Commission’s (ITC) finding of a Section 337 violation based on infringement of a TV-remote patent owned by Universal Electronics, Inc. by Dennis Crouch Roku, Inc.

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Patent Invention Government Patent Infringement 62

The IPKat

APRIL 1, 2024

The UPC Court of Appeal in Luxembourg Amidst the humblebrags and #blessed postings, LinkedIn these days is also full of posts on stats from the Unified Patent Court (UPC). Article 9(1) provides: " Any panel of the Court of Appeal shall sit in a multinational composition of five judges. In those cases, the panel is 3 LQJs.

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Art Litigation Patent Law 64

IP Watchdog

JUNE 27, 2024

Intellectual Property System and the Impact of Litigation Financed by Third-Party Investors and Foreign Entities.” patent litigation. The House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing on June 12, 2024 titled the “The U.S.

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Litigation Intellectual Property IP Patent 63

IP Watchdog

OCTOBER 12, 2021

After a client prevails in patent litigation in the United States District Court for the District of Delaware, the client often wants to know whether it can obtain its attorneys’ fees from the opposing party. The answer is yes, but only if the court finds exceptionality under 35 U.S.C. § Although 35 U.S.C. §

Litigation 68

Litigation Patent Intellectual Property IP 68

Fish & Richardson Trademark & Copyright Thoughts

OCTOBER 12, 2022

Principals Matt Colvin and Betsy Flanagan authored an article for IAM outlining five strategies for startups and other early-stage companies to create patent portfolios that can stand up to litigation. Read the full article at IAM.

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Litigation Patent 81

IP Watchdog

JUNE 25, 2024

This article does not attempt a comprehensive review of all IP developments across Europe in 2024, not least because the detail of the Unified Patent Court’s (UPC’s) decisions and operations are outside the scope of the article. The first half of 2024 has been a significant one for IP in Europe.

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IP Litigation Patent Government 40

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Art Journalism Patent Law Invention 125

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. A new prohibition on double patenting?

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Litigation Law Patent Invention 80

JD Supra Law

APRIL 2, 2024

2: Finding Your Outside Team - This is the second in a series of articles that explores considerations and suggested actions for in-house counsel who are inexperienced in patent litigation, yet facing such a suit.

Litigation 56

Litigation Patent 56

Patently-O

AUGUST 11, 2024

by Dennis Crouch The newest patent-focused petition for writ of certiorari to the Supreme Court was recently filed by Zebra Technologies , challenging the Federal Circuit’s determination that the a patentee had standing to sue for infringement even though a third party separately held rights to assign, license, and enforce patent rights.

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Patent Licensing Litigation Patent Infringement 48

IP Watchdog

APRIL 28, 2022

With an average 33 Patent Trial and Appeal Board (PTAB) filings (one post grant review, the rest inter partes reviews[IPRs]), a relatively high number (89) of district court terminations (including some high-profile settlements), and a somewhat low number (63) of suits this week, we are rolling into May. Chief Judge Connolly of the U.S.

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Litigation Patent Settlement Intellectual Property 98

Technology & Marketing Law Blog

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” The post My New Article on Abusive “Schedule A” IP Lawsuits Will Likely Leave You Angry appeared first on Technology & Marketing Law Blog. Free RSVP! I would welcome yours.

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IP Intellectual Property Journalism Settlement 104

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 110

Patently-O

NOVEMBER 29, 2023

Jordan is a third-year law student at the University of Missouri and a registered patent agent. Article III standing remains a hot topic at all levels of federal litigation and across many different areas of law. 10,149,820 (the ‘820 patent). Allgenesis petitioned for IPR of all eleven claims of the ’820 patent.

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Art Business Patent Settlement 48

IP Watchdog

DECEMBER 3, 2021

Ramey & Schwaller is looking for a litigation attorney with 3-5 years of litigation experience in federal court. This is a fun, very active position with immediate exposure to all aspects of patent litigation. The full-time, permanent position, located in Houston, TX, will be handling cases from cradle to grave.

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Litigation Patent Intellectual Property IP 115

Patently-O

OCTOBER 4, 2021

New Patently-O Law Journal article by Colleen V. As the America Invents Act (AIA) turns 10, patent students across the country may be asking: if the law is already a decade old, why am I spending so much time learning pre-AIA law? Figure 2: 2021 Pending Patent Applications Pre- vs. Post-AIA (Point Estimate).

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Journalism Art Patent Law Invention 104

LexBlog IP

DECEMBER 19, 2023

The big patent news this holiday season involves a purported ban on the new Apple Watch. In October 2023, the International Trade Commission (the “ITC”) ruled that the blood oxygen monitoring features in these devices infringed a patent from Masimo, a medical device company. 337-TA-1266).

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Litigation Patent Intellectual Property Patent Infringement 52

IP Watchdog

SEPTEMBER 13, 2022

The gamesmanship that plays out on both sides of the “v” was on the examination table during “Gaming the Patent Litigation System: Value, Venue, Verdicts & Villains,” one of the panels taking place on the first day of IPWatchdog LIVE 2022. patent system that should be addressed to reduce uncertainty for all litigants.

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Litigation Patent IP 71

GDB Firm Blog

JUNE 24, 2021

An important issue in any litigation is "standing" — the right of a party to bring a suit in court.

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Litigation Patent 52

IP Watchdog

NOVEMBER 30, 2021

Earlier this year, the European Patent Office (EPO) updated some of its Guidelines for Examination in a way that potentially could affect U.S. patent litigation. Guideline F-IV 4.3 particularly focuses on the form, contents, and clarity of the claims.

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Litigation Patent Prosecution Patent Patent Application 107

IP Tech Blog

MARCH 24, 2022

Powerful remedies, particularly General Exclusion Orders, are often cited as a reason why patent owners should consider asserting their patents at the U.S. Recently, in its fourth decision in a patent infringement dispute between DeLorme and BriarTek IP, the U.S. District Court. The Recent Decision.

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Litigation Patent IP Patent Infringement 62

IP Watchdog

JANUARY 10, 2022

Supreme Court to review the Federal Circuit’s decision to dismiss Apple’s appeal of unsuccessful inter partes review (IPR) challenges to the validity of several patents owned by Qualcomm.

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Licensing Patent Invention Patent Infringement 105

Patently-O

JANUARY 24, 2022

Their article Federal Judge Seeks Patent Cases was recently published in the Duke Law Review, and I’m currently working on a project with them on writs of mandamus at the Federal Circuit. Among them was “the arcane but important matter” of judicial assignment and venue for patent cases. Guest post by Professors J.

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Litigation Patent Reporting Patent Law 58

IP Watchdog

JULY 23, 2024

The House Judiciary Committee’s Subcommittee on Courts, Intellectual Property and the Internet today held a hearing, titled “IP Litigation and the U.S. International Trade Commission” (ITC), featuring four witnesses, most of whom were advocating for reforms to the current ITC process that many would characterize as anti-patent.

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IP Intellectual Property Patent Litigation 105

IP Watchdog

AUGUST 11, 2021

Numbers were relatively stable last week, with the district courts seeing 57 new patent filings and the Patent Trial and Appeal Board (PTAB) seeing 25 petitions (two post grant reviews [PGRs] and 23 inter partes reviews [IPRs]). in an apparent litigation-free freedom-to-operate action. against BTL Healthcare Technologies A.S

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Litigation Patent Technology Intellectual Property 105