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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Patent Infringement Patent Inventor Litigation 52

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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Patent Infringement Patent Technology Litigation 133

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 105

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 58

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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Litigation Technology Business Patent 40

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

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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Marketing Marketing Settlement Patent 162

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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Litigation Intellectual Property Patent Law 58

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 63

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

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

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

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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Licensing Law Patent Patent Infringement 110

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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Art Journalism IP Litigation 88

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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JD Supra Law

NOVEMBER 12, 2021

Background: During the battery-related patent litigation between LG Chem and SK Innovation, SK Innovation filed an invalidation lawsuit (IPR) with the US Patent Trial and Appeal Board (PTAB) eight times, but all were dismissed. By: Dentons

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Litigation Patent Patent Infringement 52

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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Litigation Law Patent Invention 80

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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Litigation Copying Patent Infringement IP 52

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

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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Design Patent Designs Design Art 52

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

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

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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Due Diligence Litigation Patent Patent Infringement 105

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 68

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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Law Litigation Patent Infringement Designs 63

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 58

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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Patent Litigation Patent Infringement Intellectual Property 96

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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Litigation Cease and Desist Patent Infringement Intellectual Property 52

IP Watchdog

AUGUST 22, 2024

s petition for a writ of mandamus seeking to transfer a patent infringement case brought by Resonant Systems, Inc. Court of Appeals for the Federal Circuit (CAFC) on Wednesday denied Apple, Inc.’s out of Judge Alan Albright's Western Texas court to the Northern District of California.

Patent Infringement 58

Patent Infringement Patent Technology Litigation 58

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.

Litigation 52

Litigation Patent Patent Infringement IP 52

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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Litigation Patent Design Patent Patent Application 52

Patently-O

AUGUST 22, 2024

The petition focuses on the ITC’s “domestic industry” requirement, and the level of nexus required between substantial domestic investment, the scope of the asserted patent, and any articles that embody the patented invention.

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Patent Invention Government Patent Infringement 62

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 (..)

Litigation 110

Litigation Patent Infringement Patent Invention 110

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

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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Contracts Law Patent Licensing 118

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

Patently-O

DECEMBER 4, 2022

Daniel Davies: Supreme Court of Canada Affirms Record-Setting $645M Patent Infringement Award in Dow v Nova (Source: JD Supra). Alessandro Mascellino: Apple Patent Application Hints at Identifying People Like Puzzle Pieces (Source: BiometricUpdate.com). Commentary and Journal Articles: Dr. Hanley, Flight & Zimmerman (HFZ).

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Patent Journalism IP Patent Application 62