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Other Barks & Bites for Friday, October 11: DOJ Proposes Breaking Up Google in Ongoing Monopoly Case; Ozempic Maker Settles Patent Infringement Lawsuit; and the CAFC Revives a Patent Infringement Lawsuit Against Salesforce

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC) overturns a lower court ruling, reviving a patent infringement lawsuit against Salesforce; and Limp Bizkit sues Universal Music Group for $200 million in unpaid royalties.

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Can Xockets Enjoin NVIDIA and Microsoft Post eBay?

IP Watchdog

recently filed a complaint in the Western District of Texas against NVIDIA Corporation (“NVIDIA”), Microsoft Corporation (“Microsoft”) and RPX Corporation (“RPX”) (collectively, “Defendants”) for alleged patent infringement and violation of federal antitrust laws. Xockets, Inc.

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“Comparison Prior Art” Must Be Tied to the Same Article of Manufacture as That Claimed

Intellectual Property Law Blog

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. Thus, the prior-art design must be applied to the article of manufacture identified in the claim. Background Columbia asserted U.S.

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Importers Beware! Burden Shifting in Patent Infringement Cases

IP Watchdog

Most companies are aware of the potential patent infringement liability for sales made in the United States but may not know that liability for infringing a U.S. patent can also extend to the processes used to make their product—even when manufacturing is done entirely outside the United States by a contract manufacturer.

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Patent Infringement, Antitrust, and the Discovery Rule

IP Watchdog

The complaint alleged that Scientific Games, through its acquired entity, SHFL Entertainment, brought patent infringement litigation in 2009 and 2012 based on fraudulently obtained patents for automatic card shufflers used in licensed casinos. The plaintiffs had sued Scientific Games Corp.

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How to Satisfy Constitutional and Statutory Standing Requirements in Patent Infringement Actions

IP Watchdog

Zebra Technologies Corporation is the most recent decision in a series of cases clarifying the requirements for when standing is proper for a patent infringement action. The Federal Circuit’s precedential opinion in Intellectual Tech, LLC. Zebra Techs. 4th 807 (Fed. 2024) (Zebra).

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Arbutus and Genevant Sue Moderna in First Significant Patent Infringement Lawsuit in the mRNA Space

IP Watchdog

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.