IP Law 360

AUGUST 17, 2021

Childproof pot packaging company Pollen Gear told a California federal judge it has reached a conditional settlement in a patent infringement suit with a cannabis company that allegedly ripped off its packaging design.

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IPilogue

APRIL 22, 2022

This article delves into the legal doctrines that support the parties’ claims and the overarching strategy to their settlement. For example, a patent could describe a bike with two wheels (bicycle), three wheels (tricycle), or four wheels (quadracycle) and then only claim the two-wheeled design. sales of Biktarvy.

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The IPKat

MARCH 4, 2023

Designs Anastasia considered the fact that the Third Board of Appeal (BoA) of the EUIPO found that a design for heated socks was not necessarily functional. The analysis considers some of the most debated issues in EU design law, namely the definition of ‘normal use’ and the methodology for establishing functionality.

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SpicyIP

FEBRUARY 17, 2025

Granules India, the Delhi HC recorded a settlement after Granules’ undertaking for exemption under Section 107A a.k.a However, the provision which is an exception to patent infringement is often criticised for its broad scope. the Bolar provision. Defendant No.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Fish & Richardson obtained an initial determination at the International Trade Commission (ITC) recommending a general exclusion order for client Skull Shaver, LLC, the market leader in uniquely designed and patented handheld electric shavers and personal grooming products. 8,726,528 (“the ’528 Patent”) and U.S.

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SpicyIP

OCTOBER 3, 2021

West-Coast Pharmaceutical Works directed the Registry to draw up a decree-sheet per the terms of settlement between the Defendants and the Plaintiffs with regard to the case of infringement of Plaintiff’s OMEZ trademark by Defendant’s OMES [September 28, 2021]. Delhi High Court in Reddys Laboratories Limited v.

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SpicyIP

DECEMBER 12, 2022

Delhi High Court however permitted the Defendant to file these documents holding them essential to indicate Defendant’s assertion that the suit design lacks novelty, which it held to be one of the defences available in a patent infringement action. Riot sues NetEase over copyright infringement of its game ‘Valorant’.

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Patent Trademark Blog

JANUARY 25, 2024

A Patent Owner may submit a maximum of 20 ASIN numbers in an evaluation. APEX vs. Amazon Design Patent Neutral Evaluation Amazon’s neutral patent evaluation programs go by different names depending upon whether a utility patent or design patent is involved. APEX is for utility patents.

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SpicyIP

SEPTEMBER 25, 2023

On one hand, they can lead to an amicable settlement between the parties and prevent lengthy litigations. 2023 (Delhi High Court) Delhi High Court granted an interim injunction to the plaintiff against unauthorized use of its mark “Burger King”, the Crescent Logo Design and Hamburger Refresh Design Logo. Swapnil Patil & Ors.

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Technology & Marketing Law Blog

MARCH 7, 2022

Unicolors’s business model is to create artwork, copyright it, print the artwork on fabric, and market the designed fabrics to garment manufacturers.” A Google search turns up three different pairs of designs with differing degrees of similarity. A jury agreed, finding that H&M had willfully infringed Unicolors’s fabric design.

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The IPKat

DECEMBER 22, 2022

An Arrow declaration is a declaration that a product, process or use was lacking in novelty or obvious as at the priority date of a patent application. The declaration means that the applicant will have a Gillette defence to patent infringement claims about that product, process, or use.

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Patently-O

FEBRUARY 24, 2022

20-891 (CVSG requested May 3, 2021); Res Judicata and the Patent-Specific Kessler Doctrine : PersonalWeb Technologies, LLC v. 20-1394 (CVSG requested October 4, 2021); Undermining Jury Decisions : Olaf Sööt Design, LLC v. The settlement also included a license to thousands of Qualcomm patents. Patreon, Inc.,

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Patently-O

JANUARY 23, 2024

The plaintiff gets a TRO with an asset freeze, then starts making settlement demands. One also wonders how much money the plaintiff may have been able to extract in settlements before dismissing the case.) Additional observations : This case is a good example of why patent litigation is a poor fit for the Schedule A litigation model.

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Intepat

NOVEMBER 26, 2024

Introduction Intellectual Property (IP) insurance is a specialized form of coverage designed to protect individuals and businesses from the financial and legal risks associated with IP disputes. These disputes often arise from patent, trademark, or copyright infringement claims, which can lead to costly litigation and significant damages.

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Fish & Richardson Trademark & Copyright Thoughts

JUNE 16, 2021

MercExchange, LLC, more and more patent owners have flocked to the International Trade Commission (ITC) to pursue a Section 337 investigation in hopes of obtaining a coveted and comparable exclusion order. Time Will Tell.

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LexBlog IP

JANUARY 19, 2024

Samsung also filed IPR2023-01103 in June, challenging all claims of a patent assigned to Janssen that related to methods for treating ulcerative colitis with ustekinumab, the active ingredient in Janssen’s STELARA product. Biocon Biologics then filed its own IPR on the same patent in IPR2023-01444. That petition is pending.

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The IPKat

SEPTEMBER 12, 2021

A primary motivation for Abbott's expedition application was to obtain a UK court decision on the validity of four European patents in order to influence a German court considering infringement of the German EP equivalents and to prevent the problems of the "injunction gap".

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Patently-O

JUNE 24, 2024

Respondent: Whether a district court’s discretion under the Lanham Act permits using the financial statements of “non-arms’ length” affiliates to adjust a disgorgement award against a trademark infringer, and only that infringer, when the infringer has claimed $0 in profits. ” 15 U.S.C.

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Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 9, 2022

Principal Adam Shartzer and Associate Josh Carrigan authored Expert Analysis for Law360 examining a fee-shifting statute for patent cases that allows prevailing parties to recover their reasonable attorney fees in exceptional patent infringement cases. 8] Unified Patents, 2021 Patent Dispute Report: Year in Review, Fig.

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SpicyIP

MARCH 25, 2024

Kunal Makkar & Anr on 14 March 2024, Delhi High Court Image from here The petition concerned alleged violations of a previous judgment where respondents undertook not to imitate, copy, manufacture, or sell shoes imitative of the petitioner’s designs. Indian Patent Office Grants Over 1 Lakh Patents in a Year.

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SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Anything we are missing out on? Please let us know in the comments below.

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LexBlog IP

APRIL 3, 2023

.” Hold Out : “‘Hold out’ occurs if an implementer is able to implement a technical solution covered by a Standard Essential Patent without paying the reasonable market value for a licence (or perhaps anything at all). ” The Court also distinguished a recent UK Interdigital v.

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SpicyIP

DECEMBER 29, 2024

billion US District Court awards 10x Genomics permanent injunction in patent infringement lawsuit against Bruker Corporation’s GeoMx products Since all three elements could be proved, the defendant was restrained from using the EVERGREEN mark.

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LexBlog IP

JUNE 7, 2023

SEP Registration The Proposal establishes a “Competence Centre” within the EUIPO (which currently focuses solely on trademarks and design rights) to set up and maintain an EU-wide register for SEPs. If they reject it, they are subject to infringement remedies (including injunctions).

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SpicyIP

FEBRUARY 5, 2024

Highlights of the Week Comments on the Proposed Patent (2nd Amendment) Rules, 2024 In addition to the typos and ambiguity regarding the timelines, the Draft Patent (2nd Amendment) Rules, 2024, inter alia, suffer from limited scope and require clarity on the qualification of the designated officers. & Ors.On

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 5, 2022

In recent years, there have been a number of high-profile litigations in the United States involving patents directed to each of the above-referenced components, including patent litigations related to cathodes, 13 anodes, 14 separators, 15 electrolytes, 16 battery cell packaging, 17 and battery module packaging.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 11, 2022

2021 saw several important milestones in the biosimilars space, including the much anticipated first interchangeable designations by FDA and the approval of the first ophthalmology biosimilar. No earlier than 2023 per settlement. No earlier than 2023 per settlement. No earlier than 2023 per settlement. . Introduction.

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SpicyIP

OCTOBER 2, 2023

Another Drop in the Bucket: Delhi High Court’s Interim Injunction Denial for Vifor in FCM Patent Infringement Image from here Considering Biological E’s launch of FCM in the market, the Delhi High Court denies an interim injunction to Vifor.

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SpicyIP

FEBRUARY 10, 2025

Lodha TM battle Following disagreements over how a family settlement agreement is to be interpreted, the Lodha brothers are tangling over the Lodha trademark. International IP Developments Nokia secures injunction against Amazon over streaming patent infringement in German court. Drop a comment below to let us know.

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