Intellectual Property Law Blog

DECEMBER 1, 2021

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). SecurityPoint brought its claim for patent infringement against the United States under 28 U.S.C.

Patent Infringement 246

Patent Infringement Patent Government Licensing 246

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 73

IP Watchdog

NOVEMBER 15, 2021

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.

Patent Infringement 117

Patent Infringement Patent Litigation Licensing 117

IIPRD

JANUARY 23, 2023

The interface of Intellectual Property (IP) incline with Amazon’s approach herein. In matters of trade, Trademark, copyright and Patent act as building blocks of protection measures while conferring exclusive right over goods/services for the holder. Patent infringement can occur in both of these roles.

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Patent Infringement Patent Cease and Desist IP 52

Kashishipr

DECEMBER 28, 2021

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. In the latter case, no license or permission of any sort is required from the patent owner for commercializing the product.

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IP Patent Invention Licensing 105

IP Watchdog

JANUARY 12, 2022

While all three panelists agreed that the IP waiver discussion has become a distraction that will not solve the fundamental problems, Iancu and Kappos were especially passionate that the precedent set by the U.S. government’s decision to back the proposal could do very real harm, rather than good.

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IP Intellectual Property Technology Trademark 123

The IPKat

FEBRUARY 23, 2023

In the fight against intellectual property rights (IPRs) infringements, China does not consider punitive damages as a taboo. During the validity period of the patent, one of the two defendants,** ‘Baijia store’, sold Jin’s patented products without permission. On the contrary: it has embraced them as a useful tool.

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Settlement Patent Infringement Patent Intellectual Property 67

LexBlog IP

DECEMBER 20, 2023

Court of Appeals for the Federal Circuit [1] reversed a lower court’s denial of Intel Corporation’s (“Intel’s”) motion for leave to amend its answer to assert a new license defense in a patent infringement suit brought by VLSI Technology LLC (“VLSI”). and Finjan Software, Inc.

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Licensing Contracts Litigation Technology 52

IP Watchdog

JANUARY 11, 2022

Patent licensing and technology transfer is a cornerstone of modern economies, where the efficiencies of collaboration and division of labor do not require firms to be vertically integrated. This short article focuses on how risk – in the economic and legal sense – changes over time, and what this implies for patent licensing dynamics.

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Licensing Business Marketing Marketing 120

IP Watchdog

FEBRUARY 4, 2024

A recent decision out of the Eastern District of Texas sheds further light on Judge Rodney Gilstrap’s interpretation of a patent owner’s commitment to the European Telecommunications Standards Institute (ETSI) pursuant to ETSI’s Intellectual Property Rights Information Statement and Licensing Declaration (“the ETSI Licensing Declaration”).

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Intellectual Property Licensing Publishing Patent 62

LexBlog IP

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.

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Licensing Derivative Work Intellectual Property Moral Rights 40

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.

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Licensing Government Patent Patent Infringement 57

The IPKat

SEPTEMBER 14, 2022

The book's cover wonderfully matches the colours of the Villa Salviati gardens This is a book review of IP Accidents: Negligence Liability in Intellectual Property , by Patrick Goold , City Law School, University of London. IP Accidents offers another creative inquiry that goes to the heart of IP.

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IP Intellectual Property Patent Law Technology 90

LexBlog IP

FEBRUARY 7, 2023

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Sockeye Licensing TX, LLC. NPEs are also known to limit their license when suing software companies.

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Licensing Settlement Patent Troll Confidentiality 40

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.

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Patent Licensing Intellectual Property Technology 100

IIPRD

OCTOBER 17, 2022

In the present case too there will be many legal issues related to Intellectual Property. There is an urgent need to shed some light on intellectual property infringement in this virtual world which will be dealt with further in the article. Intellectual Property and Metaverse. Copyright Infringement.

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IP Non-Fungible Tokens Intellectual Property Trademark 52

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

Patently-O

JUNE 20, 2023

The ITC’s power extends in to several areas, but primarily by enforcing the laws of (1) intellectual property rights; (2) anti-dumping; and (3) countervailing duties. Intellectual Property Rights : Section 337 investigations constitute a significant portion of ITC’s enforcement activities.

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Intellectual Property Licensing Confidentiality Patent 62

IP Tech Blog

FEBRUARY 24, 2022

holding that, in a non-disclosure agreement (NDA) that expressly excludes a license grant, a FSC does not prohibit a patent infringement defendant from filing inter partes review (IPR) petitions. Six years later, Kannuu sued Samsung in the Southern District of New York, alleging patent infringement and breach of the NDA.

Intellectual Property 57

Intellectual Property Confidentiality Patent Infringement Licensing 57

The IPKat

APRIL 24, 2023

Kat friend Roya Ghafele reports on the leaked draft of the European Commission IP Action plan and its possible consequences. This was my first thought in seeing emails in my mailbox containing a copy of the ‘leaked’ European Commission IP Action plan. A register of standard essential patents is proposed; 2.

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IP Marketing Marketing Licensing 78

LexBlog IP

JUNE 29, 2023

REGENXBIO has exclusive license rights to vectors invented at [the] University [of Pennsylvania], known as NAV® Vectors, composed of ‘capsid proteins’ that package the transgene used to treat genetic defects or supply therapeutic factors such as antibodies to treat other serious conditions.

Patent Infringement 52

Patent Infringement Patent Licensing Invention 52

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 (..)

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Music Licensing Patent Patent Infringement 57

IPilogue

AUGUST 24, 2022

The first kind, academic institutions, acquire patents to protect the research work of their faculty and researchers while licensing others to use the results of the research produced without commodifying the patent. They do not practice, develop, manufacture, or otherwise commercialize the patent.

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Litigation Patent Troll Patent Technology 106

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.

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Intellectual Property Licensing Music Copyright 121

IP Watchdog

NOVEMBER 30, 2022

A group of 25 experts in intellectual property law sent a letter to Assistant Attorney General (AAG) Jonathan Kanter today in support of a business review letter that the group said, “represented a legally sound and evidence-based approach in applying antitrust law to innovative commercial institutions.”

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Business Intellectual Property Law Intellectual Property Licensing 73

The IP Law Blog

JANUARY 18, 2024

Companies rely on intellectual property (“IP”) rights to protect their valuable information, creations, and branding. IP rights come in several forms: copyrights, trademarks, patents, and trade secrets. And with patents, the only protection arises when the USPTO issues a patent on an invention.

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Confidentiality Invention Business Artistic Work 113

LexBlog IP

FEBRUARY 24, 2022

holding that, in a non-disclosure agreement (NDA) that expressly excludes a license grant, a FSC does not prohibit a patent infringement defendant from filing inter partes review (IPR) petitions. Six years later, Kannuu sued Samsung in the Southern District of New York, alleging patent infringement and breach of the NDA.

Intellectual Property 52

Intellectual Property Confidentiality Patent Infringement Licensing 52

IIPRD

FEBRUARY 23, 2021

As a result of new technologies, and a rapid increase in innovation and creativity, intellectual capital has emerged as valuable assets for businesses. Intellectual Property such as patents, trademarks, brand value, copyright, etc have become foundational assets for several businesses, seeking greater importance and attention.

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IP Intellectual Property Branding Brands 40

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 67

Licensing Government Patent Patent Infringement 67

The IPKat

AUGUST 19, 2021

Courses The Queen Mary Foundation level courses for UK trainee patent and trade mark attorneys are running again this year, with a registration deadline of 23 August 2021. Registration is available here.

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Intellectual Property Registration IP Patent Infringement 60

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 67

Licensing Patent Infringement Litigation Intellectual Property 67

LexBlog IP

DECEMBER 1, 2021

A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). SecurityPoint brought its claim for patent infringement against the United States under 28 U.S.C. §

Patent Infringement 52

Patent Infringement Patent Government Invention 52

IP Watchdog

APRIL 11, 2022

District Court for the district of Delaware in a patent infringement suit brought by Meso Scale Diagnostics (Meso) against Roche Diagnostic Corporation and BioVeris Corporation (collectively Roche). Court of Appeals for the Federal Circuit (CAFC) affirmed, reversed, vacated, and remanded a decision by the U.S.

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Patent Patent Infringement Licensing Litigation 113

LexBlog IP

FEBRUARY 14, 2023

The Supreme Court of Canada recently clarified the role of non-infringing options as well as springboard profits when calculating profits in patent infringement cases. The majority of the court also confirmed that the calculation properly included profits gained after the patent expired, known as springboard profits.

Patent Infringement 52

Patent Infringement Patent Invention Marketing 52

The IPKat

FEBRUARY 14, 2022

Although spring is one month and a couple of days away from us, IP events and opportunities are already blooming and you can find a bundle of the best here. OxFirst - Damage Calculations in Patent Infringement Cases in the U.S.A. - Registration is open and can be made here. The deadline for application is 11 March 2022.

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Intellectual Property Registration Patent Infringement IP 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 117

IP Watchdog

SEPTEMBER 21, 2023

While the result is reasonable, the explanations provided by the court raise several questions.

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Licensing Patent Patent Infringement Litigation 52