Intellectual Property Law Blog

MARCH 9, 2022

An important takeaway from this case is that careful consideration should be given to the scope of any forum selection clauses regarding patent infringement or invalidity actions. In Nippon Shinyaku v. Despite this language, Sarepta filed seven petitions for inter partes review (“IPR”). The Federal Circuit disagreed.

Intellectual Property 189

Intellectual Property Patent Infringement Contracts Confidentiality 189

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 119

Patent Infringement Patent Litigation Licensing 119

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

Intellectual Property Rights (IPR) refer to the legal rights granted to individuals or entities over creations of the mind. IPR primarily include patents, copyrights, trademarks, trade secrets, and designs, each serving a specific purpose in protecting various forms of intellectual creations.

Intellectual Property 75

Intellectual Property Invention IP Technology 75

JD Supra Law

MARCH 5, 2024

Artificial intelligence (AI) has become a game changer across various sectors, and intellectual property (IP) law is no exception. As AI technologies continue to evolve at a rapid pace, legal professionals will see a surge in IP litigation, ranging from patent infringement cases to copyright issues surrounding AI-generated content.

Intellectual Property 70

Intellectual Property Intellectual Property Law Law Patent Infringement 70

IPilogue

OCTOBER 20, 2021

The US has started a worldwide complaint about China’s new legal strategy against intellectual property (IP) theft claims. InterDigital, based in Delaware, USA, holds multiple patents for digital technology used in smartphones across the world. Since the beginning of 2020, four claims of IP theft have gone to Chinese courts.

Intellectual Property 104

Intellectual Property Settlement IP Technology 104

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. A statutory defense to patent enforcement could be another solution, as seen in the American approach in 28 U.S. Code § 1498 (a).

Patent Infringement 115

Patent Infringement Law Patent Ownership 115

IPilogue

AUGUST 24, 2022

Litigation is almost always recommended to be avoided , whether because of the sheer amount of time needed to get a court date, the expensive costs for the client and law firm, or the risks associated with receiving an unfavorable judgement. Michelle Mao is an incoming 2L JD student at Osgoode Hall Law school and an IPilogue Writer.

Litigation 105

Litigation Patent Troll Patent Technology 105

SpicyIP

FEBRUARY 21, 2025

This case pertains to patent infringement concerning two process patents related to the fungicide Azoxystrobin. Indian IP litigation has of late admitted new forms of engagement of concurrent evidence such as the hot-tubbing and the confidentiality club (previously discussed here & here ). It noted that Serial No.

Confidentiality 103

Confidentiality Litigation Intellectual Property IP 103

IP Watchdog

MAY 9, 2022

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.

Patent Infringement 122

Patent Infringement Patent Contracts Technology 122

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.

Patent Infringement 133

Patent Infringement Patent Technology Litigation 133

IP Watchdog

NOVEMBER 22, 2024

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.

Patent Infringement 111

Patent Infringement Patent Law Litigation 111

IP Watchdog

APRIL 18, 2023

government statement of interest filed in a patent infringement suit against Moderna, Inc.’s 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. patented invention.

Patent Infringement 128

Patent Infringement IP Government Patent 128

Patently-O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] Patent assertion finance today is a multibillion-dollar business. [2] 2] Virtually nonexistent in the patent space in the U.S. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation 126

Litigation Reporting Settlement Government 126

IP Watchdog

DECEMBER 9, 2024

Government Accountability Office (GAO) published a report reflecting the agencys investigation into third-party funding of patent litigation in the United States. On December 5, the U.S.

Reporting 98

Reporting Litigation Patent Government 98

IP Tech Blog

AUGUST 18, 2023

An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US. How has this new legislation impacted foreign patent holders?

Litigation 98

Litigation Patent Intellectual Property Brands 98

Intellectual Property Law Blog

MARCH 9, 2022

An important takeaway from this case is that careful consideration should be given to the scope of any forum selection clauses regarding patent infringement or invalidity actions. In Nippon Shinyaku v. Despite this language, Sarepta filed seven petitions for inter partes review (“IPR”). The Federal Circuit disagreed.

Intellectual Property 130

Intellectual Property Patent Infringement Contracts Confidentiality 130

Patently-O

JULY 14, 2022

This prompted the question for me: who actually files appeals in patent infringement cases and how representative are they of the underlying civil actions filed in the courts? It turns out that the answer is “mostly patent asserters” and that they aren’t necessarily representative of case filings. 235 (2018) ).

Patent 137

Patent Patent Infringement Intellectual Property Litigation 137

IIPRD

JUNE 17, 2024

Intellectual property rights (IPRs) especially patents are extremely crucial for encouraging innovation in the pharmaceutical sector. Therefore, maintaining both innovation and accessibility in the pharmaceutical industry requires striking a balance between defending intellectual property and encouraging generic competition. [6]

Intellectual Property 64

Intellectual Property Marketing Marketing Journalism 64

Intepat

SEPTEMBER 27, 2024

Understanding the implications of patent thickets is crucial for stakeholders, seeking to foster innovation while navigating the complex terrain of intellectual property rights. The fear of litigation can further deter innovation and investment.

Intellectual Property 52

Intellectual Property Patent Inventor Licensing 52

IP Watchdog

JANUARY 29, 2025

affirming the Northern District of Californias dismissal of patent infringement claims broadly seeking damages for the smartphone industrys use of semiconductor technologies. Yesterday, the U.S. Court of Appeals for the Federal Circuit issued a per curiam ruling in Huang v. Amazon.com, Inc.

Patent Infringement 101

Patent Infringement Patent Technology Litigation 101

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.

Litigation 125

Litigation IP Patent Patent Infringement 125

IP Law 360

JULY 2, 2024

says an intellectual property law firm and a Chinese litigation funder used its confidential information without permission to help Staton Techiya LLC assert patent infringement allegations, telling a Texas federal judge that the conduct demonstrated why the court should add the other companies to Samsung's suit.

Litigation 59

Litigation Intellectual Property Law Intellectual Property Confidentiality 59

SpicyIP

SEPTEMBER 25, 2023

Adding another leaf to the FCM patent litigation saga, the Delhi High Court on September 19 refused to grant an interim injunction to Vifor considering the launch of the Biological E’s product in the market. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law.

Patent Infringement 105

Patent Infringement Patent Marketing Marketing 105

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.

Patent Infringement 105

Patent Infringement Government Patent Contracts 105

The IPKat

APRIL 24, 2023

Last Friday, WIPO published An International Guide to Patent Case Management for Judges. For each jurisdiction, there are several chapters which sets out the procedure and practice for managing patent cases, namely patent infringement cases., while also " integrating pertinent patent law doctrines ".

Publishing 142

Publishing Patent Patent Infringement Intellectual Property 142

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.

IP 105

IP Intellectual Property Patent Litigation 105

Olartemoure Blog

AUGUST 23, 2024

In another case involving technology developed by a university, on 5 August 2024, Harvard University filed a complaint against Samsung before the District Court for the Eastern District of Texas alleging patent infringement (available here ). According to the complaint, the Asserted Patents (US Patent Nos.

Patent Infringement 52

Patent Infringement Patent Intellectual Property Technology 52

IP Watchdog

JULY 2, 2024

USI) filed an amicus brief in Island Intellectual Property LLC v. Yesterday, US Inventor, Inc. TD Ameritrade, Inc., urging the U.S. Court of Appeals for the Federal Circuit (CAFC) to reconsider its use of Rule 36 when affirming decisions.

Inventor 98

Inventor Intellectual Property Patent Infringement Reporting 98

IP Watchdog

JUNE 2, 2024

In Dragon Intellectual Property LLC v. Court of Appeals for the Federal Circuit held that a prevailing defendant in an otherwise “exceptional” patent infringement case could not recover attorney fees expended in a parallel inter partes review (IPR) proceeding because the defendant’s initiation of the IPR was “voluntary.”

Intellectual Property 104

Intellectual Property Patent Infringement Trademark Patent 104

SpicyIP

MARCH 7, 2024

This high-profile case revolves around allegations of patent infringement concerning two patents (“Suit Patents”), both relating to ‘Pertuzumab,’ a monoclonal antibody (Mab) biologic used in inhibiting tumor growth. Find it here.

Patent Infringement 59

Patent Infringement Litigation IP Intellectual Property 59

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.

Litigation 111

Litigation Patent Patent Infringement Government 111

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. That was the request U.S.

Litigation 59

Litigation Intellectual Property Patent Law 59

The IP Law Blog

MAY 11, 2023

The ‘911 patent relates to “extraction of pharmaceutically active components … more particularly … botanical drug substance (B.D.S.) UCANN filed for bankruptcy in 2020, which stayed the litigation. The parties stipulated to dismiss the infringement claims with prejudice in 2021. The stipulation made no mention of attorney fees.

Litigation 98

Litigation Art Patent Application Copying 98

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.

Due Diligence 105

Due Diligence Litigation Patent Patent Infringement 105

IP Watchdog

AUGUST 6, 2024

Court of Appeals for the Federal Circuit (CAFC) on Tuesday issued a precedential decision affirming a California district court’s decision to grant Blippar.com’s motion to dismiss a patent infringement claim brought against it because the asserted patent claims were ineligible under Section 101. Patent Nos.

Patent Infringement 69

Patent Infringement Patent Litigation Intellectual Property 69

The IP Law Blog

NOVEMBER 17, 2022

In patent infringement cases, venue is proper under 28 U.S.C § 1406(a) where either (1) the company accused of infringement is incorporated or (2) where the company has committed acts of infringement and has a “regular and established place of business.”

Litigation 98

Litigation Patent Business Patent Infringement 98

Patently-O

SEPTEMBER 15, 2021

The establishment of the first regional offices of the USPTO made our intellectual property system more accessible to all, and of course, prioritized examination, allowing inventors to accelerate the examination of certain patents, makes business sense. . with the rest of the world.

Invention 131

Invention Intellectual Property Inventor Intellectual Property Law 131