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.

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Patent Infringement Patent Government Licensing 246

IPilogue

OCTOBER 25, 2022

Professor of Law at Harvard Law School, where she teaches contracts, international IP, patents, copyright, and courses on Biblical Law. Individuals and companies commonly engage in the strategic purchasing of critical blocking patent portfolios. Moreover, damage demands in litigation cases involving IP are rising.

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Intellectual Property IP Patent Troll Technology 111

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.

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Patent Infringement Patent Litigation Intellectual Property 68

Indiana Intellectual Property Law

MARCH 21, 2023

DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement. According to the Complaint, DSI’s software includes numerous technological improvements that were captured in a family of patent applications. In 2022 the United States Patent and Trademark Office issued Patent No.

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Patent Infringement Litigation Patent Patent Application 52

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.

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Litigation Intellectual Property Patent Law 58

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.

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Patent Infringement Litigation IP Intellectual Property 59

IP Watchdog

NOVEMBER 15, 2021

On September 20, 2021, Judge John Robert Blakey in the Northern District of Illinois issued an opinion in a Walker Process patent fraud antitrust case denying defendants’ motion for summary judgment on their statute of limitations defense. TCS John Huxley America, Inc. Scientific Games Corp., 1:19-cv-1846, 2021 WL 4264403 (N.D.

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Patent Infringement Patent Litigation 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

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. They do not practice, develop, manufacture, or otherwise commercialize the patent.

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Litigation Patent Troll Patent Technology 106

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. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. This exposes some concerns about our patent laws.

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Patent Infringement Law Patent Ownership 116

The IPKat

FEBRUARY 19, 2023

Do common law doctrines such as the doctrine of (un)clean hands apply in the consideration of a patentee's claim for patent infringement in South Africa? This was the key question before South Africa's apex court, the Constitutional Court in Villa Crop Protection (Pty) Ltd v Bayer Intellectual Property GmbH decided in December 2022.

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Intellectual Property Patent Infringement Law Patent 52

Patent Trademark Blog

MARCH 31, 2022

Affordable ways to enforce intellectual property. If you don’t have at least two million dollars laying around to sue for patent infringement, this post is for you. Thankfully, you can enforce intellectual property without spending your life savings. How to enforce trademarks inexpensively.

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Intellectual Property Cease and Desist Registering Trademarks Litigation 52

JD Supra Law

FEBRUARY 25, 2022

Lee of the United States District Court for the Northern District of Illinois denied a biosimilar applicant defendant’s motion to dismiss patent infringement claims brought in the second phase of the parties’ Biosimilar Price Competition and Innovation Act (“BPCIA”) litigation. By: Mintz - Intellectual Property Viewpoints

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Patent Infringement Litigation Intellectual Property Patent 52

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.

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Patent Infringement Patent Contracts Technology 121

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.

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Patent Infringement IP Government Patent 127

Patently-O

JULY 17, 2024

In a recent decision out of the Southern District of Texas, Judge Lee Rosenthal found the patent infringement case brought by VDPP against Volkswagen to qualify for sanctions under the Patent Act 35 U.S.C. § VDPP Sanctions Memo VDPP Dismissal Memo VDPP’s US Patent No. The court also relied upon 28 U.S.C.

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Litigation Patent Intellectual Property Settlement 62

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.

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Patent Infringement Patent Marketing Marketing 98

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

IPilogue

OCTOBER 20, 2021

The US has started a worldwide complaint about China’s new legal strategy against intellectual property (IP) theft claims. Beijing said that it would “ strictly enforce patent and copyright laws.” However, Xiaomi has been using a patent by InterDigital Inc. Xiaomi Inc. , and BBK Electronics.

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Intellectual Property Settlement IP Technology 104

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) ).

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Patent Patent Infringement Intellectual Property Litigation 136

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. Patent Nos. and ModernaTX, Inc.

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Patent Infringement Patent Technology Litigation 133

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

Larson & Larson

JUNE 1, 2021

Patent infringement encompasses unauthorized making, use, sale, or offering for sale any patented invention within the United States jurisdiction. As a result of this infringement, a patentee whose patent is infringed may file a lawsuit seeking appropriate relief from the federal court. Limitation Period.

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Patent Infringement Patent Intellectual Property Invention 52

Intellectual Property Law Blog

MARCH 9, 2022

The significance of this case is that the Federal Circuit confirmed that parties can contractually negotiate away their right to file IPRs or other validity challenges in the Patent Office. Despite this language, Sarepta filed seven petitions for inter partes review (“IPR”). The Federal Circuit disagreed. The Federal Circuit disagreed.

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Patent Infringement Intellectual Property Contracts Confidentiality 245

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 ".

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Publishing Patent Patent Infringement Intellectual Property 142

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.

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Inventor Intellectual Property Patent Infringement Reporting 98

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

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

Larson & Larson

DECEMBER 7, 2022

As a business owner, it’s important to be aware of the potential for patent infringement. A patent is a legal document that grants the holder the exclusive right to make, use, and sell an invention for a certain period of time. When it comes to patent infringement, there are a few key things to keep in mind.

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Patent Infringement Patent Invention Business 40

LexBlog IP

AUGUST 21, 2023

alleging that Pfizer’s respiratory syncytial virus (“RSV”) vaccine ABRYSVO infringes four U.S. patents covering GSK’s rival RSV vaccine, AVREXY. GSK describes the four asserted patents, U.S. Patent Nos. Stay tuned for more coverage of this case and other big molecule litigations!

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Patent Infringement Patent Invention Litigation 52

JD Supra Law

DECEMBER 14, 2023

After four years of litigation, Australian-based CAP-XX, Ltd. finally commenced its patent infringement trial this Monday against Maxwell Technologies, Inc. By: Mintz - Intellectual Property Viewpoints before Judge Jennifer Hall and a Delaware jury and is set to end on Friday.

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Technology Intellectual Property Patent Patent Infringement 63

LexBlog IP

JULY 22, 2022

Chinese Patent Litigation: Leveraging Specialized IP Courts. Selecting a jurisdiction for Patent Litigation in China. In China, when multiple courts would have jurisdiction over a plaintiff’s case, a patent owner can choose which court will try their case.

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Litigation IP Patent Patent Infringement 52

LexBlog IP

MARCH 5, 2023

Nu Tsai Capital, LLC, [2023-1146] (February 17, 2023), the Federal Circuit vacated a preliminary injunction against Lite-Netics patent-related speech, holding that the district court abused its discretion. Lite-Netics owns multiple patents on magnetic holiday string lights. Patent Nos.

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Patent Infringement Patent Litigation Intellectual Property Law 52

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.”

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Intellectual Property Patent Infringement Trademark Patent 103

IP Watchdog

MAY 7, 2024

Intellectual property litigation in the 21st century has brought to the fore systems for asserting infringement in which IP owners may be spared some of the huge expense of litigation by “routing” extra-judicial enforcement activities through a third party.

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Intellectual Property Litigation IP Patent 63

Intellectual Property Law Blog

MARCH 9, 2022

The significance of this case is that the Federal Circuit confirmed that parties can contractually negotiate away their right to file IPRs or other validity challenges in the Patent Office. Despite this language, Sarepta filed seven petitions for inter partes review (“IPR”). The Federal Circuit disagreed. The Federal Circuit disagreed.

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Patent Infringement Intellectual Property Contracts Confidentiality 130

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