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 122

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 119

SpicyIP

JANUARY 20, 2023

Several intellectual property rights battles are being fought over this new technology. COVID-19 Vaccine Patent Infringement? In their initial August 2022 complaint , Moderna alleged that three of its mRNA patents were infringed by Pfizer/BioNTech. Moderna’s first infringement claim: Patent no. ’574

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Patent Infringement Patent Patent Application Intellectual Property 119

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. Professor Ruth L. Okediji is the Jeremiah Smith Jr.

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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. Int’l Shipping Corp.,

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Patent Infringement Intellectual Property Contracts Confidentiality 189

IP Watchdog

MAY 31, 2022

Augmented Reality (“AR”), along with Virtual Reality (“VR”), is rapidly growing in prominence and will be transformative to the way we live, work, learn and play. Both AR and VR will undoubtedly bring a whole set of novel IP issues for individuals, companies, IP practitioners and the courts.

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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

JULY 29, 2021

The Patent Infringer Lobby has ramped up banging the drum about “patent quality.” They dedicated a week-long campaign to questioning "patent quality,” which its constituents regard as a huge problem. Patent and Trademark Office (USPTO) Director Andrei Iancu left the building.

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Intellectual Property Patent Invention Patent Infringement 144

JD Supra Law

AUGUST 24, 2022

The China National Intellectual Property Administration, a newly established administrative authority on patent infringement disputes, recently issued its first decisions, addressing questions many companies had on the practical availability of the administrative enforcement proceeding. By: Morgan Lewis

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Patent Infringement Intellectual Property Patent 98

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 128

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.

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Intellectual Property Invention IP Technology 75

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 115

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.

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Intellectual Property Intellectual Property Law Law Patent Infringement 68

JD Supra Law

DECEMBER 19, 2023

Market Supervision Administration of Guangdong Province "2021 Typical Cases of Intellectual Property Administrative Law Enforcement" patent infringement case No. By: Linda Liu & Partners

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Patent Infringement Marketing Marketing Intellectual Property 71

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 137

Intellectual Property Law Blog

MARCH 2, 2021

December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement. Following the abrogation of Form 18, patent infringement claims must satisfy the plausibility standard articulated in Bell Atlantic Corp.

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Patent Infringement Patent Technology Art 130

Indiana Intellectual Property Law

OCTOBER 2, 2023

million jury verdict that had previously been awarded to Teva in a patent infringement suit regarding the two companies’ development of drugs with antibodies capable of treating headache disorders associated with calcitonin gene-related peptide (“CGRP”).

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Patent Infringement Patent 98

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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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.

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Patent Infringement Government Patent Contracts 106

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 105

IP Law 360

OCTOBER 2, 2024

investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell. It is critical that Congress pass a recently introduced bill that would protect U.S.

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Intellectual Property Inventor Patent Patent Infringement 98

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. Int’l Shipping Corp.,

Patent Infringement 130

Patent Infringement Intellectual Property Contracts Confidentiality 130

IP Watchdog

OCTOBER 11, 2024

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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Patent Infringement Music Patent Intellectual Property 100

Intepat

SEPTEMBER 27, 2024

In the modern landscape of technological advancement, patent thickets have emerged as a critical concern for innovators, businesses, and policymakers. A patent thicket refers to a dense network of overlapping patents that can complicate the development and commercialization of new products.

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Intellectual Property Patent Inventor Licensing 52

Indiana Intellectual Property Law

SEPTEMBER 19, 2023

LLC for patent infringemen t under U.S. Patent Laws, 35 U.S.C. §§ 271 , 281 , 283 , 284 , and 285. 8,967,940 (“the ’940 patent”) and U.S. 9,745,123 (“the ’123 patent”). 287(a) , Unverferth has affixed serial numbers to its products to identify the patents used in those products. . § Continue reading

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Cease and Desist Patent Infringement Patent Patent Law 97

IIPRD

JUNE 17, 2024

Intellectual property rights (IPRs) especially patents are extremely crucial for encouraging innovation in the pharmaceutical sector. But this may also cause increased drug costs while the patent is still in effect. But this may also cause increased drug costs while the patent is still in effect.

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Intellectual Property Marketing Marketing Journalism 64

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

JD Supra Law

SEPTEMBER 16, 2024

26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret.

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Design Patent Patent Infringement False Advertising Design 63

JD Supra Law

FEBRUARY 2, 2024

For companies that need to protect their valuable intellectual property, the choice between trade secret and patent protection can be a difficult one. By: Mintz - Intellectual Property Viewpoints There are benefits to either approach.

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Patent Infringement Intellectual Property Patent 68

IP Watchdog

MAY 3, 2022

Venture) of certain patents owned by Sunoco Partners Marketing & Terminals L.P., Sunoco sued Venture, alleging that its operation of butane-blending systems infringed claims of U.S. Patent Nos. 7,032,629 (the ‘629 patent), 6,679,302 (the ‘302 patent), and 9,606,548 (the ‘548 patent). Venture Inc.,

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Patent Infringement Patent Marketing Marketing 116

Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. Market research may also help down the road in preventing Patent Infringement actions.

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IP Watchdog

OCTOBER 12, 2022

The Pride in Patent Ownership Act, S.2774, Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law. Attaching the Pride in Patent Ownership Act to the NDAA means it will certainly become law. Patent and Trademark Office (USPTO) within 120 days.

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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 104

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 69

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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IP Watchdog

SEPTEMBER 1, 2021

Would you believe the following scenario could happen under our patent system? Commanding 50% market share in unit sales of the patented product, the patent holder prevails in patent infringement suits obtaining court injunctions against all major rivals and maintaining a strict no-licensing policy.

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Inventor Patent Patent Infringement Licensing 124

IP Watchdog

APRIL 15, 2023

On Wednesday, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a district court’s dismissal of a Florida vape company’s patent lawsuit against tobacco company Phillip Morris. HCM alleged that Phillip Morris infringed on its patent for an electronic pipe, U.S. 10,561,170.

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Patent Patent Infringement Litigation Technology 122