SpicyIP

JULY 23, 2021

The main finding of the paper was the insufficient working of these patents during and even after the patent period. In this post, I shall discuss the impact of non-working, the possible remedies in revocation and compulsory licensing, the issues surrounding disclosure of working and possible reforms in the system.

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Patent Licensing Invention Government 126

The IP Law Blog

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

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Law Patent Invention Intellectual Property 109

Patently-O

MAY 15, 2024

Although Dick/Edison had patented the machine, they were an early adopter of the subscription model and wanted to also be the exclusive seller of copying supplies. Third party ink seller Sidney Henry sold ink to a buyer of the machine, despite knowing of the restriction, and was sued for contributory patent infringement.

Patent Law 111

Patent Law Patent Law Invention 111

SpicyIP

SEPTEMBER 5, 2022

Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). Moderna’s patent infringement lawsuit is a revenue seeking activity since Moderna wants fair compensation but does not want to remove Comirnaty from the market. Image from here.

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Litigation Patent Technology Ownership 137

IPilogue

DECEMBER 20, 2022

Rovi’s revenue model is to license a portfolio for a rate without consideration for the number of patents. Videotron did not renew its license which expired in 2016. Videotron claimed they licensed to avoid litigation, and later realized that Rovi’s portfolio is obsolete. Rovi’s conduct. Videotron’s Conduct.

Litigation 118

Litigation Inventor Invention Licensing 118

IIPRD

JANUARY 23, 2023

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. Amazon often face patent violations with its increasing customer base and involvement of third-party seller. Patent infringement can occur in both of these roles.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

The IP Law Blog

FEBRUARY 2, 2023

Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods). To be patentable, however, both designs and functional inventions must satisfy two requirements. The patent covered a design for a vehicle front fender. Telflex, Inc.,

Design Patent 98

Design Patent Designs Design Patent 98

Patently-O

APRIL 16, 2022

The text of the Patent Act suggests that obviousness is a straightforward inquiry: find how the claimed invention differs from the prior art and ask whether, based upon those differences, an objective artisan would deem the invention obvious. Von Langsdorff Licensing Ltd. , Von Langsdorff Licensing Ltd. ,

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Invention Patent Art Licensing 99

The IP Law Blog

MARCH 16, 2023

I recently wrote about the patent infringement lawsuit filed by Moderna against Pfizer/BioNTech over the COVID-19 vaccine. In its complaint filed in federal district court in Boston last August, Moderna alleged that Pfizer/BioNTech infringed three of Moderna’s patents in developing the Pfizer/BioNTech COVID-19 vaccine.

Technology 98

Technology Licensing Patent Application Patent Infringement 98

Patently-O

OCTOBER 5, 2021

Like the dissenting judge on the panel, several of the opinions denying rehearing en banc faulted the panel majority for establishing a new “nothing more” test—if the claimed invention “clearly invokes a natural law, and nothing more, to accomplish a desired result”—for patent ineligibility. patent enforcement and litigation; c.

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Patent Intellectual Property Invention Inventor 102

Kashishipr

JUNE 3, 2021

In the modern world, things such as overseas inter-company transactions of IP, franchising models, licensing, mergers, and acquisitions, etc., Even for authentic inter-company transactions for royalties or license fees, tax authorities of most developed nations necessitate tax on IP assets. The United States of America.

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Intellectual Property Ownership IP Licensing 98

The IP Law Blog

JANUARY 18, 2024

Patent and Trademark Office (“USPTO”) states, ” a trademark protects brand names and logos used on goods and services. A patent protects an invention. For example, if you invent a new kind of vacuum cleaner, you would apply for a patent to protect the invention itself.” then it is no longer a trade secret.

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Confidentiality Invention Business Artistic Work 113

Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. ” IT sued Zebra for infringement in the W.D.Tex.,

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Licensing Patent Ownership Patent Infringement 56

Patently-O

DECEMBER 2, 2021

Although Arbutus has apparently not threatened Moderna with an infringement action, it has apparently requested a broader license agreement and refused to issue a covenant-not-to-sue. Moderna challenged the patents via IPR in 2018 and 2019 so that it could use the inventions without royalty payments or other reporting.

Patent 97

Patent Licensing Invention Art 97

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

Intellectual Property Law Blog

APRIL 5, 2021

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. In this scenario, the pooling companies may own complementary patents that enable a technical standard.

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Patent Licensing Intellectual Property Technology 100

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 Invention Patent Marketing 52

IPilogue

APRIL 22, 2022

ViiV alleges Gilead infringed upon patent 385 under the doctrine of equivalents, which has two exclusions: dedication-disclosure and specific exclusion. The doctrine of equivalents prevents parties from circumventing literal infringement by making minor variations to a patented invention.

Patent 119

Patent Settlement Invention Inventor 119

IP Close Up

NOVEMBER 30, 2023

But patents no longer provide the right exclude others from practicing an Continue reading History has proven that innovation comes from everywhere, not just the leading businesses.

Patent Infringement 77

Patent Infringement Patent Business Invention 77

Patently-O

FEBRUARY 29, 2024

provides a lesson into the importance of carefully drafting—and understanding—the scope of licensing terms, especially covenants not to sue. Background In 2005, AlexSam licensed its prepaid card patents to MasterCard in exchange for ongoing royalties based on the number of “Licensed Transactions.”

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Licensing Contracts Patent Law Patent 52

IP Watchdog

JANUARY 10, 2022

In that ruling, the Federal Circuit found that Apple’s choice to enter a patent licensing agreement with Qualcomm covering the patents-at-issue extinguished Article III standing as to Apple’s appeals from the Patent Trial and Appeal Board (PTAB).

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Licensing Patent Invention Patent Infringement 105

SpicyIP

FEBRUARY 19, 2024

Nhk Spring Co Ltd vs Controller Of Patents And Designs on 8 February, 2024 (Delhi HC) An Appeal was filed against the order of the Controller of Patents for rejecting the patent application titled ‘Suspension and compression cold spring for suspension” on the ground of lack of inventive step.

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Invention Music Art Patent Application 105

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 40

Patent Infringement Patent Licensing Invention 40

Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

These rights safeguard intangible assets resulting from human creativity and innovation, allowing creators to have control and benefit from their inventions or creations. 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

Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127. See Phillips v.

Patent 97

Patent Patent Infringement Copying Technology 97

SpicyIP

SEPTEMBER 25, 2023

The defendant asserted that the invention lacked novel hardware and was primarily software-based, making it ineligible for patent protection. Other Developments Delhi High Court records evidence by live transcription in patent infringement suit. Burger King Corporation v. Swapnil Patil & Ors. on 15 September.

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Cease and Desist Copyright Infringement Invention Social Media 105

SpicyIP

JANUARY 23, 2023

Other Posts COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues The litigation surrounding mRNA patent thickens in the USA as Pfizer/ BioNTech files defence and counterclaims against the patent infringement allegations made by Moderna.

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Designs Design Invention Registration 105

LexBlog IP

APRIL 3, 2023

This is an important decision to review in understanding licensing and litigation of international SEP portfolios. For example, the Court ruled that an injunction may be entered against an standard-compliant product if even a single SEP is found to infringe. those who stall licensing negotiations).

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Licensing Technology Intellectual Property Patent 52

The IPKat

SEPTEMBER 15, 2022

Its focus is on how open approaches to innovation may overcome market failures in situations where patent protection blocks subsequent improvements of an existing invention (also called “follow-on innovation”). This, in turn, brings on such market failures as excessive royalties or unjustified refusal to license a patent.

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Licensing Art Marketing Marketing 60

IP Intelligence

APRIL 27, 2022

A party sued for patent infringement may seek to shift some or all of its liability through an indemnification claim. Linda’s Leather, LLC, accused Victor Zambrano of patent infringement. Linda’s Leather, LLC v. Zambrano , No. 5:21-CV-046-CHB, 2022 WL 100216 (E.D. Each was dismissed.

Patent Infringement 52

Patent Infringement Inventor Patent Invention 52

Patently-O

FEBRUARY 24, 2022

Qualcomm had previously sued Apple for patent infringement, and Apple responded with a set of inter partes review petitions. The settlement also included a license to thousands of Qualcomm patents. The invention in Yu was a multi-lens camera deemed abstract by the Federal Circuit. Energy Heating, LLC.

Patent Law 95

Patent Law Law Patent Litigation 95

The IPKat

JANUARY 24, 2023

non-infringement or that a patent is standard essential), and on FRAND (fair, reasonable and non-discriminatory) licensing. The book’s main focus being substantive law, most of the chapters cover core issues of patent law. Infringement issues are addressed in chapters 3-5. the Bolar exemption and exhaustion).

Patent Law 66

Patent Law Law Patent Editing 66

Intepat

OCTOBER 10, 2024

Introduction Patent trolls are entities that do not actively develop their inventions but instead acquire patent rights for obvious inventions to prevent others from working on them or to collect licensing fees. On the flip side, the negative effects of patent trolls are significant.

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Patent Troll Patent Invention Licensing 40

Intepat

SEPTEMBER 27, 2024

The outcome of such patent thickets is far-reaching, such as: Innovation Stifling: Patent paralysis slows the pace of technological advancement, ultimately hindering overall economic growth due to fear of infringement. The fear of litigation can further deter innovation and investment.

Intellectual Property 52

Intellectual Property Patent Inventor Licensing 52

LexBlog IP

APRIL 27, 2022

A party sued for patent infringement may seek to shift some or all of its liability through an indemnification claim. Linda’s Leather, LLC, accused Victor Zambrano of patent infringement. Linda’s Leather, LLC v. Zambrano , No. 5:21-CV-046-CHB, 2022 WL 100216 (E.D. Each was dismissed. ” Id.

Patent Infringement 52

Patent Infringement Inventor Invention Patent 52

LexBlog IP

JULY 15, 2021

Step 2: If the claims are directed to an abstract idea, then the court determines whether the claims include elements showing an inventive concept that transforms the idea into a patent-eligible invention. Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

Law 52

Law Invention Patent Intellectual Property 52

IP and Legal Filings

MAY 13, 2022

Compulsory licensing is a highly debated question of the hour in the context of the pandemic. The present case deals with the compulsory license awarded to a domestic generic pharmaceutical private company, Natco, for the manufacture and sale of the kidney cancer drug Nexavar, patented by Bayer Corporation in India.

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Licensing Government Invention Patent 52