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A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patentinfringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). SecurityPoint brought its claim for patentinfringement against the United States under 28 U.S.C.
Anyone developing or marketing an innovative product will want to ensure that they do not infringe existing intellectual property rights. This includes avoiding indirect patentinfringement by providing specific instructions or the technical possibility of using a patented function. By: A&O Shearman
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 patentinfringement and violation of federal antitrust laws. Xockets, Inc. eBay world.
Michelle Mao is an IPilogue Writer and a 2L JD Candidate at Osgoode Hall Law School. 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. This exposes some concerns about our patentlaws.
Magpul Sues Elite Tactical Systems over Alleged PatentInfringement Over Polymer Ammo Magazines Magpul Industries Corporation has filed a patentinfringement lawsuit against fellow firearm accessories manufacturer Elite Tactical Systems Group, LLC. The plaintiff alleges that the defendant has infringed upon U.S.
On June 28, 2024, the United States Patent and Trademark Office (USPTO) issued a Notice requesting public comments on the current state of the common law experimental use exception to patentinfringement and whether Congress should consider codifying the experimental use exception through legislative action.
BioNTech/Pfizer’s response is below: This article was originally published on Bill of Health , the blog of Petrie-Flom Center at Harvard Law School. COVID-19 Vaccine PatentInfringement? In their initial August 2022 complaint , Moderna alleged that three of its mRNA patents were infringed by Pfizer/BioNTech.
271(e) to limit the number of patents a drug manufacturer can assert in a patentinfringement lawsuit against biosimilars and generics companies. The APPA was first introduced to the House on January 30, 2023 by Representative John Cornyn (R-Tx), with the aim of reducing drug prices. By: MoFo Life Sciences
Harvard University has sued Samsung, alleging that the latter’s chip technology infringes two patents owned by the university. By: AEON Law The case is President and Fellows of Harvard College v. Samsung Electronics Co, U.S. District Court for the Eastern District of Texas, No. 2:24-cv-00636.
reversing-in-part the District of Delaware's post-trial rulings of judgment as a matter of law (JMOL) of noninfringement in favor of Shibuya. Shibuya Hoppman Corp.,
s argument in its fight at the Federal Circuit that Idaho's law barring "bad faith" allegations of patentinfringement is constitutional. Attorneys general from 27 states, along with tech industry lobbying groups, have thrown their support behind Micron Technology Inc.'s
for patentinfringement in the Northern District of California, with Fenwick representing Meril in the district court case and the recent appellate victory. In 2019, Edwards Lifesciences Corporation sued Meril Life Sciences Pvt. By: Fenwick & West LLP
In September of last year, and in light of a corresponding Japanese patentinfringement suit, I published an article detailing how The Pokmon Company had filed two patent applications at the United States Patent and Trademark Office (USPTO) after the release of Palworld.
In March, Samsung agreed to pay UK Nanotechnology Company Nanoco USD 150 million in a patentinfringement dispute over patents used in QLED televisions that featured legal team from Wei Chixue Law Firm of Linda Liu Group - a Top 10 IP Law Firm in China. By: Linda Liu & Partners
” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust. Patent Nos. Objectively Baseless : The Federal Circuit has given patentees a fairly-wide berth with regard to public accusations of infringement and customer cease-and-desist letters. Light-Netics owns U.S.
28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for its patent application. The underlying patent litigation allegedly fraudulently induced Cap Export to enter into a $1.1 Zinus, Inc., 2023 WL 6381821, No. and to Amazon.
accusing them of infringing on patents related to commercial lighting control technology. The patents in question, U.S. Patent Nos. Heartland, Inc. filed a lawsuit against Povolny Specialties, Inc., 9,788,391 B1 and 10,390,400 B1, were central to Heartland’s claims. By: Whitcomb Selinsky, PC
million jury verdict that had previously been awarded to Teva in a patentinfringement suit regarding the two companies’ development of drugs with antibodies capable of treating headache disorders associated with calcitonin gene-related peptide (“CGRP”).
The case addressed longstanding questions about the jurisdiction of European courts when patent invalidity is raised as a defence in an infringement case. The CJEU found that national courts maintain jurisdiction over infringement claims against defendants domiciled in their territory, even when invalidity of foreign patents is raised.
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. Ram Manohar Lohiya National Law University, Lucknow. Dharmendra Vora case, the 2015 Vifor (International) Ltd.
This prompted the question for me: who actually files appeals in patentinfringement 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) ).
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 patentinfringement cases., while also " integrating pertinent patentlaw doctrines ".
LLC for patent infringemen t under U.S. PatentLaws, 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
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.
as a major turning point in American patent and antitrust law. The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. Just a few years later, the Supreme Court reversed course in Motion Picture Patents Co.
Legal basis of the judgment - Article 11 of the Interpretation of the Supreme People’s Court on Some Issues concerning the Application of Law in the Trial of Disputes over Infringement of Patent Rights gives the basic principle that the determination of identical or similar designs should take into consideration the overall visual effect based on the (..)
On March 21, the Court of Appeals for the Federal Circuit held in a precedential opinion that legal fees incurred by generic drug companies in defending against patentinfringement suits brought under the Hatch-Waxman Act constitute ordinary and necessary business expenses that may be deducted in the year in which they are incurred, and do not need (..)
However, a recent ruling offers crucial clarity for companies relying on AWS: simply using AWS servers in the region does not automatically establish venue for patentinfringement cases in the Eastern District of Virginia. million businesses. By: Baker Botts L.L.P.
Recent case law may impact the timing of defendant technical expert analysis and opinion regarding non-infringing alternatives in patentinfringement litigation. On March 13, 2024, Magistrate Judge Roy S.
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.,
In the first part of this post, I had covered the Parliamentary Standing Committee’s Report recommendations on amendments to Section 3 of the Patents Act. Flexibility in Procedure or Bending Over Backwards for Higher Patent Filing? The recommendations on making procedural norms of patent filing less stringent are noteworthy.
He was talking to the potential jurors as voir dire was just about to begin. — Dennis = = = We are engaged or about to be engaged this morning in the selection of a jury in the civil case involving allegations of patentinfringement.
District Judge Yvonne Gonzalez Rogers issued an order denying Cellspin Soft’s motion for recusal that sought the vacatur of a summary judgment that released Fitbit, Nike, Under Armour, and others from patentinfringement liability.
The key issue was whether a patentinfringement action commenced in Alberta falls under the two-year limitation period in the provincial Limitations Act or the six-year period in the federal Patent Act. Alliance Pipeline Limited Partnership (Decision).
Navigating patentinfringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation strategies are crucial for defending against infringement claims and minimizing disruption to ongoing innovation.
The US Patent and Trademark Office is requesting public feedback on the current experimental use exception’s impact on technology sectors—and the public’s appetite for expanding the exception. By: Morgan Lewis
Department of Justice (DOJ) plans to ask a judge to force Google to sell Chrome in an ongoing legal case accusing Google of monopolistic practices; WIPO member states adopt the Riyadh Design Law Treaty; and the U.S.
reversing and remanding a district court ruling that had dismissed Kroys patentinfringement claims based on collateral estoppel. By: Hudnell Law Group Groupon, Inc., Kroy IP Holdings, LLC v. Groupon, Inc., 23-1359, 2025 U.S. LEXIS 2967, at *1 (Fed.
Private property rights like patents that cover inventions promote a growing innovation economy and a flourishing society. Without them there would be idle curiosity, but Continue reading
Discover the increasing trend of patentinfringement litigation, the importance of a robust IP strategy, and real-world examples of how companies can protect their innovations. Learn about the risks and opportunities for businesses, and hear compelling stories of how strategic IP management can lead to successful.
and TWM IP LLC have filed a patentinfringement lawsuit against Alltrista Plastics LLC concerning U.S. 9,585,460 (the “‘460 Patent”). The plaintiffs claim that the defendant’s products unlawfully replicate the patented technology and that the infringement has been willful.
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