43(B)log

OCTOBER 9, 2023

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 and to Amazon. and to Amazon.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

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.

Litigation 106

Litigation Patent Troll Patent Technology 106

IPilogue

OCTOBER 14, 2022

Expectedly, the decision to remove functionality instead of licensing the patents from Sonos has caused some friction with Google’s customers. Sonos claims that Google’s infringement of over 100 of Sonos’ patents is deliberate and a business model. Neither company has a history of using patent laws offensively.

Patent Infringement 106

Patent Infringement Patent Technology Patent Law 106

Patent Trademark Blog

JUNE 7, 2023

What makes the cost of patent litigation so high? What would you think if I told you that the average patent litigation cost exceeds well over $1 million ? To put it another way, how would you feel knowing that one million dollars might not get you halfway through a patent lawsuit?

Litigation 52

Litigation Patent Patent Infringement Licensing 52

LexBlog IP

DECEMBER 20, 2023

Court of Appeals for the Federal Circuit [1] reversed a lower court’s denial of Intel Corporation’s (“Intel’s”) motion for leave to amend its answer to assert a new license defense in a patent infringement suit brought by VLSI Technology LLC (“VLSI”). and Finjan Software, Inc.

Licensing 52

Licensing Contracts Litigation Technology 52

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 Videotron claimed they licensed to avoid litigation, and later realized that Rovi’s portfolio is obsolete.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 119

Litigation Invention Inventor Licensing 119

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

Traverse Legal Blog

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

Patent Trademark Blog

DECEMBER 11, 2023

Whether you are a patent owner or an Amazon seller, you need the right kind of legal expertise when it comes to patent infringement. Patent agents do not litigate and, therefore, have little to no infringement experience. Need to fight an Amazon patent violation so you can sell more products?

Patent 52

Patent Patent Infringement Licensing Litigation 52

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.”

Licensing 52

Licensing Contracts Patent Law Patent 52

Patently-O

FEBRUARY 7, 2023

Mo 2023) Bayer and its subsidiary Monsanto have filed a new set of patent infringement lawsuits against farmers who saved seeds and replanted them in violation of Monsanto Roundup Ready patents and license agreements. Monsanto’s original patents on genetically modified plants have all expired. Pierce, et al.

Litigation 75

Litigation Patent Patent Infringement Contracts 75

IP Watchdog

JANUARY 11, 2022

Patent licensing and technology transfer is a cornerstone of modern economies, where the efficiencies of collaboration and division of labor do not require firms to be vertically integrated. This short article focuses on how risk – in the economic and legal sense – changes over time, and what this implies for patent licensing dynamics.

Licensing 122

Licensing Business Marketing Marketing 122

IP Watchdog

APRIL 21, 2023

In late March, news broke that the European Commission was drafting sweeping regulations on the licensing of standard essential patents (SEPs). In its current form, the new regulatory framework would encourage increased transparency in SEP licensing through several new policies and procedures.

Licensing 75

Licensing Intellectual Property Patent Patent Infringement 75

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 52

Patent Infringement Patent Licensing Invention 52

IP Watchdog

DECEMBER 21, 2023

With respect to patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, 2023 saw many interesting developments.

Licensing 59

Licensing Government Patent Patent Infringement 59

IP Watchdog

APRIL 23, 2023

The European Union is reportedly considering sweeping new regulations for the licensing and litigation of standard essential patents (SEPs), which make fair-minded observers wonder whether any sane adults are in charge at the European Commission (EC).

Patent 131

Patent Licensing Litigation Marketing 131

LexBlog IP

SEPTEMBER 28, 2023

As more and more projects in these fields adopt open-source licensing, the legal complexities tied to these licenses are becoming increasingly relevant, with dual licensing being a case in point. Second, altering the license could alienate a project’s community, leading to forks or abandonment.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

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

IP Watchdog

DECEMBER 20, 2022

While 2022 was somewhat less eventful than 2021 in terms of significant developments in fair/reasonable and non-discriminatory (FRAND/RAND) licensing occurring in the United States, the past year still did not disappoint and underscores the continued and growing interest from government in the standards related patents space.

Licensing 69

Licensing Government Patent Patent Infringement 69

IP Watchdog

FEBRUARY 9, 2022

The appellate court for a second time ordered the district court “to make particularized determinations as to whether the third-party licensing information sought to be sealed should be made public.”.

Licensing 69

Licensing Patent Infringement Litigation Intellectual Property 69

IP Watchdog

APRIL 11, 2022

District Court for the district of Delaware in a patent infringement suit brought by Meso Scale Diagnostics (Meso) against Roche Diagnostic Corporation and BioVeris Corporation (collectively Roche). Court of Appeals for the Federal Circuit (CAFC) affirmed, reversed, vacated, and remanded a decision by the U.S.

Patent 116

Patent Patent Infringement Licensing Litigation 116

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 69

Patent Infringement Patent Business Invention 69

The IPKat

SEPTEMBER 23, 2022

The winds of a busy Belgian court term blows through the IPKat's wild ancestor's mane (c) Christopher Stothers 'Tis the season for a look at the cases that were in 2021 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2022. The decisions we (arbitrarily!)

Litigation 80

Litigation Law Patent Invention 80

IP Watchdog

SEPTEMBER 6, 2021

Despite these differences, we noted that these two concepts have often been treated interchangeably by courts, often leading to confusing results. Pursuant to appeal of that decision, however, the United States Court of Appeals for the Fifth Circuit has now addressed the photonegative question in HTC Corp.

Contracts 119

Contracts Law Patent Licensing 119

LexBlog IP

SEPTEMBER 28, 2021

As we previously reported , AbbVie Inc. (“AbbVie”) brought an action on April 27, 2021, in the Northern District of Illinois for patent infringement against Alvotech hf. Patent Nos. 6,805,686; 8,926,975; 8,961,973; 8,999,337; 9,067,992; 9,085,619; 9,187,559; 9,512,216; 11,083,792; and the patent issuing from U.S.

Litigation 40

Litigation Reporting Patent Application Patent Infringement 40

IP Watchdog

SEPTEMBER 21, 2023

While the result is reasonable, the explanations provided by the court raise several questions.

Licensing 52

Licensing Patent Patent Infringement Litigation 52

Patently-O

DECEMBER 11, 2022

Some background and how this Played out for Uniloc : HP sold several patents to Uniloc back in 2017 who then sued Apple, Motorola, and Blackboard for patent infringement. Uniloc has a litigation financing relationship with Fortress with the patents serving as collateral for the deal. The two other cases, Uniloc v.

Licensing 131

Licensing Settlement Litigation Patent 131

JD Supra Law

DECEMBER 14, 2021

A number of small providers are receiving patent demand letters with a settlement or licensing offer to avoid litigation. Many of these letters are a typical part of the playbook of entities that have been variously called “non-practicing entities” (NPEs) or “patent trolls.” How should you respond? Should you respond?

Patent Troll 52

Patent Troll Settlement Litigation Patent 52

IP Watchdog

JANUARY 3, 2024

entered into a settlement and license agreement in 2014, following years of patent litigation over their competing glucose monitoring system patents. Court of Appeals for the Federal Circuit (CAFC) today issued a precedential ruling that affirmed a district court’s denial of preliminary injunction to DexCom, Inc.,

Settlement 59

Settlement Contracts Government Licensing 59

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

IP Watchdog

NOVEMBER 6, 2022

and Uniloc 2017 all lacked standing to sue Motorola and Blackboard for patent infringement because it was collaterally estopped by a previous decision in its case with Apple. Court of Appeal for the Federal Circuit (CAFC) affirmed a district court decision that Uniloc USA, Inc., Uniloc Luxembourg, S.A.

Patent Infringement 75

Patent Infringement Licensing Patent Contracts 75

IP Watchdog

DECEMBER 9, 2022

International Trade Commission; Ericsson and Apple Settle all patent litigation; the U.S.

IP 59

IP Patent Infringement Licensing Litigation 59

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. the comparable license method and the top-down approach).

Patent Law 84

Patent Law Law Patent Editing 84

SpicyIP

MARCH 15, 2024

This post does not, in any manner, get into the arena of willingness or unwillingness of defendants to enter into a licensing agreement. Background The Petitioner, InterDigital (“ID”), initiated patent infringement proceedings against Oppo, One Plus and Redme (“defendants”) concerning 8 standard essential patents.

Patent Infringement 59

Patent Infringement Settlement Patent Licensing 59

IP Watchdog

FEBRUARY 13, 2023

s patent on an isolated form of vitamin B3 are directed to unpatentable subject matter under Section 101. ChromaDex sells dietary supplements embodying the patent, which it licenses from Dartmouth College, and sued Elysium for patent infringement in 2018. Judge Prost authored the opinion.

Patent 75

Patent Patent Infringement Licensing Litigation 75

IP Intelligence

JULY 14, 2021

Court of Appeals for the Federal Circuit recently issued a precedential opinion discussing plaintiffs’ attempts to influence venue through reliance on a licensing agreement that purported to limit where a patent infringement suit “might have been brought.” See In re Samsung Electronics Co. 2021-139, 2021-140 (Fed.

Litigation 52

Litigation Licensing Patent Infringement Patent 52

Kashishipr

DECEMBER 28, 2021

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

IP 105

IP Patent Invention Licensing 105