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.

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Patently-O

AUGUST 11, 2024

by Dennis Crouch The newest patent-focused petition for writ of certiorari to the Supreme Court was recently filed by Zebra Technologies , challenging the Federal Circuit’s determination that the a patentee had standing to sue for infringement even though a third party separately held rights to assign, license, and enforce patent rights.

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Traverse Legal Blog

SEPTEMBER 28, 2023

Open-source software development isn’t a new kid on the block, but its importance has skyrocketed with the emergence of game-changing technologies like blockchain and AI. Open Source Lawyers Are Critical To Your Open Source Success Very few lawyers understand software licensing , and even fewer open-source licensing.

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LexBlog IP

JUNE 29, 2023

alleging that the defendants’ adeno-associated virus (“AAV”) technology gene therapy product has infringed or will infringe U.S. 11,680,274 (“the ‘274 Patent”). ” The Biologics License Application (BLA) for SRP-9001 was accepted for priority review by the FDA in November 2022.

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Greenspoon Marder LLP

MAY 26, 2013

A company that successfully sued Microsoft for over $400 million dollars in 2004 for patent infringement, is now suing Apple for patent infringement, as well. Apple, who is no stranger to patent litigation, did not immediately respond to a request for comment.

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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.

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LexBlog IP

SEPTEMBER 28, 2023

Open-source software development isn’t a new kid on the block, but its importance has skyrocketed with the emergence of game-changing technologies like blockchain and AI. Open Source Lawyers Are Critical To Your Open Source Success Very few lawyers understand software licensing , and even fewer open-source licensing.

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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).

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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.

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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.

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Patently-O

JULY 16, 2024

by Dennis Crouch In Backertop Licensing LLC v. the Federal Circuit addressed the scope of a district court’s inherent authority to investigate potential litigation misconduct. District Court for Delaware uncovered a scheme involving shell companies like Nimitz Technologies, Mellaconic IP, and Lamplight Licensing.

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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.

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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.

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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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IP Watchdog

DECEMBER 9, 2022

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

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IPilogue

OCTOBER 25, 2022

The paradox is outlined as followed: while the existence of intellectual property (IP) protection is often justified by its contributions to improving human welfare (such as incentivizing innovators to create public goods), the benefits of technological improvements protected by these same systems are, in reality, not, experienced equally.

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Intepat

MAY 18, 2023

An example of this is the concept of Standard Essential Patents (SEP), where the intersection of patent laws and competition laws occurs. RATIONALE BEHIND SEPs A patent that protects a technology that is an essential element of an industry and becomes part of a standard for that industry is a standard essential patent.

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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.

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LexBlog IP

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.

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IP Watchdog

SEPTEMBER 21, 2023

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

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Biswajit Sarkar Copyright Blog

NOVEMBER 27, 2023

Significance of Intellectual Property Rights for Tech Startups: Innovation Protection: IPRs act as a barrier to protect the groundbreaking technological developments of tech firms, which primarily depend on innovation. Revenue Generation: Through partnerships or licensing agreements, IPR enables startups to monetize from their innovations.

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IP Watchdog

MAY 2, 2024

Zebra Technologies Corp. reversing a Western District of Texas ruling that dismissed patent infringement claims for lack of constitutional standing. On May 1, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Tech LLC v.

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The IPKat

AUGUST 8, 2022

A patent that protects technology which is essential to implementing a standard is known as a standard essential patent (SEP). As of 2020, around 95,000 patents have been declared essential for the 5G standard. Patent infringement and remedies 5. Licensing of SEPs 6. The number of declared?SEPs?doubled

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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.

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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 Uber Technologies, Inc. 2021-139, 2021-140 (Fed.

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IP Watchdog

OCTOBER 27, 2022

The England and Wales Court of Appeal this morning said that Optis Cellular Technology is entitled to an injunction before a lower court has set fair, reasonable and non-discriminatory (FRAND) terms for a license to Optis’ standard essential patents (SEPs) if Apple refuses to take a court-determined FRAND license.

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The IPKat

JUNE 22, 2023

He rejected the argument that the royalty in SEP licensing of mobile devices should depend on usage. Instead, the royalty on a 4G/LTE phone is paid because of the potential of that device to use the technology ([291]). This is not paying damages for patent infringement ([252],iii)). But this is not the position in the UK.

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The IP Law Blog

JULY 15, 2021

Explain how the current state of patent eligibility jurisprudence affects the conduct of business in your technology areas. Explain how the status of patent eligibility jurisprudence in the United States has affected any litigation for patent infringement in the United States in which you have been involved.

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Patently-O

OCTOBER 5, 2021

The Senators indicated a particular interest in learning how the current jurisprudence has adversely impacted investment and innovation in critical technologies like quantum computing, artificial intelligence, [ 6 ] precision medicine, diagnostic methods, and pharmaceutical treatments. Patent prosecution strategy and portfolio management; b.

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IP Watchdog

NOVEMBER 9, 2021

tandard Setting Organizations (SSOs) exist as a mechanism for industry innovators to work together to collectively identify and select the best and most promising innovations that will become the foundation for the entire industry to build upon for years to come.

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IP Tech Blog

OCTOBER 10, 2021

Serving a district court complaint for patent infringement on a foreign defendant usually requires compliance with the Hague Convention on Service. For the first time in more than a decade, the Federal Circuit addressed service of process under Federal Rule 4(f)(3) in its decision issued in In re: Oneplus Technology (Shenzhen) Co.,

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Patently-O

JULY 5, 2023

At the time of the lawsuit, ABS was just entering the market both in terms of selling straws and also licensing its technology so that others could make the straws. Although it was discussed before the jury and in the litigation, no decision was made as to the infringement by ABS licensees resulting from the tech transfer.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

With deep expertise in litigation and patent prosecution and counseling, the attorneys represent clients across a range of industries and in various legal venues. Newly promoted principals for 2023 are: Ashley Bolt has experience handling complex patent and intellectual property litigation in U.S. District Courts.

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Patently-O

FEBRUARY 24, 2022

20-891 (CVSG requested May 3, 2021); Res Judicata and the Patent-Specific Kessler Doctrine : PersonalWeb Technologies, LLC v. 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.

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IP Watchdog

JUNE 27, 2023

The UK High Court today issued an Approved Judgment in Interdigital Technology Corporation & Ors v Lenovo Group Ltd [2023] EWHC 1578 (Pat). million for a global FRAND (fair, reasonable and non-discriminatory) license covering sales of cellular devices from 2007 to December 31, 2023. In March, the Hon.

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IP Watchdog

MAY 11, 2022

Four scholars with the International Center for Law & Economics (ICLE) have sent comments to the European Commission urging against any changes to the EU’s legal framework for licensing of standard-essential patents (SEPs) that would limit SEP holders’ ability to seek injunctions against alleged infringers.

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IP Watchdog

FEBRUARY 4, 2024

A recent decision out of the Eastern District of Texas sheds further light on Judge Rodney Gilstrap’s interpretation of a patent owner’s commitment to the European Telecommunications Standards Institute (ETSI) pursuant to ETSI’s Intellectual Property Rights Information Statement and Licensing Declaration (“the ETSI Licensing Declaration”).

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