IP Watchdog

SEPTEMBER 6, 2021

case number 19-40643: are patent laws regarding what constitutes a reasonable royalty applicable to questions of compliance with FRAND-related contractual obligations? Despite these differences, we noted that these two concepts have often been treated interchangeably by courts, often leading to confusing results.

Contracts 119

Contracts Law Patent Licensing 119

SpicyIP

OCTOBER 7, 2023

We recently came across one such short paper on “ SEP Litigations & Issues in Determining the FRAND License ” published in the September 2023 issue of the Journal of Intellectual Property Rights (see here ) and extended a guest post invitation to its authors to discuss their key arguments.

Licensing 105

Licensing Technology Litigation Patent 105

The IP Law Blog

DECEMBER 7, 2023

billion damage award against defendant Intel Corporation because it found plaintiff VLSI Technology LLC had erred on its damages calculation, that one of the asserted patents was not infringed, and that Intel was wrongly barred from raising a defense that it had a newly acquired license to the asserted patents.

Licensing 117

Licensing Government Patent Litigation 117

Patent Trademark Blog

APRIL 5, 2023

One of the most frequent questions I get about getting a patent in China is whether anyone should even bother. Why file a patent overseas when you cannot enforce it? Keep in mind that I am a US patent attorney. Our foreign patent experience has enabled us to counsel our clients on what to expect when filing patents worldwide.

Patent 98

Patent Patent Application Litigation IP 98

SpicyIP

OCTOBER 1, 2024

founded in 1993 is a full service Intellectual Property firm manned with professionals in and specializes in the practice of Intellectual Property Laws including Patents, Trademarks, Industrial Designs, Copyright, Trade secrets. Majumdar & Co.,

Registration 103

Registration Intellectual Property IP Patent Drafting 103

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

SpicyIP

OCTOBER 1, 2024

It is a prescription drug for treating HIV in adults, available in tablet and injectable forms, and is used in combination with other HIV medicines, currently licensed for treatment, not prevention, due to its high prices. The looming threat is the pending patent applications by Gilead in India.

Patent Application 124

Patent Application Patent Licensing Reporting 124

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. But this relationship soured soon after, with Sonos accusing Google of monopolistic practices and of using patent laws to squash competition from small companies.

Patent Infringement 105

Patent Infringement Patent Technology Patent Law 105

SpicyIP

APRIL 8, 2025

All students begin with a solid foundation in intellectual property, data, and competition law , delivered through our Basic Module Curriculum. Patent Law , European and U.S. Copyright Law , European and U.S. Trademark and Unfair Competition Law , Innovation and Competition Law , and Data Law.

Law 59

Law IP Intellectual Property Intellectual Property Law 59

Patently-O

JULY 9, 2024

Lemley and Lisa Larrimore Ouellette of Stanford Law School. Two of the most controversial patent law changes of the past year have involved obviousness-type double patenting, which allows applicants to patent obvious variants of their earlier patents by disclaiming the extra term of the later-expiring patent.

Patent 119

Patent Invention Inventor Litigation 119

The IPKat

AUGUST 16, 2021

Merpel does not like this form of taxi Friend of the Kat and Legal Head of Delivery for Gett in Moscow, Konstantin Voropaev has been following some developments out of Kazakhstan relating to an uptick in litigation in the taxi-app space. The patent is valid until 21 December 2023. So what is going on? Let’s start at the beginning.

Patent Troll 86

Patent Troll Marketing Marketing Patent 86

IPilogue

JANUARY 24, 2022

I was fortunate to have a patient and knowledgeable supervisor in Ben Gray with whom to discuss a number of patent issues involving litigation strategy, biologics, skinny labeling, and means by which pharmaceutical companies seek to extend their commercial monopolies.

Intellectual Property 81

Intellectual Property Branding Branding Brands 81

The IPKat

FEBRUARY 24, 2022

This annual conference will update patent litigators and attorneys on the ongoing European and EU initiatives in the field of patent law.

Intellectual Property Law 59

Intellectual Property Law IP Intellectual Property Patent Law 59

The IP Law Blog

JULY 15, 2021

Explain whether you have changed your behavior with regard to filing, purchasing, licensing, selling, or maintaining patent applications and patents in the United States as a result of the current state of patent eligibility jurisprudence in the United States.

Law 109

Law Patent Invention Intellectual Property 109

The IP Law Blog

MARCH 16, 2023

Pfizer/BioNTech claims that Moderna did not give credit to scientists at Pfizer/BioNTech and NIH who developed the underlying technology and that Pfizer/BioNTech had invented and patented aspects of the technology that Moderna used before it had obtained its patents. Pfizer/BioNTech, of course, declined to take a license.

Technology 98

Technology Licensing Patent Application Patent Infringement 98

The IPKat

APRIL 22, 2024

Accredited European Patent Litigation Certificate Course Trier & Online tutorial - Course start: 25 September 2024; Course end: 16 May 2025 ERA will offer a high-standard course giving patent attorneys the best tools to understand the legal framework and procedural rules necessary to litigate before the UPC.

Intellectual Property Law 64

Intellectual Property Law Intellectual Property IP Litigation 64

IP and Legal Filings

DECEMBER 19, 2024

A core ethical concern behind patenting Metaverse technology is that it would likely result in monopolies of patents, thereby potentially curtailing growth in open, inclusive platforms and even a type of digital divide by excluding the individual who cannot license or purchase patented ideas.

Technology 52

Technology Invention Patent Intellectual Property 52

LexBlog IP

JULY 31, 2023

In this episode, Yuri delved into the transformative potential of AI in IP Law, offering a glimpse into the future of this exciting field. Let’s dive into the key points discussed: AI in Patent Law : Yuri discusses the potential of AI in the field of patent law.

Law 52

Law IP Intellectual Property Intellectual Property Law 52

The IPKat

AUGUST 24, 2023

While the AmeriKat is still recovering from 2020, her Belgian Katfriends sum-up what was 2022 in Belgian patent litigation 'Tis the season for a look at the cases that were in 2022 from around Europe and what they mean for the IP litigation themes in those jurisdictions now that the dust has settled in 2023.

Litigation 52

Litigation Law Patent Invention 52

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.

Intellectual Property 52

Intellectual Property Patent Inventor Licensing 52

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. Patent laws acknowledge that patents play a crucial role in facilitating the exchange of goods and services.

Patent 52

Patent Licensing Intellectual Property Technology 52

IAM Magazine

SEPTEMBER 10, 2021

The appeal judges’ recent decision in favour of Ericsson over HTC endorsed the comparable licensing royalty valuation approach and confirmed such disputes were about breach of contract, not patent law.

Contracts 52

Contracts Licensing Patent Law Law 52

Patently-O

NOVEMBER 15, 2023

Even some judges on the Federal Circuit have labeled the eligibility framework as an “incoherent doctrine” [1] that might tempt district courts into “an effective coin toss,” [2] while others have openly confessed that “the nation’s lone patent court … [is] at a loss as to how to uniformly apply § 101.” [3]

Patent Law 75

Patent Law Law Patent Litigation 75

Patently-O

JANUARY 4, 2023

In the USA, civil litigation typically involves substantial discovery — with each party demanding to see the other side’s secrets. In patent law, these secrets are often at the core of the business process: product development and manufacturing processes, key product details, detailed market and sales data, etc.

Litigation 58

Litigation Confidentiality Designs Design 58

Patently-O

SEPTEMBER 8, 2022

The Federal Circuit has repeatedly stated that exercise of personal jurisdiction over a patentee is improper when the company’s only related “contacts were for the purpose of warning against infringement or negotiating license agreements.” Personal Jurisdiction as Not Patent Law Specific. 3d 1356, 1364 (Fed.

Law 53

Law Patent Law Licensing Government 53

Patently-O

SEPTEMBER 13, 2021

The decision is significant as it is the first by the Fifth Circuit to address the licensing of standards-essential patents and the meaning of “fair, reasonable and nondiscriminatory” (FRAND) licensing terms, adding to the growing body of jurisprudence already issued by the Third, Ninth and Federal Circuits in this area.

Licensing 56

Licensing Contracts Patent Law Law 56

LexBlog IP

MAY 10, 2022

This case is China’s first patent linkability case since the implementation of the new Chinese Patent Law. Patent linkability refers to a newly implemented system of Article 76 of the Patent Law of the People’s Republic of China. ” The Defendant, Wenzhou Haihe Pharmaceutical Co.,

Intellectual Property 52

Intellectual Property Patent Marketing Marketing 52

Patently-O

OCTOBER 26, 2022

There has been massive infringement since her patents issued 10-12 years ago. After failed licensing discussions, her company Jump Rope Systems eventually sued Coulter Ventures (owners of Rogue Fitness ) in 2018 for patent infringement. Jump Rope Systems, LLC v. Coulter Ventures, LLC , 18-cv-731 (S.D. ” XY, LLC v.

Patent Infringement 81

Patent Infringement Inventor Patent Law 81

LexBlog IP

AUGUST 31, 2021

The decision rejected HTC’s argument that the non-discrimination portion of the FRAND commitment required Ericsson to give HTC the same licensing terms as given larger mobile device manufacturers, because that would convert the ETSI FRAND commitment into a most-favored-licensee approach that ETSI had refused to adopt. per 4G device.

Licensing 52

Licensing Contracts Law Government 52

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. The applicants also demonstrated the obviousness of the respondent’s patent through various prior art references.

Patent Troll 40

Patent Troll Patent Invention Licensing 40

IP and Legal Filings

JANUARY 21, 2022

Also, Huawei wants to have a strong patent portfolio in the Chinese market where all such measures are more or less beneficial for it. The contention of Samsung was to set a global license rate for Ericsson’s SEP. Image Source: gettyimages]. Chinese market. Meanwhile, Ericsson sued Samsung for breach of FRAND terms.

Confidentiality 52

Confidentiality Marketing Marketing Licensing 52

IAM Magazine

SEPTEMBER 10, 2021

The appeal judges’ recent decision in favour of Ericsson over HTC endorsed the comparable licensing royalty valuation approach and confirmed such disputes were about breach of contract, not patent law.

Contracts 40

Contracts Licensing Patent Law Law 40

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.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

The IP Law Blog

JANUARY 12, 2023

Such inventions may be protectable under federal patent laws. An inventor must secure a patent application within a very short period of time to prevent the work from falling into the public domain. Lastly and most importantly, the company should understand who they are doing business with.

IP 98

IP Intellectual Property Social Media Cease and Desist 98

SpicyIP

NOVEMBER 8, 2023

Since living cells and products of nature are often involved in these inventions, clarity regarding patent eligibility is becoming more important. The discovery, development and patenting of biologics has been historically tied to the ‘product of nature’ question under patent law. CLS Bank Int’l.

Invention 69

Invention Patent Art Patent Law 69

43(B)log

JULY 15, 2022

For years, Max Rack sold Max Racks through licensing agreements with defendant Core. Freedom Rack remains the only machine on the market like the Max Rack; the plaintiff has not licensed another producer. Max Rack did not have a “noticeably stronger” “litigating position” given Core’s payment of a lot of profits/royalties before trial.

Advertising 59

Advertising Advertising Licensing False Advertising 59

SpicyIP

APRIL 7, 2024

Article 12, along with the recent amendments to the Patent Rules, restrict the obligation to disclose the “working” statement., This could make it harder to force companies to license patents if they are not being used to make affordable products in India. And further restricting policy levers such as compulsory licensing.

Patent 72

Patent Patent Application Intellectual Property Law 72