Patently-O

SEPTEMBER 26, 2022

It is time to pick-up our consideration of Supreme Court patent cases for the 2022-2023 term. Bottom line, no patent cases were decided by the Court in the 2021-2022 term and none were granted certiorari for the new term starting this week. Of the 17 pending patent-focused petitions, 13 are set to be decided at the long conference.

Patent Law 125

Patent Law Law Patent Invention 125

SpicyIP

AUGUST 12, 2021

Ensuring Access to TB drugs: Is Compulsory License the Way? This is especially worrying since it is common knowledge that Indian patent law contains robust flexibilities to promote patient interest. To be clear, the life saving drugs in question- bedaquiline and delamanid, are scarce, expensive and patented till 2023.

Licensing 134

Licensing Government Reporting Patent Law 134

Patent Trademark Blog

APRIL 5, 2023

Does it make sense to get a patent in China? 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. Need to file a patent in China?

Patent 98

Patent Patent Application Litigation IP 98

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

The IPKat

JULY 30, 2021

For his parting post, he returns to Germany and patent injunctions. As readers may know, the German parliament recently adopted amendments of the German Patent Act (GPA) as the final step of a reform process that spanned nearly two years [final version (German) here , earlier Katpost here , news coverage here ]. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

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

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 Litigation Technology Patent 105

IPilogue

OCTOBER 14, 2022

Pankhuri Malik is an IPilogue Writer, IP Innovation Clinic Fellow, and an LLM Candidate at Osgoode Hall Law School. In the latest development in the global patent wars between Google and Sonos, Google has sued Sonos, having filed two suits in the United States District Court for the Northern District of California on August 8, 2022.

Patent Infringement 106

Patent Infringement Patent Technology Patent Law 106

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 Patent Government Litigation 117

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 117

Contracts Law Patent Licensing 117

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 60

Intellectual Property Law Intellectual Property IP Litigation 60

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 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 84

Patent Troll Marketing Marketing Patent 84

SpicyIP

APRIL 7, 2024

Significantly, the agreement requires India to make substantive changes to its provision obligating a patent applicant to furnish information about their foreign applications corresponding to their application in India. Prathibha Sivasubramanian is a law researcher working with TWN.

Patent 72

Patent Patent Application Intellectual Property Law 72

The IP Law Blog

JULY 15, 2021

CLS Bank Int’l , which involve the limits on patent eligibility under 35 U.S.C. § For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” Patent attorneys and inventors are often left to guess whether a particular invention is patent-eligible.

Law 109

Law Patent Invention Intellectual Property 109

LexBlog IP

MAY 10, 2022

China’s Patent Linkage System. 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. Patent Attorney.

Intellectual Property 52

Intellectual Property Patent Marketing Marketing 52

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. Kibow Biotech Inc.,

Invention 69

Invention Patent Art Patent Law 69

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 56

Intellectual Property Law Intellectual Property IP Patent Law 56

Patently-O

APRIL 11, 2024

United States patents are generally territorial. Or so one may think reading the Patent Act. It would be simpler for a patent holder to just use the U.S. patent to cover foreign activity. So, when – if ever – can a patent owner receive damages for foreign activity that may flow from acts of domestic infringement?

Patent 80

Patent Invention Technology Patent Law 80

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

NOVEMBER 15, 2023

Professor Datzov is an Assistant Professor at the University of North Dakota School of Law. The Mayo/Alice framework used to determine patent eligibility has been a lightning rod for criticism since the Supreme Court’s decisions a decade ago. What we found shocked us.

Patent Law 73

Patent Law Law Patent Litigation 73

IPilogue

JANUARY 24, 2022

Little did I know that the price of patented medicines is capped on a case-by-case basis by the federal Patented Medicine Prices Review Board. The management of intellectual property, having its own dedicated counsel and litigation report separate from all other legal matters, is unsurprisingly a priority for Teva.

Intellectual Property 81

Intellectual Property Branding Brands Branding 81

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

SEPTEMBER 8, 2022

The crux of the decision is as follows: [T]he district court read our precedent as applying a bright-line rule that patent infringement notice letters and related communications can never form the basis for personal jurisdiction. Personal Jurisdiction as Not Patent Law Specific. … [T]he district court erred in this regard.

Law 51

Law Patent Law Licensing Government 51

SpicyIP

AUGUST 15, 2021

Ensuring Access to TB drugs: Is Compulsory License the Way? In this post , Rahul Bajaj and Praharsh Gour analayse the underutilisation of Indian patent law’s robust flexibilities to promote patient interest. Thematic Highlight. In an article for The Wire Science, ‘COVID Vaccines: Where Does India Truly Stand on the TRIPS Waiver?’,

Licensing 83

Licensing Government Reporting Patent Law 83

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 56

Litigation Confidentiality Designs Design 56

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. Ashley received her J.D.

Intellectual Property 52

Intellectual Property Journalism Intellectual Property Law Litigation 52

IP and Legal Filings

JANUARY 21, 2022

Huawei and Verizon settle their FRAND patent dispute concerning the infringement claims in Texas, which was done shortly after the start of the trial. Through the settlementwhich was under confidential terms, the parties settle their patent dispute and lawsuits. Image Source: gettyimages]. Chinese market.

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 52

Contracts Licensing Patent Law Law 52

Patently-O

OCTOBER 26, 2022

Patent Nos. 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. 7,789,809 and 8,136,208. Jump Rope Systems, LLC v. ” XY, LLC v.

Patent Infringement 80

Patent Infringement Patent Inventor Law 80

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 Patent Law 52

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 54

Licensing Contracts Patent Law Law 54

Biswajit Sarkar Copyright Blog

JANUARY 16, 2024

There are several types of IPRs that startups should be aware of: Patents: Patents protect new inventions and grant exclusive rights to the inventor for a limited period. These rights encompass various forms of intangible assets, including patents, trademarks, copyrights, and trade secrets.

Intellectual Property 52

Intellectual Property Cease and Desist Invention Branding 52

Fish & Richardson Trademark & Copyright Thoughts

MARCH 31, 2021

.” In the article, Betty talks about the potential impact of widespread 5G rollouts on global patent litigation, how clients are addressing SEP and FRAND issues, and where she sees these trends going in the future. CCBJ: The next major wave of global patent litigation is expected to focus on 5G.

Journalism 40

Journalism Business Litigation Intellectual Property 40

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Please let us know in the comments below. Read on to know more!

Trademark 59

Trademark Registration Copyright Patent 59

Fish & Richardson Trademark & Copyright Thoughts

JUNE 14, 2022

Moritz Ammelburg and Peter Fasse examine the patentability requirements and prosecution schemes in the US and Europe and how applicants can prepare applications that will best serve their needs in both jurisdictions. However, different countries have different patentability requirements and prosecution schemes, and these differences.

Patent Prosecution 75

Patent Prosecution Invention Inventor Patent 75

The IPKat

OCTOBER 13, 2023

The AmeriKat may not be the first before the UPC, but she is first for big eyes and cute smiles The AmeriKat has been enjoying the almost constant stream of Unified Patent Court (UPC) posts on LinkedIn. Background to the case The patent in suit [ here ] discloses methods for detecting multiple analytes in a biological sample.

Marketing 67

Marketing Marketing Technology Patent 67