SpicyIP

JANUARY 20, 2023

COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues Last month, the patent battle between COVID-19 mRNA vaccine manufacturers continued with BioNTech/Pfizer filing a strong defense and counter-claim to Moderna’s allegations of patent infringement.

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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.

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IPilogue

MAY 30, 2022

In late November 2021, Lululemon launched a lawsuit for design patent infringement against Peloton in relation to perceived similarities in the design elements of various pieces of activewear, including sports bras and leggings. This article was written as a requirement for Prof.

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JD Supra Law

MARCH 30, 2022

Applying recent Federal Circuit precedent requiring language evincing a present conveyance of patent rights, a district court in the Western District of Pennsylvania found that the contractual language “shall become the property of” did not constitute a patent assignment and did not confer a third party the right to license the patent.

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Patently-O

MARCH 18, 2024

The Federal Circuit has issued an interesting nonprecedential order in In re VLSI Technology LLC , denying VLSI’s petition for a writ of mandamus that sought to reverse a district court order allowing Intel to amend its answer to assert a declaratory judgment counterclaim regarding a patent license defense. Patent Nos.

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IP Law 360

APRIL 2, 2025

Nokia is suing Acer, Asus and Hisense for patent infringement in Europe, kicking off a fresh round of litigation over its video coding tech on the back of its license agreement with Amazon.

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IP Watchdog

MARCH 10, 2025

Last week, oral hearings concluded at the UK Court of Appeal in the ongoing patent licensing dispute between wireless communication developer Optis and consumer device giant Apple over 4G standard essential patents (SEPs) owned by Optis and practiced by Apple devices.

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JD Supra Law

JANUARY 4, 2024

. § 271(e)(2)(A)-(B): namely, that a party can be sued for patent infringement by merely filing an Abbreviated New Drug Application (“ANDA”) for a generic drug or a Biologics License Application (“BLA”) for a biosimilar drug. By: Proskauer - Minding Your Business

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IP Watchdog

DECEMBER 17, 2024

With respect to patents subject to a commitment regarding licensing on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, 2024 saw several notable developments impacting the United States. courts limit the enforcement of foreign patents, as well as attempts to have the rates for U.S.

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JD Supra Law

JUNE 6, 2024

Summary: License agreements containing a lump-sum payment “based on” a royalty rate may provide reliable evidence of a reasonable royalty rate for the licensed patent. EcoFactor sued Google for patent infringement over Google’s smart thermostat products. By: Knobbe Martens

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43(B)log

OCTOBER 9, 2023

Courts have generally harmonized the Lanham Act with the Patent Act by requiring bad faith before claims about patent infringement can constitute false advertising.

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Patently-O

JULY 21, 2022

Holt was part of forming two additional companies, BJM and Matrix and Symbiont licensed the technology (including the patent) to those companies. The agreement included a number of provisions — primarily a license with royalties for feed sold using the process.

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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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IP Watchdog

OCTOBER 18, 2024

This week in Other Barks & Bites: OpenAI explains its defensive patent strategy in a short blog post; GlaxoSmithKline sues Moderna for patent infringement related to the COVID-19 vaccine; and patent offices from the European Union, Japan, and the United States meet to discuss collaborative strategies for sustainable innovation.

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IP Law 360

MARCH 25, 2025

District Judge Alan Albright that a trial in its high-stakes patent infringement fight with VLSI Technology should focus on teasing out a disputed ownership structure that could inform whether the technology company has a license to use the chip patents. Intel Corp.

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Patent Trademark Blog

MAY 15, 2024

Instead of asking for money damages or an injunction, the accused infringer is asking the court to render a decision that their products do not infringe a particular patent. Need to defend a patent infringement claim? What if the patent owner sent a friendly letter inviting you to consider taking a license?

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IP Watchdog

SEPTEMBER 1, 2021

An inventor of a fundamental technology receives a patent less than three months after filing; despite the public disclosure of the patent, industry contemporaries fail to appreciate the invention’s significance for nearly two years; once appreciated, widespread adoption and infringement of the patent ensues.

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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.

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JD Supra Law

OCTOBER 14, 2024

Summary: A narrowly defined patent license may result in some activity falling within the scope of the patent claims, but outside the scope of the license. . Before Stark, Lourie, and Bryson. Appeal from the United States District Court for the District of Connecticut. By: Knobbe Martens

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Patent Trademark Blog

JUNE 5, 2023

Is patent enforcement possible for small companies? Whatever people may have heard about patent enforcement, one thing is clear. Almost everyone knows that patent infringement lawsuits are expensive. If patent infringement litigation is so costly, what options are available to startups and small businesses?

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IP Watchdog

APRIL 12, 2024

This week in Other Barks & Bites: three advocacy groups call on President Biden’s administration to use federal law to license the production and cut the price of an expensive cancer drug; an Illinois jury rules that Amazon owes Kove IO $525 million in a patent infringement case; and Representative Adam Schiff (D-CA) introduces legislation to (..)

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IP Law 360

FEBRUARY 4, 2025

said Monday that it has filed patent infringement claims against The Walt Disney Co. in several jurisdictions, alleging that the entertainment giant is using its video technology without a license. InterDigital Inc.

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IP Law 360

APRIL 16, 2024

A Canadian cooler maker has urged a Colorado federal judge to toss a rival's patent infringement claims in a dispute over soft-sided coolers, arguing that the rival failed to disclose a licensing agreement that shows it never had the right to claim infringement in the first place.

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IAM Magazine

JANUARY 26, 2022

Parties intending to sign licensing agreements in China should be aware of issues that can create obstacles during this process. While licensing can successfully prevent patent infringement claims, both licensor and licensee should be confident about the terms of the agreement.

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IP Law 360

NOVEMBER 5, 2024

The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.

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IP Watchdog

OCTOBER 8, 2024

Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion affirming-in-part, vacating-in-part, and remanding a district court’s dismissal of a patent infringement complaint filed by AlexSam, Inc. 6,000,608 (“’608 patent”). Today, the U.S. against Aetna, Inc.

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Indiana Intellectual Property Law

MARCH 21, 2023

DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement. 284 , pre-judgment and post-judgment interest, attorney fees and a compulsory ongoing license fee. Patent infringement cases can be complex, and the outcome can have significant implications for both the patent owner and the accused party.

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IP Law 360

DECEMBER 22, 2021

Daimler AG has entered an agreement with patent licensing pool Avanci covering standard-essential 4G patents, the parties confirmed Wednesday, after Daimler settled German patent infringement suits with Avanci members including Nokia and Sharp.

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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.

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The IPKat

FEBRUARY 23, 2023

Where it is difficult to determine the losses suffered by the right holder or the profits earned by the infringer, the amount shall be reasonably determined by reference to the multiple of the amount of the royalties for the patent license. In April 2021, Jin sued Baijia store for patent infringement.

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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.”.

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IP Watchdog

AUGUST 31, 2021

The case stems from HTC’s refusal of a 2016 licensing deal in which Ericsson proposed a rate of $2.50 per 4G device to license its standard essential patents for mobile devices. per device in 2017, which was based on the “smallest salable patent-practicing unit.” Although HTC had previously paid Ericsson about $2.50

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SpicyIP

SEPTEMBER 5, 2022

Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). Moderna’s patent infringement lawsuit is a revenue seeking activity since Moderna wants fair compensation but does not want to remove Comirnaty from the market. Image from here.

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JD Supra Law

MAY 2, 2022

The Federal Circuit has held that communications related to buying or licensing patents can form the basis for personal jurisdiction in a patent infringement lawsuit. The case of APPLE INC. ZIPIT WIRELESS, INC.

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IPilogue

NOVEMBER 1, 2022

examined two existing ways to tackle the problem: compulsory licensing and voluntary licensing. Compulsory licensing is the straightforward authorization of licensing by force outlined in the World Trade Organization’s (WTO) Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). Ballardini et al.

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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 Law 360

NOVEMBER 5, 2024

A Texas federal jury found Tuesday that a licensing company hasn't proved that certain Nokia internet protocol routers infringe a trio of patents related to technology for transmitting data, handing a win to the telecommunications giant.

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