IPilogue

NOVEMBER 1, 2022

Abbas explored exceptions that potentially allow IP to be freely used in emergencies: the right to repair exception , the private and noncommercial use exception , and the experimental use exception , while in a September 2022 article in International Review of Intellectual Property and Competition Law (IIC), Ballardini et al.

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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.”

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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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Technology Licensing Patent Application Patent Infringement 98

Patently-O

SEPTEMBER 1, 2021

Lubby sued Henry Chung for patent infringement and won at trial with a jury verdict of almost $1 million. Back damages are further limited in by the patent marking statute of Section 287. That provision calls for a patentee to to mark any “patented article” that it sells or licenses-for-sale with the patent number.

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Licensing Patent Patent Infringement Patent Law 75

Patently-O

OCTOBER 26, 2022

Financing an infringement lawsuit is a bit tricky, especially for a total-startup (micro entity) in a fairly small market. 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.

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Patent Infringement Inventor Patent Law 81

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.

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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.

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Intellectual Property Patent Inventor Licensing 52

The IP Law Blog

FEBRUARY 2, 2023

The LKQ case involves a challenge by LKQ to the validity of a design patent owned by GM. The patent covered a design for a vehicle front fender. LKQ had licensed the patent from GM, but when the license was not renewed, GM accused LKQ of patent infringement.

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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.

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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.

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Patent Licensing Intellectual Property Technology 52

The IP Law Blog

JANUARY 18, 2024

If that information becomes known to others (outside a nondisclosure agreement or license, etc.), 101, “[w]hoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”

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Greenspoon Marder LLP

JANUARY 15, 2019

The proliferation of three-dimensional (3D) printing has led to unique challenges and novel issues in the context of intellectual property law and, in particular, patent law. Due to the protracted nature of the legal system, modern innovation and technological advancements always seem to outpace the law.

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IP Music Intellectual Property Law Copyright Infringement 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. ” Breckenridge Pharm.,

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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.

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Licensing Contracts Law Patent Law 52

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. Verizon then filed counterclaims against Huawei, accusing Huawei of patent infringement. Chinese market.

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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.

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The IPKat

FEBRUARY 14, 2022

OxFirst - Damage Calculations in Patent Infringement Cases in the U.S.A. - 24 February 2022 OxFirst will hold a webinar on 24 February 2022, from 4:00pm to 5:00pm (CET), to discuss damage calculations in patent infringement cases in the US. Further details about the event and registration can be found here.

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More Than Your Mark

FEBRUARY 11, 2019

Despite the widely diverging needs of the different industries that make use of the US patent system, US patent law applies essentially the same rules to innovations from all technology fields. PTE – Additional patent term given to compensate for commercialization delays due to premarket regulatory review. Biosimilars.

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SpicyIP

JANUARY 16, 2023

On this, Aparajita discussed the inherent public interest involved in accessing this information and argues how the disclosure of the COVID-19 vaccine license is a global norm and is followed by the US and the UK. Mumbai Port Trust, the government is obligated to provide the access to these licenses. Other Posts. Case Summaries.

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Intepat

OCTOBER 6, 2024

While most patent offices, including the United States Patent and Trademark Office (USPTO), have ruled that AI cannot be listed as an inventor, the debate continues. As AI technologies evolve, regulators and lawmakers may need to revisit patent laws to accommodate the unique challenges posed by AI innovation.

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SpicyIP

MARCH 21, 2024

Pre-Grant Opposition The first proposal relates to amending the pre-grant opposition mechanism, which allows patent applications to be opposed before the Patent Office officially “grants” the patent. This commercial information is invaluable to the Patent Controller in compulsory licencing proceedings.

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IP and Legal Filings

SEPTEMBER 13, 2022

Should you go for Patents or Copyrights? However, software enjoys dual protection under copyright and patent law, but which law prevails will depend on the strategic advantage sought by the applicant. Such license is to be granted by a written agreement wherein all the terms and conditions are precisely mentioned.

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LexBlog IP

JANUARY 18, 2024

If that information becomes known to others (outside a nondisclosure agreement or license, etc.), ” But there are exceptions and exclusions under patent law. For example, courts have found that abstract ideas, natural phenomena, and laws of nature are not patentable. then it is no longer a trade secret.

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The IP Law Blog

NOVEMBER 3, 2022

and the wealthy countries, Moderna announced that it expected its competitors to respect Moderna’s intellectual property and that it would offer patent licenses on reasonable terms to those who asked. On August 26, 2022, Moderna sued Pfizer and BioNTech for patent infringement in the district court in Massachusetts.

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Garrigues Blog

JUNE 24, 2024

Recent judgments handed down in the US, China, UK and Germany illustrate the complexity of this subject that affects both patent law as well as competition law. Implementers must in turn prove that they are willing to negotiate licenses on FRAND conditions from the time they receive the notice from the SEP holders.

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Licensing Patent Confidentiality Reporting 52

SpicyIP

SEPTEMBER 12, 2024

It is spread across 17 chapters starting with a general primer on Singaporean copyright law before moving on to more detailed chapters on each aspect of Singaporean copyright law such as originality, infringement of copyright, exceptions, performances etc. Except under S.

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Copyright Law Copyright Law Intellectual Property 81

The IPKat

SEPTEMBER 14, 2022

The book's cover wonderfully matches the colours of the Villa Salviati gardens This is a book review of IP Accidents: Negligence Liability in Intellectual Property , by Patrick Goold , City Law School, University of London. Léon is currently finishing his PhD on the proportionality principle and injunctions for patent infringement in EU law.

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IP Intellectual Property Patent Law Technology 91

The IPKat

SEPTEMBER 15, 2022

After a methodological introduction in Chapter 1, Wernick follows in Chapter 2 with a discussion of the economic consequences of over- and underprotection in patent law. Notably, overprotection may lead to a decrease in patent quality (where an existing patent is in fact invalid) or to issues of interoperability between products.

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The IPKat

JANUARY 2, 2022

The dispute raised questions about a long-debated issue, namely the unauthorized use of images first posted on Instagram and other social media platforms (particularly in light of social media platforms' terms and conditions that allow authors to grant an implied license to repost their works on the platform).

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IP Watchdog

OCTOBER 21, 2021

So, even though it is believed Judge Koh can and will easily receive a favorable confirmation vote, the questions relating to the intersection of antitrust and patent law demonstrate a keen awareness and interest in these issues on the Senate Judiciary Committee.

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Fish & Richardson Trademark & Copyright Thoughts

JANUARY 3, 2023

with a patent law concentration with intellectual property certificate, from the University of Connecticut School of Law in 2013. While there, he was a member of the IP and Technology Law Society, Military Law Society, and National Black Law Students Association. Joel received his J.D., in history.

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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. Justice Prathiba M Singh’s Commentary on patents law released.

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SpicyIP

JULY 20, 2024

Unending Compulsory Licensing (“CL”) Discussion: Reading SpicyIP old pages, I found this decade-old post called Compulsory Licensing is Not a Bad Word! discussing India’s first Compulsory License (“CL”). There’s a reason why it’s only once in the life of Indian patent law that a CL was granted, check Prof.

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Intepat

DECEMBER 16, 2024

Claim mapping further helps in portfolio management by identifying the gaps in patents and strategically categorizing patents and claims, identifying redundancies, and recognizing key assets. Separate categorization of higher value patents also facilitates the process of licensing and negotiations.

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