Patently-O

FEBRUARY 24, 2022

The settlement also included a license to thousands of Qualcomm patents. Here’s the problem — in its appeal, Apple was not able to show Apple’s rights or duties under the license would change if the patents were cancelled. This question ties the case directly to MedImmune, Inc. Genentech, Inc. ,

Patent Law 95

Patent Law Law Patent Litigation 95

The IPKat

JULY 30, 2021

Thus, the GPA will henceforth include an explicit proportionality defense to permanent injunctions in patent law. Reportedly, several German patent judges immediately commented along similar lines [ here ]. here , at 5]; novel generations of pharmaceuticals that make prior patent clearance difficult [e.g. here and here ].

Patent Law 95

Patent Law Law Patent Intellectual Property 95

IP and Legal Filings

JANUARY 27, 2025

[Image Sources: Shutterstock] Addressing the Challenges: To mitigate the risks associated with IPR in AI, stakeholders can adopt several strategies: Data Licensing Agreements: It is futile to train models using datasets that do not possess the right license and accreditation from the owners.

Intellectual Property 101

Intellectual Property Designs Design Licensing 101

The IPKat

MARCH 31, 2025

Intended to offer a thorough introduction to European IP law, the course will be covering key topics like: EU and international legal framework Trade marks and designs, including the EU design reform Geographical indications, including for handicraft products Copyright and the digital age Patent law, SPCs, the Unified Patent Court and patent litigation (..)

Intellectual Property Law 64

Intellectual Property Law Law IP Intellectual Property 64

SpicyIP

NOVEMBER 19, 2024

Having freelanced as a patent research analyst, he developed an interest in patent prosecution and in exploring the Patents Act through various interpretative approaches. He is currently engaged in WIPO-Harvard Law School Course in Patent Law and Global Public Health.

Privacy 111

Privacy Reporting Copyright Government 111

JD Supra Law

FEBRUARY 21, 2024

Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar.

Licensing 65

Licensing Litigation Patent Patent Law 65

JD Supra Law

FEBRUARY 26, 2024

Kilpatrick’s Alton Absher and Andie Anderson recently presented “Updates in Standard Essential Patent Licensing and Litigation” at the firm’s annual 2024 Advanced Patent Law Seminar.

Licensing 65

Licensing Litigation Patent Patent Law 65

The IPKat

DECEMBER 11, 2023

Injunctions are all the rage in contemporary patent law. This week marks the publication of a book by the IPKat’s Dutch friend and former GuestKat Léon Dijkman on the hotly contested notion of the proportionality test in European patent law, accessible for free here. Oh, how times have changed. here , at 24].

Patent Law 72

Patent Law Law Patent Invention 72

The IPKat

JANUARY 24, 2023

This Kat is delighted to review “ A Practitioner’s Guide to European Patent Law: For National Practice and the Unified Patent Court ” (Hart Publishing, 2022, 664 pp.). The book consists of seventeen chapters, mainly on substantive law, but it also addresses certain procedural matters and questions of international private law.

Patent Law 66

Patent Law Law Patent Editing 66

IP Law 360

MARCH 19, 2024

million it won in arbitration against Irish biopharmaceutical company Alkermes in a licensing fight over a multiple sclerosis drug, arguing that the tribunal disregarded clear patent law. Acorda Pharmaceuticals pressed the Federal Circuit to award it nearly $66 million more than the $16.5

Patent Law 59

Patent Law Law Patent Licensing 59

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

IP Tech Blog

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

Licensing 67

Licensing Patent Application Patent Prosecution Invention 67

JD Supra Law

APRIL 14, 2022

patent law grants patent owners the right to grant licenses to their patents in analogy to landlords granting rents to real property as a license to use without obtaining ownership. 35 U.S.C. §§ 261-262.

Licensing 102

Licensing Ownership Patent Law Patent 102

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.

IP 119

IP Intellectual Property Licensing Journalism 119

Patent Trademark Blog

MARCH 6, 2025

Can foreign applicants file US utility patent applications? Inventors located outside the US can file US patent applications. Foreign inventors, however, must be careful to follow the patent laws of the country in which the invention was made. When is the deadline to file a US utility patent application?

Patent Application 52

Patent Application Patent Invention Inventor 52

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 5, 2021

On September 9, 2021, ESG Clean Energy, LLC (“ESG”), a corporation responsible for clean energy solutions for distributed power generation, announced that they signed an exclusive licensing deal with Viking Energy Group, Inc. (“Viking”) for use of ESG’s carbon dioxide-free power generation technology in all of Canada.

Patent 105

Patent Licensing Technology IP 105

LexBlog IP

MARCH 15, 2022

In the latest example of the escalation of tensions between Russia and the West, Russian Prime Minister Mikhail Mishustin last week issued a decree that owners of Russian patents from countries that Russia considers to be unfriendly are no longer entitled to any compensation for compulsory licensing of their patents.

Licensing 52

Licensing Patent Application Patent Prosecution Invention 52

IP and Legal Filings

NOVEMBER 7, 2022

The goal of competition law is to ensure fair functioning of the market. [1] 1] At a glance both the laws may seem to be conflicting but Intellectual property ensures fair amount of competition in the market which is also the goal of competition law. [2] STATUTORY TUSSLE OF JURISDICTION BETWEEN PATENTS ACT AND COMPETITON ACT.

Patent Law 52

Patent Law Law Patent Intellectual Property 52

JD Supra Law

AUGUST 26, 2022

Kilpatrick Townsend attorneys Farah Cook and Michelle Tyde recently presented “What You Don’t Know Can Hurt You: Best Practices and Hot Topics For Patent & Technology Licensing Transactions” at the firm’s Kilpatrick Townsend Intellectual Property Seminar (KTIPS).

Licensing 52

Licensing Technology Intellectual Property Patent 52

The IPKat

JULY 22, 2022

In 2006, work on simplifying procedures for the protection of industrial designs started in the WIPO Standing Committee on the Law of Trademarks, Industrial Designs and Geographical Indications (SCT) , which has evolved into the draft for the proposed DLT. International License. Copyright: WIPO. Photo: Emmanuel Berrod.

Designs 119

Designs Design Intellectual Property Licensing 119

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

Patently-O

FEBRUARY 28, 2025

patent laws. However, patent-related issues occasionally arise in contexts outside the Federal Circuits jurisdiction, notably in breach-of-license disputes involving patent misuse. Court of Appeals for the Federal Circuit. One such case is the recent Ninth Circuit decision, C.R. Bard, Inc.

Patent 40

Patent Licensing Patent Law Law 40

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.

Licensing 52

Licensing Patent Confidentiality Reporting 52

IP Law 360

APRIL 3, 2024

The Federal Circuit was thrown for a loop Wednesday in a case that asked whether the holder of an exclusive patent license could sue for infringement another company that could have acquired a license for the same patent by other means, with one judge calling the court's case law on the matter "very muddled."

Patent Law 45

Patent Law Law Patent Licensing 45

SpicyIP

SEPTEMBER 27, 2023

At a quick glance, one notable push by the guidelines is to allow “exclusive” licensing from public funded research, to private bodies. d also mentions ‘march-in’ rights and compulsory licensing but the language makes it unclear what is meant exactly: 5.d. Provision 5.d

Intellectual Property 111

Intellectual Property Licensing IP Reporting 111

SpicyIP

JANUARY 15, 2023

Further, copyright owners can use this power to threaten and scare users and extort license fees (especially prevalent in the software and music industry) which can impact the ease of doing business. here , here and here ).

Copyright Infringement 135

Copyright Infringement IP Copyright Intellectual Property 135

IPilogue

MARCH 1, 2023

57 of the Patent Act is the usual remedy that upholds the bargain theory of patent law. This was an incredible opportunity for the students to explore not only the technical aspects of patent law regarding the scope of claims, but also the equitable concerns related to the issuance of an appropriate remedy.

Intellectual Property 111

Intellectual Property Patent Troll Invention Patent Law 111

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. Apple Retail UK Ltd.

Licensing 105

Licensing Technology Litigation Patent 105

LexBlog IP

NOVEMBER 16, 2021

The post First Biosimilar Making “Paragraph IV” Certification under China’s New Patent Law: Bio-Thera Solutions Announced NMPA Acceptance of aBLA for Tocilizumab appeared first on Big Molecule Watch. This system is similar to the U.S.

Patent Law 52

Patent Law Law Patent Marketing 52

Kluwer Copyright Blog

MARCH 13, 2024

licenses for specific uses). Rightholders can, for example, choose whether to license an e-book or an e-journal to a library, or whether to provide licenses to educational establishment to play music and audio-visual works for educational purposes. 6(4) InfoSoc Directive and those shielded from contractual override under art.

Copyright 126

Copyright Art Licensing Contracts 126

The IPKat

JANUARY 22, 2023

Here are the nominees and winners: Best Patent Law Book The nominations were: Intellectual Property Protection for Plant Related Innovation: Fit for Future? Thank you to readers who voted for the IPKat book of the year awards 2022!

Intellectual Property 98

Intellectual Property Editing Intellectual Property Law Design 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

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

IPilogue

AUGUST 18, 2021

The IP Innovation Clinic, the first student-based clinic of its kind in Canada, is seeking law students from Osgoode Hall Law School to provide assistance to under-resourced inventors, entrepreneurs and start-up companies with their innovation and commercialization activities. Reviewing IP Agreements and licensing assistance.

IP 105

IP Patent Prosecution Intellectual Property Inventor 105

The IPKat

JUNE 29, 2022

Licensing or exceptions to copyright for text and data mining (TDM), which is often significant in AI use and development. Patent protection for AI-devised inventions. Under the planned new exception, rightholders will still have safeguards to protect their content, including a requirement of lawful access.

Government 136

Government Copyright IP Invention 136