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”). against Aetna, Inc.

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Patent Infringement Patent Marketing Marketing 59

IPilogue

OCTOBER 14, 2022

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. Most interestingly, Sonos has accused Google of something called efficient infringement. The present suit.

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Patent Infringement Patent Technology Patent Law 105

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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Licensing Contracts Patent Infringement Patent 52

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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Licensing Patent Infringement Patent 66

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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Licensing Patent Infringement Patent 66

43(B)log

OCTOBER 9, 2023

28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for its patent application. The underlying patent litigation allegedly fraudulently induced Cap Export to enter into a $1.1 Zinus, Inc., 2023 WL 6381821, No. and to Amazon.

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False Advertising Patent Infringement Patent Advertising 104

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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Licensing Patent Patent Infringement 52

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. Patent no. ’127

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Patent Infringement Patent Patent Application Intellectual Property 109

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. On the other hand, a party may utilize intellectual property as part of an offensive business strategy.

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Intellectual Property Patent Infringement Patent Design Patent 112

Patently-O

JULY 21, 2022

Symbiont’s US Patent No. 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. by Dennis Crouch.

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Licensing Patent Patent Law Intellectual Property 78

Indiana Intellectual Property Law

MARCH 21, 2023

DSI) filed suit against Plaintiff, Perq Software, LLC for Patent Infringement. According to the Complaint, DSI’s software includes numerous technological improvements that were captured in a family of patent applications. In 2022 the United States Patent and Trademark Office issued Patent No.

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Patent Infringement Litigation Patent Patent Application 52

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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Licensing Business Marketing Marketing 122

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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Licensing Patent Infringement Patent Reporting 98

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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Patent Infringement Patent Cease and Desist IP 52

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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Licensing Patent Patent Infringement Technology 98

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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Patent Infringement Licensing Patent Copyright 69

Garrigues Blog

JUNE 24, 2024

Conflicts between holders of standard essential patents (SEP) and the companies that use those standards are on the increase, at considerable economic cost. Disputes between proprietors of patents that incorporate standardized SEP technology (such as 4G, 5G, Wi-Fi, HEVC or AVC) and the companies that use that technology are increasing.

Licensing 52

Licensing Patent Confidentiality Reporting 52

Patent Trademark Blog

DECEMBER 11, 2023

How is a patent attorney different than Amazon seller attorneys? Patent violations are becoming increasingly prevalent among Amazon sellers. Whether you are a patent owner or an Amazon seller, you need the right kind of legal expertise when it comes to patent infringement. Is a patent attorney specially licensed?

Patent 52

Patent Patent Infringement Licensing Litigation 52

Patently-O

MAY 1, 2024

May 1, 2024) offers some interesting insight into leveraged patent transactions, and the effect of a lender’s ability to license or assign a patent on the patent owner’s standing to sue for infringement, especially after default. Although not directly relevant for this case, The patent at issue, U.S.

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Licensing Patent Ownership Patent Infringement 56

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.

Licensing 52

Licensing Patent Patent Infringement Law 52

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.

Patent 52

Patent Patent Infringement Blogging Licensing 52

Fish & Richardson Trademark & Copyright Thoughts

APRIL 30, 2021

Fish & Richardson obtained a settlement and license agreement for Skull Shaver, LLC, the market leader in uniquely designed and patented handheld electric shavers and personal grooming products, in a patent infringement lawsuit against Magicfly LLC. 8,726,528 (“the ’528 Patent”).

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Settlement Licensing Patent Infringement Patent 40

IP Watchdog

APRIL 21, 2023

In late March, news broke that the European Commission was drafting sweeping regulations on the licensing of standard essential patents (SEPs). In its current form, the new regulatory framework would encourage increased transparency in SEP licensing through several new policies and procedures.

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Licensing Intellectual Property Patent Patent Infringement 75

IP Law 360

SEPTEMBER 3, 2024

Licensing company VLSI has urged the Federal Circuit to overturn a ruling granting Intel Corp. a win in VLSI's $900 million patent fight, arguing the trial judge wrongly concluded on summary judgment that VLSI hasn't shown Intel's alleged chip patent infringement occurred in the U.S., among other alleged errors.

Patent 52

Patent Patent Infringement Licensing 52

IP Law 360

JUNE 12, 2024

Microsoft has been hit with a patent infringement lawsuit in the Eastern District of Texas over its artificial intelligence supercomputer by a business led by a German lawyer who once ran the patent licensing outfit IPCom.

Patent 59

Patent Patent Infringement Licensing Business 59

Indiana Intellectual Property Law

MARCH 14, 2023

Batesville”), for patent infringement. Batesville is accused of patent infringement against Patent No.’s Plaintiff is requesting a judgment that the Defendants willfully infringed upon Plaintiff’s patents, injunctive relief, damages together with interest and costs under Lanham Act 35 U.S.C. §

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Patent Infringement Social Media Patent Design 40

The IPKat

FEBRUARY 23, 2023

In that regard, punitive damages for IPRs infringements have found their places in, but not limited to, China’s Civil Code (CCC), Copyright Law, Trade Mark Law and Patent Law (see former IPKat posts here and here ). In April 2021, Jin sued Baijia store for patent infringement. One month later, a settlement was reached.

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Settlement Patent Infringement Patent Intellectual Property 67

LexBlog IP

JUNE 29, 2023

alleging that the defendants’ adeno-associated virus (“AAV”) technology gene therapy product has infringed or will infringe U.S. 11,680,274 (“the ‘274 Patent”). ” The Biologics License Application (BLA) for SRP-9001 was accepted for priority review by the FDA in November 2022.

Patent Infringement 52

Patent Infringement Patent Licensing Invention 52

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.

Licensing 52

Licensing Patent Infringement Patent Reporting 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.”

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Licensing Contracts Patent Law Patent 52

LexBlog IP

DECEMBER 20, 2023

Court of Appeals for the Federal Circuit [1] reversed a lower court’s denial of Intel Corporation’s (“Intel’s”) motion for leave to amend its answer to assert a new license defense in a patent infringement suit brought by VLSI Technology LLC (“VLSI”). and Finjan Software, Inc.

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Licensing Contracts Litigation Technology 52

IP Watchdog

DECEMBER 20, 2022

While 2022 was somewhat less eventful than 2021 in terms of significant developments in fair/reasonable and non-discriminatory (FRAND/RAND) licensing occurring in the United States, the past year still did not disappoint and underscores the continued and growing interest from government in the standards related patents space.

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Licensing Government Patent Patent Infringement 69

IP Watchdog

SEPTEMBER 1, 2021

Would you believe the following scenario could happen under our patent system? Commanding 50% market share in unit sales of the patented product, the patent holder prevails in patent infringement suits obtaining court injunctions against all major rivals and maintaining a strict no-licensing policy.

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Inventor Patent Patent Infringement Licensing 123

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

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). Judge Pauline Newman dissented.

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Patent Patent Infringement Licensing Litigation 116

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. Telefonaktiebolaget LM et al.,

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Contracts Law Patent Licensing 119

IP Watchdog

DECEMBER 21, 2023

With respect to patents subject to a commitment to license on a Fair Reasonable and Non-Discriminatory (FRAND) or Reasonable and Non-Discriminatory (RAND) basis, 2023 saw many interesting developments.

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Licensing Government Patent Patent Infringement 59