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 98

Licensing Patent Infringement Patent Reporting 98

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.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

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

Patent Infringement 75

Patent Infringement Patent Licensing Litigation 75

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.

Licensing 98

Licensing Patent Patent Infringement Technology 98

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.

Inventor 123

Inventor Patent Patent Infringement Licensing 123

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.,

Contracts 119

Contracts Law Patent Licensing 119

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.

Licensing 78

Licensing Patent Patent Law Intellectual Property 78

SpicyIP

SEPTEMBER 5, 2022

Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). The sheer size of sales and revenue coupled with patent monopolies and the immense potential of the mRNA technology, makes both these entities King-like – rich, supreme and sometimes hypocritical.

Litigation 137

Litigation Patent Technology Ownership 137

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.

Patent 116

Patent Patent Infringement Licensing Litigation 116

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).

Patent 131

Patent Licensing Litigation Marketing 131

SpicyIP

JULY 23, 2021

While there is a high prevalence of generic alternatives, the agrochemicals industry in India is observing an increase in the number of patent applications filed. Even outside of patents, the players in the pesticide industry have consistently been pushing for TRIPS+ protections such as extended data exclusivity (see here , here , and here ).

Patent 127

Patent Licensing Invention Government 127

Patent Trademark Blog

MAY 15, 2024

What is a patent declaratory judgment lawsuit? A patent declaratory judgment action is an infringement lawsuit in reverse. The plaintiff is the accused infringer seeking a declaration of noninfringement from the court. The patent owner is the defendant. Need to defend a patent infringement claim?

Patent Infringement 59

Patent Infringement Cease and Desist Patent Due Diligence 59

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

Licensing 68

Licensing Patent Infringement Patent 68

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?

Patent Infringement 52

Patent Infringement Cease and Desist Patent Litigation 52

Kashishipr

DECEMBER 28, 2021

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. Without any doubt, stepping into patent litigation can be uncertain, full of risks, and expensive.

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IP Patent Invention Licensing 105

Kashishipr

FEBRUARY 9, 2022

To be specific, market research performed before filing a Patent Application or after obtaining Patent Protection may help an inventor or innovator significantly in examining the business environment for his invention or innovation. Market research may also help down the road in preventing Patent Infringement actions.

Marketing 119

Marketing Marketing Inventor Invention 119

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

Licensing 68

Licensing Patent Infringement Patent 68

Intellectual Property Law Blog

APRIL 5, 2021

Companies have historically turned to patent pools as vehicles for achieving shared objectives. A patent pool can be formed when a group of patent holders agree to pool their patents for some purpose. In this scenario, the pooling companies may own complementary patents that enable a technical standard.

Patent 100

Patent Licensing Intellectual Property Technology 100

Patently-O

MAY 15, 2024

as a major turning point in American patent and antitrust law. The Court’s 4-3 decision favored the patentee and allowed the patent owner to place restrictions on the use of its patented product even after sale. Just a few years later, the Supreme Court reversed course in Motion Picture Patents Co.

Patent Law 111

Patent Law Patent Law Invention 111

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.

Patent Infringement 59

Patent Infringement Patent Marketing Marketing 59

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 (..)

Patent Infringement 69

Patent Infringement Licensing Patent Copyright 69

IPilogue

AUGUST 24, 2022

NPEs are a special type of entity that specifically purchases patents or patent rights but does not commodify the patent. The second kind, private parties, often use the patents they acquire for profit through damage or settlement awards, or royalties and licensing rights.

Litigation 105

Litigation Patent Troll Patent Technology 105

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.

Licensing 75

Licensing Intellectual Property Patent Patent Infringement 75

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.

Licensing 52

Licensing Patent Patent Infringement 52

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.

Settlement 72

Settlement Patent Infringement Patent Intellectual Property 72

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.

Patent Infringement 52

Patent Infringement Litigation Patent Patent Application 52

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.

Patent Infringement 52

Patent Infringement Patent Cease and Desist IP 52

Patently-O

OCTOBER 5, 2021

The USPTO is seeking comments on “the state of patent eligibility jurisprudence” and how eligibility law impacts both innovation and investment-in-innovation. and (2) Is patent eligibility a question of law for the court or a question of fact for the jury? The deadline for submissions is October 15, 2021. Berkheimer, No.

Patent 102

Patent Intellectual Property Invention Inventor 102

Patently-O

DECEMBER 2, 2021

Arbutus owns several patents related to a lipid-based delivery system for nucleic-acid-based treatments. Patent 8,058,069 and 9,364,435 are the two at issue here. Moderna recognizes “a substantial risk” that Arbutus will assert the patents in an infringement lawsuit “targeting Moderna’s COVID-19 vaccine.”

Patent 97

Patent Licensing Invention Art 97

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

Licensing 127

Licensing Patent Patent Infringement Litigation 127

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

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.

Licensing 69

Licensing Government Patent Patent Infringement 69

IPilogue

NOVEMBER 1, 2022

While the pandemic made it unattractive for patent holders to enforce their rights , it was important to consider possible avenues to ensure that IP does not hinder emergency response. examined two existing ways to tackle the problem: compulsory licensing and voluntary licensing. Ballardini et al.

IP 119

IP Intellectual Property Licensing Journalism 119

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.

Patent Infringement 52

Patent Infringement Patent Licensing Technology 52

The IP Law Blog

FEBRUARY 2, 2023

Design patents and utility patents are two different things. Design patents protect ornamental designs, such as the shape of a perfume bottle or the design on flatware. Utility patents protect four categories of functional inventions: machines, articles of manufacture, compositions of matter, and processes (methods).

Design Patent 98

Design Patent Designs Design Patent 98

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.

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Law Patent Invention Intellectual Property 109

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.

Licensing 56

Licensing Patent Ownership Patent Infringement 56