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

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

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 76

Licensing Patent Patent Law Intellectual Property 76

Patently-O

AUGUST 11, 2024

by Dennis Crouch The newest patent-focused petition for writ of certiorari to the Supreme Court was recently filed by Zebra Technologies , challenging the Federal Circuit’s determination that the a patentee had standing to sue for infringement even though a third party separately held rights to assign, license, and enforce patent rights.

Patent 48

Patent Licensing Litigation Patent Infringement 48

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 54

Licensing Patent Ownership Patent Infringement 54

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

IP Watchdog

AUGUST 25, 2023

This week in Other Barks & Bites: The U.S.

Patent Infringement 52

Patent Infringement Technology Patent Licensing 52

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. §

Patent Infringement 40

Patent Infringement Social Media Patent Designs 40

Indiana Intellectual Property Law

NOVEMBER 10, 2023

of Goshen, Indiana , alleging patent infringement related to their asphalt paving technologies covered by U.S. Patents Nos. These patents are associated with ArrMaz’s BondTekk® bonded-paving technology, adopted by multiple states and contractors for creating safer and more durable roads.

Technology 52

Technology Licensing Patent Infringement Patent 52

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

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.

Licensing 52

Licensing Contracts Litigation Technology 52

LexBlog IP

FEBRUARY 7, 2023

This is the latest in the series titled “NPE Showcase,” where we discuss high-volume non-practicing entities (or as some call them, “patent trolls”). This installment will focus on a company named Sockeye Licensing TX, LLC. NPEs are also known to limit their license when suing software companies.

Licensing 40

Licensing Settlement Patent Troll Confidentiality 40

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 106

Litigation Patent Troll Patent Technology 106

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 74

Licensing Intellectual Property Patent Patent Infringement 74

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

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.

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Patent Licensing Intellectual Property Technology 100

Greenspoon Marder LLP

MAY 26, 2013

A company that successfully sued Microsoft for over $400 million dollars in 2004 for patent infringement, is now suing Apple for patent infringement, as well. The company owns more than 250 patents, and is backed by electronic companies Sony and Phillips, who each hold a 49.5 percent stake in the company.

Patent Infringement 52

Patent Infringement Technology Patent Ownership 52

Traverse Legal Blog

SEPTEMBER 28, 2023

Open-source software development isn’t a new kid on the block, but its importance has skyrocketed with the emergence of game-changing technologies like blockchain and AI. Open Source Lawyers Are Critical To Your Open Source Success Very few lawyers understand software licensing , and even fewer open-source licensing.

Licensing 52

Licensing Derivative Work Intellectual Property Moral Rights 52

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

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 68

Licensing Government Patent Patent Infringement 68

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.

Licensing 58

Licensing Government Patent Patent Infringement 58

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 118

Contracts Law Patent Licensing 118

IP Watchdog

MAY 2, 2024

Zebra Technologies Corp. reversing a Western District of Texas ruling that dismissed patent infringement claims for lack of constitutional standing. Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Tech LLC v.

Patent 63

Patent Patent Infringement Technology Licensing 63

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.

Patent 52

Patent Licensing Intellectual Property Technology 52

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.

Technology 98

Technology Licensing Patent Application Patent Infringement 98

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 ).

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Patent Licensing Invention Government 126

Fish & Richardson Trademark & Copyright Thoughts

DECEMBER 13, 2021

Fish & Richardson obtained an initial determination at the International Trade Commission (ITC) recommending a general exclusion order for client Skull Shaver, LLC, the market leader in uniquely designed and patented handheld electric shavers and personal grooming products. 8,726,528 (“the ’528 Patent”) and U.S. Design Patent No.

Patent Infringement 52

Patent Infringement Patent Marketing Marketing 52

Patently-O

AUGUST 3, 2023

by Dennis Crouch Moderna filed a patent infringement lawsuit against Pfizer and BioNTech in August 2022, alleging that the defendants COVID-19 vaccine infringes three patents related to Moderna’s mRNA vaccine technology. United States Patent Nos. 10,898,574, 10,702,600, and 10,933,127.

Patent 97

Patent Patent Infringement Copying Technology 97

LexBlog IP

SEPTEMBER 28, 2023

Open-source software development isn’t a new kid on the block, but its importance has skyrocketed with the emergence of game-changing technologies like blockchain and AI. Open Source Lawyers Are Critical To Your Open Source Success Very few lawyers understand software licensing , and even fewer open-source licensing.

Licensing 40

Licensing Derivative Work Intellectual Property Moral Rights 40

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 120

IP Intellectual Property Licensing Journalism 120

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

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

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

IP Watchdog

SEPTEMBER 21, 2023

A recent decision out of the Eastern District of Texas granted the plaintiff patent owner summary judgment with respect to the defendants’ counterclaim that the plaintiff breached licensing related obligations owed to the Institute of Electrical and Electronics Engineers (IEEE) by not communicating with the defendants prior to suing for infringement. (..)

Licensing 52

Licensing Patent Patent Infringement Litigation 52

The IPKat

AUGUST 8, 2022

A patent that protects technology which is essential to implementing a standard is known as a standard essential patent (SEP). As of 2020, around 95,000 patents have been declared essential for the 5G standard. Patent infringement and remedies 5. Licensing of SEPs 6. The number of declared?SEPs?doubled

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Government Publishing Patent Reporting 92

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

IPilogue

DECEMBER 20, 2022

In Rovi Guides Inc v Videotron Ltd , the Federal Court of Canada invalided patents for interactive program guide (“IPG”) technology and clarified a reasonable royalty as the appropriate remedy had the patents been found valid and infringed. Videotron did not renew its license which expired in 2016.

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Litigation Inventor Licensing Invention 119