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On appeal, the CAFC held that CNC’s version of the agreement more accurately reflected the understanding between the two parties regarding a settlement over Plasmacam’s claim that CNC infringed U.S. 7,071,441 (‘441 patent), for which Plasmacam has an exclusive license.
by Dennis Crouch A short non-precedential opinion from the Federal Circuit provides guidance on two key issues: (1) downstream non-party reliance upon settlement agreements; and (2) personal jurisdiction over foreign corporations. Caddo asserted infringement of six patents relating to user interface navigation methods against Siemens.
district court data on how patent damages expert testimony has been challenged based on comparability, and how courts have ruled with regard to license and settlement agreements, litigation verdicts, market studies and more. Rich Franciosa and Michael Herrigel at Charles River Associates analyze nearly seven years of U.S.
Patent 8,129,385 (“patent 385”). This article delves into the legal doctrines that support the parties’ claims and the overarching strategy to their settlement. ViiV alleges Gilead infringed upon patent 385 under the doctrine of equivalents, which has two exclusions: dedication-disclosure and specific exclusion.
In advance of a new trial to determine damages for patent infringement, a district court denied plaintiff’s motion to preclude defendants from introducing the terms of plaintiff’s settlement offers.
The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patentlicense agreements. The saga began with Qualcomm accusing Apple of infringing several patents in district court. patents 7,844,037 and 8,683,362.
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.
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.
Google LLC , a case focusing on how courts evaluate expert testimony on patent damages. It seems clear to me that these provisions were added as elements of the patentee's smaller license agreements in order to later be used in larger cases, such as the one against Google. Patent 8,738,327. Judge Alan Albright (W.D.Tex.)
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”).
Some background and how this Played out for Uniloc : HP sold several patents to Uniloc back in 2017 who then sued Apple, Motorola, and Blackboard for patent infringement. Uniloc has a litigation financing relationship with Fortress with the patents serving as collateral for the deal. After some venue-action, Uniloc v.
On August 7, 2023, Formycon AG and Fresenius Kabi announced that they have reached a settlement with Johnson & Johnson (“J&J”) in the United States relating to FYB202, a proposed ustekinumab biosimilar to STELARA®, marketed by J&J. Economic terms of the settlement were not disclosed in the press release.
The analysis is complemented by a case study of the MPEG-2 patent pool, as well as by suggestions for further avenues in economic research of IP. Cristof Augenstein follows with Chapter 3, where he discusses patent enforcement in Europe. The book closes with Chapter 9, written by Rochelle Cooper Dreyfuss.
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.
The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patentlicense agreements. In its second decision between the parties on this topic, the court has dismissed the appeal for lack of Article III standing in Apple Inc.
Apple appears to be the latest manufacturer to come to a settlement deal with a patentlicensing outfit dealing in resold LG wireless technology patents, with a recent "global settlement agreement" putting an end to appeals court litigation over the validity of patents covering purported developments in wireless charging technology.
After years of patent litigation, they entered into a settlement and license agreement. The agreement included mutual covenants not to challenge each other’s patents during a “Covenant Period.” But an exception allowed either company to challenge a patent asserted. By: Alston & Bird
A preliminary injunction has been issued against the state’s strict reverse payment law, but antitrust considerations are here to stay in IP litigation settlements.
Zolgensma and the Inadequacies of the Compulsory Licensing Regime. Akhil discusses the compulsory licensing provisions in the TRIPS Agreement, as well as the objectives and principles relating to safeguarding public interest in Articles 7 and 8 and how they find reflection in India’s Patent Act. Poster for Zolgensma.
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. Settlement agreements are typically confidential so the exact arrangement is unclear.
A light week last week headed into the holidays saw 20 Patent Trial and Appeal Board filings (two more against MemoryWeb, and a lot of one-offs, including one by gaming company Zynga against IGT).
It has been reported that Celltrion has finalized a settlement with Johnson & Johnson (“J&J”) in the United States relating to CT-P43, Celltrion’s ustekinumab biosimilar to J&J’s STELARA®, which would permit Celltrion to launch the product in the U.S. market on March 7, 2025, if approved by FDA.
The Supreme Court has not yet granted writ of certiorari in any patent cases this term. And, absent an unusual shadow-docket patent case, it is now too late for any case to be granted and heard this term. Still, there are a number of important patent cases pending before the court. Neapco Holdings LLC, et al. , Patreon, Inc.,
has reached a settlement with Teva in a patent infringement battle in New Jersey federal court over its U.S. flagship commercial drug that treats a rare autoimmune disease that will provide Teva with a license to market a generic version of the drug in 2035, the company announced Thursday.
s appeal of four decisions of the Patent Trial and Appeal Board (PTAB) in favor of Qualcomm. The court in Apple I explained: “Ultimately, Apple’s assertions amount to little more than an expression of its displeasure with a license provision into which it voluntarily entered. The opinion for the court was authored by Judge Prost.
Over to Konstantin for the story and his take on the developments: "Some may associate businesses whose primary aim is to assert patents in litigation to obtain license revenue with the Eastern District of Texas or the Unwired Planet decision in the UK, and not think about cases further afield from Marshall, Texas or London.
Patentlicensing company Arigna has agreed to drop its patent suit in the Western District of Texas against Apple, almost a year and a half after the Irish business reached a settlement with Samsung in the same court.
Jude Medical wanted to put its dispute with Niazi Licensing Corp. Jude Medical's too-quick response to a mediator's email left it stuck with a settlement it didn't want. In a patent case, there are always loose ends that remain before a settlement can be finalized. NLC) to bed. By: Axinn, Veltrop & Harkrider LLP
In a patent infringement case filed in February 2016 in the Eastern District of Texas by Neurovision Medical Products, Inc. The parties continued their settlement discussions and in February 2017, Neurovision’s owner and a Medtronic director exchanged offers and counteroffers by email. By: Sharon Urias, Esq. against Medtronic, Inc.,
Stec, from testifying as to reasonable royalty damages, where Dr. Stec had relied on a license agreement between third parties, jury verdicts, and settlement agreements. Rather, IOENGINE contended that “built-in apportionment” attributable to the licenses which Dr. Stec relied on satisfied the apportionment requirement.
Kewalramani), the Central District of California denied Defendant Netflix’s attempts to compel Plaintiff GoTV Streaming to provide documents and further information as to the source of the litigation funding that GoTV received in conjunction with the patent litigation. D]efendant could not receive the information any other way.”
settled three Inter Partes Review (IPR) proceedings concerning patents covering Alexion’s blockbuster humanized monoclonal antibody drug Soliris®, with Amgen obtaining a royalty-free license for marketing a biosimilar prior to expiration of the patents at issue. The patents at issue are U.S. Patent Nos.
A slightly above-average week in filings saw 38 Patent Trial and Appeal Board (PTAB) petitions (one post grant review and 37 inter partes reviews) and 71 district court complaints, with another massive wave of district court terminations—likely due at least in part to parties voluntarily dismissing cases and refiling them based on recent venue rulings, (..)
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?
This week in Other Barks & Bites: USPTO Director Vidal grants sua sponte review of IPR institution decisions to clarify the General Plastics factors; the Ninth Circuit rules that secondary meaning only needs to identify a single source, not a particular source, to support trade dress infringement claims; the Fifth Circuit affirms the dismissal (..)
A preliminary injunction has been issued against the state’s strict reverse payment law, but antitrust considerations are here to stay in IP litigation settlements.
For instance, virtual concerts in the metaverse, where avatars perform popular songs, may violate music copyright laws unless proper licensing agreements are in place. By embedding ownership and licensing details into immutable digital ledgers, blockchain can provide an auditable trail for digital assets.
based in Alviso, California, announced last week that it has reached a deal in its patent lawsuit against Cisco, Motorola and Time Warner Cable just in time to avoid a court trial. TiVo will also enter into patentlicensing deals with Google, Cisco and Arris Group Inc. Of Interest: Is TiVo Livin’ On a Patented Prayer?
Template from Nokia’s timeless “hands” commercial (see here ) In a major development, all the patent disputes (including the 5G SEP dispute) between Oppo and Nokia stand settled as both parties enter into a cross-licensing agreement. crores as pro-tem security).
Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] Patent assertion finance today is a multibillion-dollar business. [2] 2] Virtually nonexistent in the patent space in the U.S. Patent assertion finance today is a multibillion-dollar business. [2]
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