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The post 3 Count: Pokemon with Litigation appeared first on Plagiarism Today. Nintendo sues Palworld developer, judge trims Office Depot's legal fees and Amazon joints the Motion Picture Association.
This Article analyzes over 89,000 patentslitigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation.
The conversation takes us deep into the world of audio, video, standard essential patents, patent pools, patent licensing, patent dealmaking, inevitable patentlitigation that is often necessary when so much money is at stake, and much more.
This article continues our analysis of over 89,000 patents to determine how the number of office actions to allowance during prosecution impacts litigation outcomes. Last month we discussed how prosecution length impacts invalidity rates during litigation. Now we discuss how it impacts findings of infringement.
Government Accountability Office (GAO) published a report reflecting the agencys investigation into third-party funding of patentlitigation in the United States. On December 5, the U.S.
Nokia announced today that it has signed a deal with Amazon to end all patentlitigation between the two companies, the terms of which are confidential.
On March 21, the Court of Appeals for the Federal Circuit held in a precedential opinion that legal fees incurred by generic drug companies in defending against patent infringement suits brought under the Hatch-Waxman Act constitute ordinary and necessary business expenses that may be deducted in the year in which they are incurred, and do not need (..)
Our Texas PatentLitigation Monthly Wrap-Up for July 2024 covers three decisions of interest from the Eastern District of Texas granting motions related to subject matter eligibility, stays pending inter partes review (IPR), and pleading standards for pre-suit willfulness. By: Fish & Richardson
As patentlitigators are well-aware, the Western District of Texas and the District of Delaware, the two most popular venues for patentlitigation, each issued orders regulating litigation in their districts in 2022. So as of early 2023, what effect have those orders had on patent filings? of total cases ).
This week in Other Barks and Bites: the Government Accountability Office published its report on third-party funding for patentlitigation showing mixed responses to proposed disclosure requirements; the Second Circuit affirms a lower ruling that copyright ownership claims to George Clinton sound recordings are time-barred; the U.S.
In patentlitigation, expert witnesses play a crucial role in providing specialized knowledge to the court. for patent infringement, the Federal Circuit highlighted the importance of understanding expert witnesses' qualifications. In a recent case where Osseo Imaging LLC sued Planmeca USA Inc. By: Fenwick & West LLP
A litigation regarding patent ownership rights is heating up in the Delaware Court of Chancery, a court of equity that is an atypical forum for pharmaceutical company and intellectual property disputes. CyDex Pharmaceuticals, Inc. CyDex) filed a breach of contract action against Bexson Biomedical, Inc. By: DLA Piper
In June 2023, as is widely known, more than 50 years of efforts to create a pan-European patent jurisdiction were finally successful and the Unified Patent Court opened its doors.
She shared several pertinent points on issues concerning expert evidence in IP litigations and what she thinks is the best way forward for the Indian Courts vis a vis engaging experts in IP matters. Malobika Sen (MS) : Could you elaborate on the role of expert evidence in IP litigation? I even asked both sides to propose names.
Patent and Trademark Offices (USPTOs) Patent Trial and Appeal Board (PTAB) has jurisdiction over expired patents brought before it in inter partes review (IPR) proceedings. While the CAFC has previously ruled in appeals from the PTAB involving expired patents, it has not squarely addressed the subject until now.
What are the right patents for Amazon sellers? Traditional patents that might work in the courts may not be the best type of IP protection for online sales on the e-commerce platform. Since Amazon uses their own legal system for adjudicating patent disputes , sellers need to know how to play the IP game Amazon’s way.
The story is every inventor's nightmare: A small innovative company develops a breakthrough technology. A much larger company takes notice. Shortly thereafter, it launches a suspiciously similar product. I understand this story well,because I lived it as General Counsel of SilcoTek, a small technology company.
There are two distinct procedures available to parties for resolving patent infringement matters in China: an administrative procedure before the IP office and a civil procedure before the courts.
This case pertains to patent infringement concerning two process patents related to the fungicide Azoxystrobin. filed a suit against the defendant, GSP Crop Science Private Limited, alleging infringement of the following patents the Indian Patent No. Two more interesting issues arose in this case.
Patent and Trademark Office Assisting with discovery and motions in litigation matters Immersing themselves in the daily operations and projects of a boutique law firm The EMP&A internship program has a history of mentoring numerous students from various law schools across the country for over a decade.
The majority of 2024 was a quiet year for design patent cases at the Court of Appeals for the Federal Circuit. design patents: one Rule 36(a) affirmance, two decisions involving litigation misconduct, one affirmance of an Examiners (and Boards) rejection, and one en banc decision that overturned more than 40 years of obviousness case law.
Patent owners generally look to secondary indicia to bolster their nonobvious defenses when prior art and/or knowledge of a person of ordinary skill in the art (“POSA”) seem to make the obviousness decision a close call. This trend is just as common in Hatch Waxman litigation. By: Womble Bond Dickinson
The Federal Circuit reversed noninfringement findings made under the reverse doctrine of equivalents (RDOE), declining to declare the doctrine subsumed by the 1952 Patent Act, but finding that Steuben Foods raised compelling arguments on that point. Shibuya Hoppman Corp., The opinion was authored by Chief Judge Moore.
Patent lawsuits launched by nonpracticing entities shot up in 2024, with the Eastern District of Texas being the primary hotbed for such cases, according to a new report.
103, claim breadth and the importance of detailed evidence in patentlitigation. The decision, which largely favored Apple, provides key guidance for patent owners and practitioners navigating the dos and donts of patent application preparation, prosecution and litigation including. By: Dinsmore & Shohl LLP
Insulin Glargine Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. By: Venable LLP
Rituximab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once.
A Sheppard Mullin trial team led by partners Brad Graveline and Laura Burson obtained one of the largest patent infringement damages awards against the United States of America for client SecurityPoint Holdings, Inc (SecurityPoint). SecurityPoint brought its claim for patent infringement against the United States under 28 U.S.C.
Etanercept Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple litigations/IPRs are counted more than once. Within each litigation a claim is counted only once.
How to Ask the Right Questions About Utility Patent Infringement Utility patent infringement is complex, to say the least. It’s not just about whether the products infringe the utility patent. Need to enforce or defend a utility patent infringement claim? What is utility patent infringement?
In less than a month, the United States Patent and Trademark Office (USPTO) has dramatically reformed its policies and procedures for exercising its discretion to deny institution of AIA post-grant proceedings. By: Hudnell Law Group
affirming the Northern District of Californias dismissal of patent infringement claims broadly seeking damages for the smartphone industrys use of semiconductor technologies. Yesterday, the U.S. Court of Appeals for the Federal Circuit issued a per curiam ruling in Huang v. Amazon.com, Inc.
By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.
IPWatchdog has learned that Farheena Rasheed has been asked by the United States Patent and Trademark Office (USPTO) to serve as one of the Acting Vice Chief Administrative Patent Judges (APJs) at the Patent Trial and Appeal Board (PTAB). Rasheed will immediately move to the PTAB.
In 2013, the United States Supreme Court significantly changed the landscape of patent settlements in the pharmaceutical industry with its FTC v. Actavis, Inc.
Universal Connectivity Tech. 1-23-cv-01506 (W.D. 34, Report and Recommendation of Magistrate Judge Susan Hightower to Judge Pitman - A magistrate judge recommended denying defendant Dell Technologies, Inc.’s s motion to dismiss in the Western District of Texas when Dell argued that pre-suit knowledge is a prerequisite for indirect infringement.
We began our conversation with the story about how John Holcomb the patentlitigator went from private practice to becoming Judge John Holcomb of the U.S. Federal District Court for the Central District of California.
On March 24, 2025, the United States Patent and Tradmark Office (USPTO) issued a new Memorandum providing guidance on discretionary denials (or Fintiv denials) for inter partes review (IPR) challenges based on co-pending patentlitigation.
Kroy IP) has significant strategic implications for patentlitigation and inter partes review (IPR) proceedings. This article focuses on how the decision affects patentlitigation and IPR strategies for both patent owners and IPR petitioners. Groupon Inc.
As the era of biologics and biosimilar litigations heats up in the United States, Europe’s Unified Patent Court (UPC) is also taking center stage with the first two biosimilar disputes filed in March and April. By: Venable LLP
This would represent the second legal victory in the UK in recent weeks for Lenovo, Motorolas owner, following the UK Court of Appeals ruling that Ericsson breached fair, reasonable and non-discriminatory (FRAND) obligations related to 4G and 5G standard-essential patents (SEPs) asserted in separate litigation.
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