Patent Trademark Blog

OCTOBER 24, 2024

How to Ask the Right Questions About Utility Patent Infringement Utility patent infringement is complex, to say the least. You need to ask practical questions that go beyond infringement. Need to enforce or defend a utility patent infringement claim? What is utility patent infringement?

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Patent Infringement Patent Cease and Desist Due Diligence 52

IP Watchdog

NOVEMBER 15, 2021

The complaint alleged that Scientific Games, through its acquired entity, SHFL Entertainment, brought patent infringement litigation in 2009 and 2012 based on fraudulently obtained patents for automatic card shufflers used in licensed casinos. The plaintiffs had sued Scientific Games Corp.

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Patent Infringement Patent Litigation Licensing 119

IP Watchdog

MAY 9, 2022

Most companies are aware of the potential patent infringement liability for sales made in the United States but may not know that liability for infringing a U.S. patent can also extend to the processes used to make their product—even when manufacturing is done entirely outside the United States by a contract manufacturer.

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Patent Infringement Patent Contracts Technology 122

JD Supra Law

JANUARY 22, 2025

On May 6, 2021, plaintiffs sued defendants for patent infringement in the United States District Court for the District of Delaware.

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Litigation Patent Infringement Patent 68

IPilogue

OCTOBER 14, 2022

Sonos claims that Google’s infringement of over 100 of Sonos’ patents is deliberate and a business model. Efficient infringement refers to Google’s bet that the cost of contesting and paying off patent infringement lawsuits will be significantly less than the profits earned from sale of the technology.

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Patent Infringement Patent Technology Patent Law 105

IP Watchdog

SEPTEMBER 5, 2024

Zebra Technologies Corporation is the most recent decision in a series of cases clarifying the requirements for when standing is proper for a patent infringement action. The Federal Circuit’s precedential opinion in Intellectual Tech, LLC. Zebra Techs. 4th 807 (Fed. 2024) (Zebra).

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Patent Infringement Patent Technology Litigation 115

IP Watchdog

MARCH 15, 2022

In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. The plaintiffs have alleged that Moderna infringed U.S. and ModernaTX, Inc.

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Patent Infringement Patent Technology Litigation 133

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. A statutory defense to patent enforcement could be another solution, as seen in the American approach in 28 U.S. Code § 1498 (a).

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Patent Infringement Law Patent Ownership 115

JD Supra Law

SEPTEMBER 12, 2024

In patent litigation, 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

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Litigation Patent Patent Infringement 109

JD Supra Law

APRIL 10, 2023

In March, Samsung agreed to pay UK Nanotechnology Company Nanoco USD 150 million in a patent infringement dispute over patents used in QLED televisions that featured legal team from Wei Chixue Law Firm of Linda Liu Group - a Top 10 IP Law Firm in China. By: Linda Liu & Partners

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Patent Infringement Settlement Television Litigation 97

IP Watchdog

APRIL 18, 2023

government statement of interest filed in a patent infringement suit against Moderna, Inc.’s That statement argued that Moderna should be released from infringement liability under the terms of a government contract that “authorize[d] and consent[ed] to all use and manufacture” of any U.S. patented invention.

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Patent Infringement IP Government Patent 128

IP Watchdog

NOVEMBER 22, 2024

recently filed a complaint in the Western District of Texas against NVIDIA Corporation (“NVIDIA”), Microsoft Corporation (“Microsoft”) and RPX Corporation (“RPX”) (collectively, “Defendants”) for alleged patent infringement and violation of federal antitrust laws. Xockets, Inc.

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Patent Infringement Patent Law Litigation 111

IPilogue

AUGUST 24, 2022

Litigation is almost always recommended to be avoided , whether because of the sheer amount of time needed to get a court date, the expensive costs for the client and law firm, or the risks associated with receiving an unfavorable judgement. They do not practice, develop, manufacture, or otherwise commercialize the patent.

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Litigation Patent Troll Patent Technology 105

JD Supra Law

JANUARY 29, 2025

What happens when the clock runs out on critical evidence in a high-stakes patent infringement case? Discover how Beacon's late acquisition of essential source code from BMW's third-party supplier, Harman, put their litigation strategy on thin ice.

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Patent Infringement Litigation Patent 75

IP Watchdog

DECEMBER 9, 2024

Government Accountability Office (GAO) published a report reflecting the agencys investigation into third-party funding of patent litigation in the United States. On December 5, the U.S.

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Reporting Litigation Patent Government 98

SpicyIP

SEPTEMBER 5, 2022

Moderna recently sued Pfizer alleging patent infringement of three out of eight patents that cover its Covid 19 vaccine (Spikevax). Moderna’s patent infringement lawsuit is a revenue seeking activity since Moderna wants fair compensation but does not want to remove Comirnaty from the market. Image from here.

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Litigation Patent Technology Ownership 137

JD Supra Law

FEBRUARY 20, 2025

International Trade Commission (ITC) remain an efficient and powerful method for American businesses seeking relief from foreign acts of unfair competition, including infringement of intellectual property rights. In 2024, the number of complaints filed at the ITC rebounded after the low in 2023.

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Intellectual Property Patent Infringement Litigation Business 73

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 and to Amazon. and to Amazon.

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False Advertising Patent Infringement Patent Advertising 104

Patently-O

FEBRUARY 22, 2023

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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Litigation Reporting Settlement Government 126

JD Supra Law

FEBRUARY 28, 2024

According to Statista*, in 2020 computer technology patents made up the majority of patent applications in the U.S., totalling approximately 60,000 patents. In 2022, Unified Patents** found that software, hardware, and networking-related litigations constituted approximately 70% of all district court litigations.

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Technology Litigation Patent Infringement Patent Application 73

JD Supra Law

JULY 11, 2024

Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation strategies are crucial for defending against infringement claims and minimizing disruption to ongoing innovation.

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Patent Infringement Patent Litigation Technology 75

IP Watchdog

JANUARY 1, 2023

Substantial patent litigation activity occurred in the mRNA space in 2022, involving nearly all of the major mRNA and lipid nanoparticle (LNP) pioneers. Since this is the most significant happening in this space with respect to IP in 2022, this post will provide an overview of that activity as well as a summary exposure analysis.

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Litigation IP Patent Patent Infringement 125

Patently-O

FEBRUARY 19, 2023

by Dennis Crouch Rule 1 of the Federal Rules of Civil Procedure sets out a bold goal for civil litigation: “ the just, speedy, and inexpensive determination of every action.” ” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust.

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Patent Infringement Cease and Desist Patent Invention 122

JD Supra Law

DECEMBER 13, 2024

This article is the second in our series on patent litigation strategies for cybersecurity companies. It expands on Tactic #1, Challenge the courts jurisdiction, from our earlier article, Five Tactics for Cybersecurity Companies to Defeat Patent Infringement Claims.. By: Fish & Richardson

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Litigation Patent Infringement Patent 73

IP Watchdog

JANUARY 29, 2025

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.

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Patent Infringement Patent Technology Litigation 101

JD Supra Law

JANUARY 4, 2024

Litigators in the life sciences field are no doubt familiar with the so-called “artificial” act of infringement established by 35 U.S.C. § The filing of such an action can allow for, among other things, the resolution of patent infringement disputes before the generic (or. By: Proskauer - Minding Your Business

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Patent Infringement Patent Licensing Litigation 75

IP Watchdog

MARCH 8, 2023

government’s recent statement of interest filed in a patent infringement suit against Moderna’s COVID-19 vaccine. That statement argued that Moderna should be released from infringement liability under the terms of a government contract that “authorize[d] and consent[ed] to all use and manufacture” of any U.S.

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Patent Infringement Government Patent Contracts 105

JD Supra Law

SEPTEMBER 19, 2022

offering an important reminder to patent litigators of the necessity of following the local rules of the jurisdiction in which a patent infringement suit is filed. an initial claim chart relating each accused product to the asserted claims each product allegedly infringe[d]” under the local rules of.

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Litigation Patent Patent Infringement 98

IP Tech Blog

AUGUST 18, 2023

On June 1, 2021, the Fourth Amendment to the Chinese Patent Law became effective. An important part of the amendment is the introduction by Article 76 of the patent linkage system in China – a system for litigation of drug patents prior to market entry of generics, similar to that provided by the Hatch Waxman Act in the US.

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Litigation Patent Intellectual Property Branding 98

SpicyIP

FEBRUARY 21, 2025

This case pertains to patent infringement concerning two process patents related to the fungicide Azoxystrobin. Indian IP litigation has of late admitted new forms of engagement of concurrent evidence such as the hot-tubbing and the confidentiality club (previously discussed here & here ). It noted that Serial No.

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Confidentiality Litigation Intellectual Property IP 103

SpicyIP

SEPTEMBER 25, 2023

Adding another leaf to the FCM patent litigation saga, the Delhi High Court on September 19 refused to grant an interim injunction to Vifor considering the launch of the Biological E’s product in the market. She is keenly interested in Intellectual Property Law, Technology Law, and Corporate Law.

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Patent Infringement Patent Marketing Marketing 105

Intellectual Property Law Blog

MARCH 9, 2022

An important takeaway from this case is that careful consideration should be given to the scope of any forum selection clauses regarding patent infringement or invalidity actions. In Nippon Shinyaku v. The Federal Circuit disagreed. on the ground of forum non conveniens.”.

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Intellectual Property Patent Infringement Contracts Confidentiality 189

IP Law 360

APRIL 2, 2025

Nokia is suing Acer, Asus and Hisense for patent infringement in Europe, kicking off a fresh round of litigation over its video coding tech on the back of its license agreement with Amazon.

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Patent Infringement Patent Licensing Litigation 52

IPilogue

DECEMBER 20, 2022

Rovi’s revenue model is to license a portfolio for a rate without consideration for the number of patents. Videotron claimed they licensed to avoid litigation, and later realized that Rovi’s portfolio is obsolete. Whether Rovi practiced the invention of the patent in Canada. Rovi’s conduct. Videotron’s Conduct.

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Litigation Inventor Invention Licensing 118

IP Watchdog

JULY 22, 2022

The major streaming companies, including Disney, challenged WAG Acquisitions [of Woodsford Litigation Funding] patents before the Board; SharkNinja challenges Bissel patents on vacuum cleaners; and FedEx challenged patents owned by Raymond Anthony Joao’s ultra-litigious Transcend Shipping.

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Litigation Patent Patent Infringement Government 111

Patently-O

JUNE 7, 2023

2023) , the Federal Circuit once again granted a writ of mandamus , ordering a patent infringement case to be transferred out of Judge Albright’s courtroom in the Western District of Texas (WDTX). states, including Texas, is no stranger to litigation in the Lone Star state.

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Litigation Privacy Patent Infringement Patent 116

JD Supra Law

APRIL 9, 2025

As we previouslydiscussed, beginning in 2022, a series of patent infringement lawsuits were filed against Moderna and collaborators Pfizer+BioNTech seeking damages based on their respective sales of the Spikevax and Comirnaty COVID-19 vaccines. By: Rothwell, Figg, Ernst & Manbeck, P.C.

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Litigation Patent Patent Infringement 73