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 110

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 113

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 74

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

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 74

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

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

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 76

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

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 76

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

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 Brands 98

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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Patent Infringement Intellectual Property Contracts Confidentiality 189

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

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.

Litigation 111

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

AUGUST 31, 2023

In litigation news. For the third consecutive month, Tesla finds itself involved in a new patent infringement lawsuit, this latest time as a defendant in an action filed by Graphite Charging Company LLC on August 4, 2023 in the Western District of Texas. By: Mintz - Energy & Sustainability Viewpoints

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IP Patent Infringement Litigation Patent 130

JD Supra Law

OCTOBER 9, 2024

Discover the increasing trend of patent infringement litigation, the importance of a robust IP strategy, and real-world examples of how companies can protect their innovations. Learn about the risks and opportunities for businesses, and hear compelling stories of how strategic IP management can lead to successful.

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Intellectual Property Law Patent Infringement IP 121

The IP Law Blog

MAY 11, 2023

The ‘911 patent relates to “extraction of pharmaceutically active components … more particularly … botanical drug substance (B.D.S.) UCANN filed for bankruptcy in 2020, which stayed the litigation. The parties stipulated to dismiss the infringement claims with prejudice in 2021. The stipulation made no mention of attorney fees.

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Litigation Art Patent Application Copying 98

Patently-O

JULY 14, 2022

This prompted the question for me: who actually files appeals in patent infringement cases and how representative are they of the underlying civil actions filed in the courts? It turns out that the answer is “mostly patent asserters” and that they aren’t necessarily representative of case filings. 235 (2018) ).

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Patent Patent Infringement Intellectual Property Litigation 137

IP Watchdog

AUGUST 6, 2024

Court of Appeals for the Federal Circuit (CAFC) on Tuesday issued a precedential decision affirming a California district court’s decision to grant Blippar.com’s motion to dismiss a patent infringement claim brought against it because the asserted patent claims were ineligible under Section 101. Patent Nos.

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Patent Infringement Patent Litigation Intellectual Property 69

IP Watchdog

AUGUST 15, 2022

With Judge Alan Albright no longer a lock for patent litigants in the Western District of Texas, prospective claimants and their counsel should be rethinking their venue selection strategies. For those navigating this new world order, litigation funders serve as a valuable resource.

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Due Diligence Litigation Patent Patent Infringement 105

IP Law 360

JULY 2, 2024

says an intellectual property law firm and a Chinese litigation funder used its confidential information without permission to help Staton Techiya LLC assert patent infringement allegations, telling a Texas federal judge that the conduct demonstrated why the court should add the other companies to Samsung's suit.

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Litigation Intellectual Property Law Intellectual Property Confidentiality 59

The IP Law Blog

NOVEMBER 17, 2022

In patent infringement cases, venue is proper under 28 U.S.C § 1406(a) where either (1) the company accused of infringement is incorporated or (2) where the company has committed acts of infringement and has a “regular and established place of business.”

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Litigation Patent Business Patent Infringement 98

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

JD Supra Law

AUGUST 8, 2024

Recent case law may impact the timing of defendant technical expert analysis and opinion regarding non-infringing alternatives in patent infringement litigation. On March 13, 2024, Magistrate Judge Roy S.

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Law Patent Infringement Litigation Reporting 112

Olartemoure Blog

AUGUST 23, 2024

In another case involving technology developed by a university, on 5 August 2024, Harvard University filed a complaint against Samsung before the District Court for the Eastern District of Texas alleging patent infringement (available here ). According to the complaint, the Asserted Patents (US Patent Nos.

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Patent Infringement Patent Intellectual Property Technology 52

IP Watchdog

MARCH 22, 2022

In denying these petitions, the Supreme Court turns down Intel Corporation’s challenge to the NHK-Fintiv discretionary denial framework at the Patent Trial and Appeal Board (PTAB), while the Court also dismissed an appeal asking whether a patent infringement case can be determined to be exceptional for purposes of awarding attorney’s fees without a (..)

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Litigation Patent Infringement Patent Invention 111

IP Watchdog

MAY 3, 2022

On April 29, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed in part, reversed in part, vacated in part, and remanded a decision of the United States District Court for the Northern District of Illinois regarding alleged infringement by U.S. Venture Inc., Sunoco).

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Patent Infringement Patent Marketing Marketing 116

The IPKat

APRIL 24, 2023

Last Friday, WIPO published An International Guide to Patent Case Management for Judges. For each jurisdiction, there are several chapters which sets out the procedure and practice for managing patent cases, namely patent infringement cases., while also " integrating pertinent patent law doctrines ".

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Publishing Patent Patent Infringement Intellectual Property 142

JD Supra Law

SEPTEMBER 11, 2024

The Realizing Engineering, Science, and Technology Opportunities by Restoring Exclusive (RESTORE) Patent Rights Act of 2024 aims to address a growing concern in the innovation ecosystem: the diminishing power of injunctive relief in patent infringement cases. By: A&O Shearman

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Litigation Patent Patent Infringement Technology 72

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”). Today, the U.S. against Aetna, Inc.

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Patent Infringement Patent Marketing Marketing 59