The IPKat

JANUARY 24, 2023

This Kat is delighted to review “ A Practitioner’s Guide to European Patent Law: For National Practice and the Unified Patent Court ” (Hart Publishing, 2022, 664 pp.). The book consists of seventeen chapters, mainly on substantive law, but it also addresses certain procedural matters and questions of international private law.

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Patent Law Law Patent Editing 66

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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JD Supra Law

SEPTEMBER 20, 2024

This case addresses the application of issue preclusion in scenarios where two closely related cases allege patent infringement against different versions of the same technology. By: Sheppard Mullin Richter & Hampton LLP

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Patent Law Patent Infringement Law Patent 65

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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Patently-O

NOVEMBER 29, 2023

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB procedures, interpretation of joinder time limits IPR, to the proper scope patent eligibility doctrine. Mangrove Partners Master Fund (No.

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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? Pursuant to appeal of that decision, however, the United States Court of Appeals for the Fifth Circuit has now addressed the photonegative question in HTC Corp.

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Contracts Law Patent Licensing 119

LexBlog IP

MARCH 5, 2023

Nu Tsai Capital, LLC, [2023-1146] (February 17, 2023), the Federal Circuit vacated a preliminary injunction against Lite-Netics patent-related speech, holding that the district court abused its discretion. Patent Nos. Lite-Netics send a notice to the trade that Lite-Netics’s magnetic string lights were protected by U.S.

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Patent Infringement Patent Intellectual Property Law Litigation 52

IP Close Up

NOVEMBER 26, 2024

Private property rights like patents that cover inventions promote a growing innovation economy and a flourishing society. Without them there would be idle curiosity, but Continue reading

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Patent Infringement Patent Invention IP 81

The IP Law Blog

APRIL 27, 2023

Although a patent can be challenged in federal district court, an IPR is an expedited and less costly procedure than federal court litigation. Thus, an IPR is a useful method for a defendant in a patent litigation lawsuit to invalidate the patent in issue.

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Patent Litigation Patent Infringement Invention 98

Patently-O

DECEMBER 20, 2022

In 2020, Storus (AKA “Mosaic Brands”) sued Ridge Wallet for both patent infringement (US7334616) and product-design trade dress misappropriation. Ridge counterclaimed with its own patent infringement contentions (US10791808, Fig 11 shown above). Ridge Wallet LLC , — F.4th 4th — (Fed.

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Patently-O

FEBRUARY 23, 2022

Taken together, these myths paint a grim picture of design patents: Half of all design patent applications are rejected. Most asserted design patents are invalidated in litigation. Most litigated design patents are not found infringed. Walter’s data preceded the passage of the Patent Act of 1952.

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LexBlog IP

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.

Litigation 52

Litigation Patent Intellectual Property Branding 52

The IP Law Blog

MAY 7, 2021

285, determining plaintiff’s litigation positions were not baseless even after a granting of summary judgment of noninfringement that “was not a close call.” . As way of background, in patent infringement cases, Courts are authorized to award “reasonable attorney fees to the prevailing party” in “exceptional cases.”

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Litigation Patent Infringement Patent Government 94

SpicyIP

OCTOBER 30, 2023

Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. Background The dispute started off as a heated battle between the parties over the plaintiff’s ‘Liquid Heating Vessels’ patent, which the plaintiff claimed was used by the defendant in its electric kettles.

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Patent Infringement Patent Art Invention 59

LexBlog IP

FEBRUARY 27, 2023

The District of Delaware is renowned as a patent litigation hot spot, but the district sees its fair share of other IP litigation. Judge Andrews’s Javo opinion is a guidepost for parties that are either pleading infringement or trying to dismiss infringement claims early. at 1212 (Thomas, J., dissenting)).

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The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. For clarity, this covenant not to sue includes, but is not limited to, patent infringement litigations, declaratory judgment actions, patent validity challenges before the U.S.

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JD Supra Law

NOVEMBER 14, 2022

In China, we indeed have estoppel doctrine, but it is not provided in the Patent Law. However, in the Judicial Interpretations of the Supreme People's Court (SPC) about hearing the patent infringement litigation, the estoppel doctrine has been stipulated many times.

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Patent Patent Application Patent Infringement Patent Law 52

Patently-O

JANUARY 11, 2022

The Supreme Court explained that a collection of known elements cannot be patented unless “the whole in some way exceeds the sum of its parts” — something that is usually not the case in mechanics. The defendant had been telling people that plaintiff was an infringer; plaintiff sued for defamation. The Fair v.

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IP Watchdog

NOVEMBER 2, 2022

Jump Rope Systems, the inventor of a novel jump rope system, is petitioning the Supreme Court to clarify “whether, as a matter of federal patent law, a determination of unpatentability by the Patent Trial and Appeal Board in an inter partes review proceeding, affirmed by the Federal Circuit, has a collateral estoppel effect on patent validity in a (..)

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Inventor Invention Patent Infringement Patent Law 69

Patently-O

DECEMBER 5, 2022

Back in 2021, Bel Power sued Monolithic for patent infringement in Waco Texas. Proper venue is rarely a big deal these days in Federal Litigation. But, patent law is different. In the late 1800s Congress created a special venue statute for patent cases that has stuck despite changes in the general law.

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Business Patent Infringement Patent Patent Law 81

Patently-O

OCTOBER 26, 2022

Financing an infringement lawsuit is a bit tricky, especially for a total-startup (micro entity) in a fairly small market. After failed licensing discussions, her company Jump Rope Systems eventually sued Coulter Ventures (owners of Rogue Fitness ) in 2018 for patent infringement. Jump Rope Systems, LLC v. ” XY, LLC v.

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Patent Infringement Inventor Patent Law 81

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.

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Technology Licensing Patent Application Patent Infringement 98

SpicyIP

JULY 25, 2023

In this regard, the scientific community can learn from gene patent litigation strategies adopted in the past, in countries like the US (Myriad as discussed below), to help courts and policy makers craft solutions that balance the interests of both the inventing community and public health needs. Is Messenger RNA Patent-Eligible?

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Patent Invention Litigation Law 97

SpicyIP

MAY 8, 2022

For mine, it is the treatment of prosecution history in trade mark infringement proceedings. Regular readers of these pages will doubtless be familiar with prosecution history in relation to patent law. It is pressed into service across invalidation and infringement proceedings alike.

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Intellectual Property Intellectual Property Law Registration Law 122

Patently-O

DECEMBER 30, 2021

Constitution generally requires due process, and particularly protects litigants’ rights to a jury trial in common law cases. One quirk–the right to a trial by jury does not cover issues-of-law, and only extends to some issues-of-fact. Patent Law at the Supreme Court December 2021.

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Law Patent Patent Law Litigation 58

The IP Law Blog

JULY 15, 2021

Explain whether you have changed your behavior with regard to filing, purchasing, licensing, selling, or maintaining patent applications and patents in the United States as a result of the current state of patent eligibility jurisprudence in the United States. intellectual property.

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Patently-O

AUGUST 19, 2022

In order to facilitate resolution of brand-generic patent conflict, the Patent Laws include a form of paper infringement–a legal fiction that simply filing an ANDA and Paragraph IV certification counts as a form of patent infringement. ” In re Brimonidine Patent Litig.,

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Branding Brands Branding Marketing 87

Delaware Intellectual Property Litigation Blog

SEPTEMBER 11, 2021

But that time has not yet arrived, and, if it does, it will be up to Congress to decide how, if at all, it wants to expand the scope of patent law.” at *17-18. A copy of the Memorandum Opinion is attached.

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Patently-O

OCTOBER 11, 2021

In the Fifth Circuit, the USPTO filed a motion to dismiss the appeal–arguing that the case arose under the patent laws and therefore should go to the Federal Circuit. Arising under the Patent Laws : A key underlying issue in the case is the extent that the patent laws require the USPTO to issue certain regulations.

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The IP Law Blog

NOVEMBER 18, 2021

This process, called “ inter partes review” (“IPR”), is widely used to determine the patentability of patent claims that are the subject of pending patent infringement litigation in district court. An IPR functions similar to a civil litigation once instituted.

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Litigation Patent Technology Invention 75

Intepat

SEPTEMBER 27, 2024

In the modern landscape of technological advancement, patent thickets have emerged as a critical concern for innovators, businesses, and policymakers. A patent thicket refers to a dense network of overlapping patents that can complicate the development and commercialization of new products.

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Patently-O

JULY 8, 2022

David Tropp sued Travel Sentry for patent infringement back in 2006. That was the same year that I first taught a patent law class. Back then, eligibility was almost an unknown concept in patent litigation. The rule of thumb was “anything under the sun, made by man,” and I mean ANYTHING.

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IP.com

JUNE 27, 2024

But what about AI’s potential ability to safeguard and protect against patent infringement, while simultaneously being used to ensure greater ideation success before patents are filed? It turns out AI has incredible potential to serve as a primary guardian of patents.

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Intellectual Property Patent Litigation IP 52

Patently-O

MARCH 18, 2024

The Patent Act includes a 6-year statute of limitations, but as written it only applies to cut-off recovery for patent infringement — and does not apply to lawsuits to correct inventorship. This ruling aligned patent law with the Court’s prior decision in Petrella v. Advanced Cardiovascular Sys.

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Patent Inventor Patent Infringement Designs 59

Patently-O

AUGUST 1, 2023

patent laws. In its decision, the Federal Circuit held it lacked jurisdiction over Teradata’s appeal because the patent infringement allegations only been raised in a permissive counterclaim. SAP responded with denials and also added patent infringement counterclaims. SAP SE , 22-1286 (Fed.

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Patent Patent Infringement Patent Law Litigation 52

Patently-O

OCTOBER 21, 2021

Transfer motions under § 1404(a) are a common tactic in patent litigation, particularly for California-based tech companies sued in the Eastern and Western Districts of Texas. Predictable judge assignments have encouraged what is essentially a race to the bottom among district judges who want to attract patent infringement plaintiffs.

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Patent Patent Infringement Patent Law Litigation 81

More Than Your Mark

NOVEMBER 30, 2018

While it is clear that the USPTO would, and does, issue utility patents directed to cannabis-related products and processes, the validity and enforceability landscape of such patents remain less clear. This case is being watched closely by those in the industry as it is the first infringement suit of its kind.

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