JD Supra Law

DECEMBER 7, 2023

Actavis that reverse payment settlements—or settlements where a patent holder pays an accused patent infringer cash or other consideration to end the patent litigation—may be subject to antitrust scrutiny if they are "large and unjustified," lower courts have been in search of an administrable pleading standard for these claims.

Settlement 77

Settlement Patent Infringement Litigation Patent 77

TorrentFreak

AUGUST 10, 2023

What typically follows are months of litigation followed by an announcement that there will be no trial because, against all odds, the parties have agreed to settle their differences after confidential negotiations. Unlike similar lawsuits seen elsewhere, DataCamp didn’t immediately succumb to the pressure.

Settlement 78

Settlement Confidentiality Copyright Infringement Public Domain 78

TorrentFreak

DECEMBER 4, 2023

For companies whose movies are downloaded and shared illegally, solutions have been developed that allow them to monitor suspected pirates and track them back to their ISPs, before obtaining their identities and making a settlement offer to end the risk of a full-blown lawsuit.

Settlement 100

Settlement Reporting Intellectual Property Contracts 100

IAM Magazine

JULY 11, 2022

The outcome was unsurprising considering Zebra’s settlements in other litigation, though a newly announced licence with InterDigital proves the company also comes to the negotiation table

Settlement 52

Settlement Litigation 52

IAM Magazine

JULY 11, 2022

The outcome was unsurprising considering Zebra’s settlements in other litigation, though a newly announced licence with InterDigital proves the company also comes to the negotiation table.

Settlement 52

Settlement Litigation 52

TorrentFreak

JUNE 6, 2023

By attaching settlement demands to DMCA notices sent to ISPs, Rightscorp hoped these would be forwarded intact to subscribers. As for the notice settlement model, that assumes that ISPs will forward cash demands to their customers along with DMCA notices.

Settlement 106

Settlement Music Publishing Copyright 106

JD Supra Law

FEBRUARY 13, 2024

For those who have not had a chance to attend one of our CLE presentations on Litigation Funding Disclosure, this IAM article provides a glimpse of the complex landscape for defendants seeking discovery on litigation funding topics in their cases. Litigation funding can significantly impact the parties’ ability to reach settlement.

Litigation 61

Litigation Settlement 61

IP Watchdog

AUGUST 22, 2023

Following years of infringement litigation over its patented wireless chip technologies, the California Institute of Technology (Caltech) has recently enjoyed a pair of settlement outcomes pointing to the strength of the research university’s patent holdings.

Settlement 52

Settlement Technology Litigation Patent 52

LexBlog IP

JANUARY 20, 2023

On January 6, 2023, Genentech and Tanvex reached a settlement in principle to resolve all claims with respect to Genentech’s BCPIA complaint. The post Genentech and Tanvex Reach Settlement in Principle in Trastuzumab BPCIA Litigation appeared first on Big Molecule Watch.

Settlement 52

Settlement Litigation Reporting Patent 52

IAM Magazine

APRIL 29, 2022

Patent litigators who represent plaintiffs and defendants agree the new standing order favours the defence, but one litigation financier predicts well-financed patentees backed by reputable lenders will get the upper hand.

Litigation 97

Litigation Settlement Patent 97

JD Supra Law

MARCH 3, 2022

Actavis decision has guided pharmaceutical litigators and advisors exploring the antitrust risks inherent in settling pharmaceutical patent lawsuits, especially when such settlements could be viewed to include large and unjustified payments to an alleged infringing ANDA filer (or biosimilar manufacturer).

Settlement 98

Settlement Government Litigation Patent 98

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. Michelle Mao is an incoming 2L JD student at Osgoode Hall Law school and an IPilogue Writer.

Litigation 106

Litigation Patent Troll Patent Technology 106

IP Law 360

AUGUST 2, 2023

The litigation between U.S. and Chinese vaping companies over the "Elf" name could end in a settlement, a mediator told a Florida federal judge on Tuesday, saying that favorable rulings on two key issues for one party would likely "force" the other side to "adjust their settlement demands."

Settlement 40

Settlement Litigation 40

IP Watchdog

FEBRUARY 4, 2022

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.

Settlement 113

Settlement Licensing Designs Design 113

IP Law 360

FEBRUARY 3, 2023

A British nanotechnology company said Friday it landed $150 million from its litigation-funded patent infringement lawsuits against Samsung that ended in a settlement last month, just as jury selection was set to kick off in one of the cases in Marshall, Texas.

Litigation 75

Litigation Settlement Patent Patent Infringement 75

The IP Law Blog

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? The party must identify the third-party funder and whether the third-party funder has the right to approve litigation or settlement decisions. The issue arose as a result of two standing orders issued by Judge Connolly.

Litigation 98

Litigation Patent Confidentiality Settlement 98

JD Supra Law

OCTOBER 20, 2021

The FTC claimed that the manufacturers had brought “sham” patent infringement litigation in 2011 against Teva and another generic supplier, Perrigo. The FTC also claimed that the December 2011 Teva settlement constituted an illegal reverse payment settlement under FTC v. Actavis, in violation of Section 5.

Litigation 101

Litigation Settlement Patent Infringement Branding 101

The IP Law Blog

JUNE 1, 2023

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.

Litigation 96

Litigation Licensing Settlement Patent 96

IP Law 360

AUGUST 1, 2023

million settlement to end claims that the now-bankrupt Mulvadi Corp. wrongly sold coffee using the name "Kona," the latest deal in litigation from Hawaiian farmers alleging the company's coffee contained no coffee grown or harvested from the state's Big Island. A Washington federal judge has given the go-ahead to a $7.78

Settlement 40

Settlement Litigation 40

Patently-O

JULY 17, 2024

In addition, the court noted several other problems, including that VDPP falsely represented in its initial disclosures that there were no settlement agreements related to the ‘452 patent. In fact, there were 11 such agreements, 7 of which were signed by VDPP’s own president. ” Id. ” Chambers v. NASCO, Inc.,

Litigation 62

Litigation Patent Intellectual Property Settlement 62

LexBlog IP

DECEMBER 13, 2023

The post Janssen and Samsung Bioepis Settle STELARA (Ustekinumab) Litigation appeared first on Big Molecule Watch.

Litigation 52

Litigation Settlement Licensing Marketing 52

IAM Magazine

DECEMBER 14, 2021

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.

Settlement 52

Settlement Litigation IP Patent 52

JD Supra Law

NOVEMBER 7, 2022

Intellectual property litigation is expensive. So much so that many businesses facing the prospect of pursuing litigation resort to making settlement decisions based on the economic burden of a multi-year litigation process, rather than solely upon the strength of their arguments or the risks associated with proceeding to trial.

Litigation 52

Litigation Intellectual Property Settlement Business 52

IAM Magazine

APRIL 29, 2022

Patent litigators who represent plaintiffs and defendants agree the new standing order favours the defence, but one litigation financier predicts well-financed patentees backed by reputable lenders will get the upper hand.

Litigation 52

Litigation Settlement Patent 52

LexBlog IP

FEBRUARY 20, 2023

As previously reported , Genentech and Tanvex reached an agreement in January 2022 to settle BPCIA litigation relating to Tanvex’s biosimilar of HERCEPTIN (trastuzumab). The post Genentech BPCIA Trastuzumab Case Against Tanvez Dismissed After Settlement appeared first on Big Molecule Watch.

Settlement 45

Settlement Litigation Reporting Patent 45

JD Supra Law

JULY 5, 2024

Patent and Trademark Office (“PTO”) rule that would mandate the disclosure of all settlement agreements made between parties appearing before the Patent Trial and Appeal Board (“PTAB”). Introduction - On June 18, 2024, the Federal Trade Commission (“FTC”) unanimously agreed to submit a comment supporting a recent proposed U.S.

Settlement 66

Settlement Litigation Patent Trademark 66

IP Watchdog

APRIL 28, 2022

With an average 33 Patent Trial and Appeal Board (PTAB) filings (one post grant review, the rest inter partes reviews[IPRs]), a relatively high number (89) of district court terminations (including some high-profile settlements), and a somewhat low number (63) of suits this week, we are rolling into May. Chief Judge Connolly of the U.S.

Litigation 98

Litigation Patent Settlement Intellectual Property 98

IP Law 360

MARCH 24, 2023

Plaintiffs counsel in a class action from consumers who alleged Allergan and Merz delayed generic versions of Alzheimer's drugs from coming to market will be awarded 33.3%, plus litigation expense reimbursement, of an eight-figure settlement.

Settlement 40

Settlement Litigation Marketing Marketing 40

JD Supra Law

FEBRUARY 21, 2023

As previously reported, Genentech and Tanvex reached an agreement in January 2022 to settle BPCIA litigation relating to Tanvex’s biosimilar of HERCEPTIN (trastuzumab). On February 9, the court entered an order dismissing all claims in the case. By: Goodwin

Settlement 98

Settlement Litigation Reporting 98

IP Law 360

MARCH 2, 2023

The owner of patented battery backup technology argued Thursday a Delaware federal judge can't make it disclose third-party litigation funding after it reached settlements in two related infringement suits, contending the court lacks jurisdiction following dismissal.

Settlement 40

Settlement Patent Litigation Technology 40

BYU Copyright Blog

SEPTEMBER 2, 2022

In an Order filed on August 9, 2021, the court denied both Motions, finding ComicMix's novel argument unpersuasive and concluding that a reasonable jury could possibly find that there was not substantial similarity in the total concept and feel of the copyrighted works, making the matter inappropriate for summary judgment.

Settlement 52

Settlement Fair Use Intellectual Property Copyright Infringement 52

IP Law 360

NOVEMBER 27, 2023

The top federal judge in Delaware concluded Monday that the Texas attorneys behind prolific patent litigation funding outfit IP Edge might have broken the law — and their ethical obligations as lawyers — by litigating ferociously for settlements from tech companies while operating behind a shadowy network of "relatively unsophisticated individuals." (..)

Litigation 40

Litigation IP Settlement Patent 40

IP Law 360

JULY 21, 2022

The Third Circuit on Thursday crushed Perrigo's shot at reviving its antitrust suit against AbbVie over a low-testosterone treatment, finding the litigation was barred under a prior settlement between the competing drugmakers.

Settlement 40

Settlement Litigation 40

JD Supra Law

APRIL 16, 2024

On April 10, 2024, the Court granted Plaintiffs Genentech, Hoffmann-La Roche, and Biogen and Defendants Dr. Reddy’s and Fresenius Kabi’s joint stipulation of dismissal due to settlement in Case No. 1:23-cv-22485 (D.N.J.) related to Dr. Reddy’s and Fresenius Kabi’s proposed Rituxan® (rituximab) biosimilar DRL_RI. By: Venable LLP

Settlement 63

Settlement Litigation 63

LexBlog IP

APRIL 20, 2022

Del issued a standing order for all pending litigation before him requiring disclosure of certain financial relationships from litigating parties. The information is due 30 days from filing of an initial pleading, and includes arrangements made between parties and third party funders.

Litigation 52

Litigation Settlement Intellectual Property 52

LexBlog IP

JANUARY 16, 2024

” As we have previously reported, J&J has entered into settlement agreements with Samsung Bioepis , Alvotech and Teva , Fresenius Kabi and Formycon AG , and Celltrion in relation to their respective ustekinumab biosimilar products. Stay tuned to Big Molecule Watch for more updates on this litigation. Lowey Dannenberg, P.C.,

Litigation 52

Litigation Settlement Patent Reporting 52

JD Supra Law

DECEMBER 13, 2023

Samsung Bioepis recently reported that it has signed a settlement and license agreement with Johnson & Johnson (“J&J”) in the United States relating to SB17, Samsung Bioepis’s ustekinumab biosimilar to J&J’s STELARA®. If SB17 is approved by the FDA, the license period in the United States will begin on February 22, 2025.

Litigation 66

Litigation Settlement Licensing Reporting 66