SpicyIP

OCTOBER 30, 2023

Putting an end to a 24 year old patent infringement suit, the Delhi High Court has directed Maharaja Appliances Ltd. While this seems to have happened in trademark law disputes (eg: Starbucks Corporation vs Teaquila A Fashion Cafe & Anr ), this seems to be one of the rare (maybe our readers know other examples?)

Patent Infringement 59

Patent Infringement Patent Art Invention 59

Patently-O

AUGUST 19, 2022

In 2018, Eagle filed its Abbreviated New Drug Application (ANDA) with the FDA seeking to market a generic version of Par’s vasopressin injection product (Vasostrict) used for emergency blood pressure treatment. Eagle Pharm., 2021-2342, — F.4th 4th — ( Fed. 18, 2022 ). 35 U.S.C. § 355(j)(2)(A)(vii)(IV).

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Branding Brands Branding Marketing 87

The IPKat

JANUARY 2, 2022

A recent example of how the metaverse will include digital fashion is the conflict between Hermès and MetaBirkins over allegedly trademark-infringing non-fungible tokens ("NFTs") that were marketed as MetaBirkins without Hermès' permission.

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Blogging IP Non-Fungible Tokens Cease and Desist 127

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.

Patent Infringement 81

Patent Infringement Inventor Patent Law 81

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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Inventor Marketing Marketing Patent 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.

Intellectual Property 52

Intellectual Property Patent Inventor Licensing 52

The IPKat

SEPTEMBER 15, 2022

Its focus is on how open approaches to innovation may overcome market failures in situations where patent protection blocks subsequent improvements of an existing invention (also called “follow-on innovation”). This, in turn, brings on such market failures as excessive royalties or unjustified refusal to license a patent.

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Licensing Art Marketing Marketing 60

More Than Your Mark

FEBRUARY 11, 2019

Despite the widely diverging needs of the different industries that make use of the US patent system, US patent law applies essentially the same rules to innovations from all technology fields. patent rules. patent system are discussed below. Food & Drug Administration (FDA).

IP 52

IP Marketing Marketing Invention 52

Patently-O

APRIL 17, 2024

This case began back in 2006 when Crocs sued Double Diamond and others for patent infringement of Crocs’s design patents. The briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. § Crocs largely prevailed in those actions.

False Advertising 115

False Advertising Advertising Advertising Patent 115

IP and Legal Filings

MARCH 27, 2024

Introduction The main emphasis of the case pertains to accusations of patent infringement made by the defendant, as well as the subsequent pursuit of damages. The purpose of submitting the application was to mitigate the risk of patent infringement amongst the ongoing legal proceedings.

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Invention Patent Patent Infringement Technology 94

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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Law Patent Invention Intellectual Property 109

IP and Legal Filings

JANUARY 21, 2022

With vigorous marketing of patent portfolios, it becomes necessary that those dispute settlements must be done on an amicable basis. Also, Huawei wants to have a strong patent portfolio in the Chinese market where all such measures are more or less beneficial for it. Chinese market. Image Source: gettyimages].

Confidentiality 52

Confidentiality Marketing Marketing Licensing 52

Intepat

MAY 18, 2023

INTRODUCTION Oftentimes, it is observed how intellectual property laws, specifically; patent laws are contradictory to competition and antitrust laws. While one confers rights on inventors to encourage innovation, the other aims to eradicate monopolistic practices and encourages healthy competition in the market.

Patent 52

Patent Licensing Intellectual Property Technology 52

The IPKat

FEBRUARY 14, 2022

OxFirst - Damage Calculations in Patent Infringement Cases in the U.S.A. - 24 February 2022 OxFirst will hold a webinar on 24 February 2022, from 4:00pm to 5:00pm (CET), to discuss damage calculations in patent infringement cases in the US. Registration is open and can be made here.

Intellectual Property 52

Intellectual Property Registration Patent Infringement IP 52

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

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.

Patent 52

Patent Patent Infringement Patent Law Litigation 52

The IPKat

AUGUST 21, 2024

Legal Background: Second medical use claims In Europe, methods for treatment practised on the human or animal body are explicitly excluded from patentability ( Article 53(c) EPC ). This exclusion is intended to ensure medical professionals can treat patients without worrying about patent infringement ( G 1/07 ).

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Patent IP Invention Editing 111

LexBlog IP

NOVEMBER 15, 2022

While physically marking such a product is not always trivial (or desirable from a product aesthetic/marketing standpoint), an appropriate patent marking as suggested below would have provided the patent owner with the ability to collect pre-suit damages. Patent Act has been provided.

Cease and Desist 52

Cease and Desist Design Patent Patent Designs 52

The IPKat

SEPTEMBER 12, 2021

A primary motivation for Abbott's expedition application was to obtain a UK court decision on the validity of four European patents in order to influence a German court considering infringement of the German EP equivalents and to prevent the problems of the "injunction gap". Libre 2 was launched in October 2020.

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Litigation Patent Marketing Marketing 98

LexBlog IP

MARCH 27, 2023

With respect to the first factor, the district court acknowledged that state-law tort claims based on the communication of patent rights “are preempted by federal patent laws, unless the claimant can show that the patent holder acted in bad faith.” Lite-Netics appealed.

Patent 52

Patent Social Media Patent Infringement Litigation 52

Patently-O

SEPTEMBER 13, 2021

In patent infringement cases, it is well-established that a patentee’s damages should reflect only the value of the patented features of an infringing product. Thus, in assessing damages, courts routinely “apportion” the infringer’s profits between the infringing and noninfringing features of its product.

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Licensing Contracts Patent Law Law 56

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.

Intellectual Property 52

Intellectual Property Patent Litigation IP 52

Intepat

OCTOBER 6, 2024

As a result, businesses are leveraging patents to secure their innovations in green technology, ensuring they stay competitive in a market that values sustainability. While most patent offices, including the United States Patent and Trademark Office (USPTO), have ruled that AI cannot be listed as an inventor, the debate continues.

Patent 52

Patent Intellectual Property Inventor Technology 52

SpicyIP

JANUARY 16, 2023

10th Mahamana Malviya National Moot Court Competition by Law School, Banaras Hindu University [Varanasi, March 24-26, 2023]. We informed our readers of the 10th Mahamana Malaviya National Moot Court Competition concerning a moot problem on patents law and incremental innovations. Case Summaries. Ashish Bharadwaj, Vishwas H.

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Trademark Designs Design Registration 102

IP and Legal Filings

SEPTEMBER 13, 2022

Freedom to operate searches provides you with important information about how much business opportunity there is for your firm in the industry, in addition to letting you know whether there would be any difficulties entering your chosen market. Is Software Patentable? Software patents are one of the oldest patents.

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Patent Invention Inventor Technology 52

Patent Trademark Blog

JUNE 15, 2023

How you do patent only successful products without waiting too long ? You want to patent only successful products, but you need time to determine which products will sell well. US patent laws, however, impose deadlines on patenting. Is it worth it to apply for a patent?

Design Patent 52

Design Patent Patent Patent Application Designs 52

SpicyIP

MARCH 11, 2024

Highlights of the Week Hot-Tubbing in Indian IP Litigation: Delhi High Court Issues Directives in High-Stakes Patent Infringement Case Image from [link] here Recently, the DHC issued directives regarding expert evidence in the Perjeta patent litigation. Justice Prathiba M Singh’s Commentary on patents law released.

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Trademark Registration Copyright Patent 59

Garrigues Blog

FEBRUARY 18, 2025

Besides invalidation of the patent, the lack of a legal basis in patent infringement and invalidity claims can also result in an order to pay costs due to recklessness. Patent infringement and invalidity proceedings in Spain are highly complex and demanding. FREENOW case Recently, MYTAXI IBERIA, S.L.

Intellectual Property 52

Intellectual Property Patent Invention Reporting 52

Intepat

DECEMBER 16, 2024

Second, is to compare the patent elements with similar products in the markets. The second types is also known as Evidence of use or Patent to Product Standards. As a result, the patent application may not provide specific details about the product, making it more likely to be excluded during claim mapping.

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Patent Invention Patent Application Art 52

The IP Law Blog

APRIL 16, 2021

Pfizer and BioNTech recently asked the Southern District of California to dismiss a patent infringement claim from Allele Biotechnology related to Pfizer and BioNTech’s Covid-19 vaccine. Allele holds a patent for a fluorescent protein called mNeonGreen, which causes some cells to glow when exposed to certain kinds of light.

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IP Patent Infringement Invention Patent 144