IP Watchdog

OCTOBER 15, 2024

There are two distinct procedures available to parties for resolving patent infringement matters in China: an administrative procedure before the IP office and a civil procedure before the courts.

Patent Infringement 104

Patent Infringement Intellectual Property Patent Litigation 104

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.

Patent Infringement 128

Patent Infringement IP Government Patent 128

JD Supra Law

AUGUST 16, 2024

271(e) to limit the number of patents a drug manufacturer can assert in a patent infringement lawsuit against biosimilars and generics companies. The APPA was first introduced to the House on January 30, 2023 by Representative John Cornyn (R-Tx), with the aim of reducing drug prices. By: MoFo Life Sciences

Patent Infringement 108

Patent Infringement Patent 108

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.

Patent Infringement 111

Patent Infringement Patent Law Litigation 111

SpicyIP

JANUARY 20, 2023

COVID-19 Vaccine Patent Infringement? The Battle Between Moderna and Pfizer/BioNTech Continues Last month, the patent battle between COVID-19 mRNA vaccine manufacturers continued with BioNTech/Pfizer filing a strong defense and counter-claim to Moderna’s allegations of patent infringement.

Patent Infringement 119

Patent Infringement Patent Patent Application Intellectual Property 119

JD Supra Law

MARCH 14, 2025

In this edition of The Precedent, we outline the decision in Trudell Medical International Inc. D R Burton Healthcare LLC.

Patent Infringement 68

Patent Infringement Editing Patent Law 68

JD Supra Law

JULY 1, 2024

On June 28, 2024, the United States Patent and Trademark Office (USPTO) issued a Notice requesting public comments on the current state of the common law experimental use exception to patent infringement and whether Congress should consider codifying the experimental use exception through legislative action.

Patent Infringement 106

Patent Infringement Patent Patent Law Trademark 106

JD Supra Law

SEPTEMBER 4, 2024

for patent infringement in the Northern District of California, with Fenwick representing Meril in the district court case and the recent appellate victory. In 2019, Edwards Lifesciences Corporation sued Meril Life Sciences Pvt. By: Fenwick & West LLP

Patent Infringement 96

Patent Infringement Patent 96

Indiana Intellectual Property Law

OCTOBER 2, 2023

million jury verdict that had previously been awarded to Teva in a patent infringement suit regarding the two companies’ development of drugs with antibodies capable of treating headache disorders associated with calcitonin gene-related peptide (“CGRP”).

Patent Infringement 98

Patent Infringement Patent 98

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.

Patent Infringement 101

Patent Infringement Patent Technology Litigation 101

JD Supra Law

AUGUST 12, 2024

accusing them of infringing on patents related to commercial lighting control technology. The patents in question, U.S. Patent Nos. Heartland, Inc. filed a lawsuit against Povolny Specialties, Inc., 9,788,391 B1 and 10,390,400 B1, were central to Heartland’s claims. By: Whitcomb Selinsky, PC

Patent Infringement 111

Patent Infringement Patent Technology 111

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.

Patent Infringement 75

Patent Infringement Patent Litigation Technology 75

JD Supra Law

AUGUST 19, 2024

Harvard University has sued Samsung, alleging that the latter’s chip technology infringes two patents owned by the university. The case is President and Fellows of Harvard College v. Samsung Electronics Co, U.S. District Court for the Eastern District of Texas, No. 2:24-cv-00636. By: AEON Law

Patent Infringement 102

Patent Infringement Patent Technology Law 102

Patently-O

FEBRUARY 19, 2023

” Patent litigation is rarely speedy; quite expensive; and, many would argue, often unjust. 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 Infringement 122

Patent Infringement Cease and Desist Patent Invention 122

Patently-O

OCTOBER 9, 2023

He was talking to the potential jurors as voir dire was just about to begin. — Dennis = = = We are engaged or about to be engaged this morning in the selection of a jury in the civil case involving allegations of patent infringement.

Patent Infringement 121

Patent Infringement Patent Ownership Copying 121

SpicyIP

SEPTEMBER 25, 2023

Firstly , Vifor (International) Ltd (“plaintiffs”) denied the patent’s ‘product by process’ nature on grounds that only two types of patents are recognized under section 2(1)(j) of the Patents Act, 1970 , i.e., a “product” or a “process” patent to the exclusion of any third variety.

Patent Infringement 105

Patent Infringement Patent Marketing Marketing 105

43(B)log

OCTOBER 9, 2023

Courts have generally harmonized the Lanham Act with the Patent Act by requiring bad faith before claims about patent infringement can constitute false advertising. There was a partly successful appeal to the Federal Circuit, after which Zinus gave Cap Export a covenant not to sue.

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False Advertising Patent Infringement Patent Advertising 104

IP Law 360

MARCH 18, 2025

Groupon may make defending patent infringement claims more challenging, time-consuming and expensive but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose. The Federal Circuit's decision last month in Kroy IP Holdings v.

Patent Infringement 52

Patent Infringement Patent IP 52

JD Supra Law

OCTOBER 24, 2024

Last week, GlaxoSmithKline and Northwestern University filed separate lawsuits against Moderna, accusing its mRNA-based vaccines of patent infringement. By: Goodwin

Patent Infringement 68

Patent Infringement Patent 68

IP Watchdog

OCTOBER 13, 2023

politicians warn of widespread copyright infringement on NFT marketplaces; Google announces it will assume legal responsibility to offer customers protection from copyright disputes caused by the tech firm’s generative AI; Caltech and Apple jointly file a request to dismiss the patent infringement lawsuit between the two.

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Copyright Infringement Patent Infringement Copyright Patent 105

JD Supra Law

SEPTEMBER 25, 2024

As Chinese enterprises’ technological innovation level and their R&D capabilities has grown by leaps and bounds in recent years, it is not uncommon for them to defend based on prior use right in patent infringement disputes. By: Linda Liu & Partners

Patent Infringement 70

Patent Infringement Patent Technology 70

JD Supra Law

AUGUST 16, 2024

The US Patent and Trademark Office is requesting public feedback on the current experimental use exception’s impact on technology sectors—and the public’s appetite for expanding the exception. By: Morgan Lewis

Patent Infringement 106

Patent Infringement Patent Technology Trademark 106

JD Supra Law

FEBRUARY 19, 2025

In September of last year, and in light of a corresponding Japanese patent infringement suit, I published an article detailing how The Pokmon Company had filed two patent applications at the United States Patent and Trademark Office (USPTO) after the release of Palworld.

Patent Application 65

Patent Application Patent Patent Infringement Publishing 65

JD Supra Law

MARCH 10, 2025

Court of Appeals for the Federal Circuit lowered barriers that one must overcome to enforce patents at the U.S. International Trade Commission (ITC).

Marketing 65

Marketing Marketing Patent Infringement Patent 65

JD Supra Law

DECEMBER 2, 2024

A district court recently refused to exclude testimony regarding consumer surveys conducted by a design patent expert, holding instead that the consumer surveys may be probative of how an ordinary observer would view the designs at issue, and thus could assist the factfinder in determining design patent infringement under the ordinary observer test.

Design Patent 65

Design Patent Designs Design Patent Infringement 65

Indiana Intellectual Property Law

SEPTEMBER 19, 2023

LLC for patent infringemen t under U.S. Patent Laws, 35 U.S.C. §§ 271 , 281 , 283 , 284 , and 285. 8,967,940 (“the ’940 patent”) and U.S. Kalida, Ohio – The Plaintiff, UNVERFERTH MFG. filed suit against Silver Lake, Indiana company , PAR-KAN CO.,

Cease and Desist 97

Cease and Desist Patent Infringement Patent Patent Law 97

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.

Intellectual Property 73

Intellectual Property Patent Infringement Litigation Business 73

JD Supra Law

DECEMBER 4, 2024

The tests for willful and indirect (both inducement and contributory) patent infringement require a finding by the court that the alleged infringer had prior knowledge of infringement of the at-issue patent. By: BakerHostetler

Patent Infringement 70

Patent Infringement Patent 70

JD Supra Law

MARCH 11, 2025

However, a recent ruling offers crucial clarity for companies relying on AWS: simply using AWS servers in the region does not automatically establish venue for patent infringement cases in the Eastern District of Virginia. million businesses. By: Baker Botts L.L.P.

Patent 65

Patent Patent Infringement Business 65

JD Supra Law

JANUARY 13, 2025

The threat of German patent litigation is rising.

Litigation 73

Litigation Patent Patent Infringement 73

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. Int’l Shipping Corp., 422, 430 (2007); AVX Corp. on the ground of forum non conveniens.”.

Intellectual Property 189

Intellectual Property Patent Infringement Contracts Confidentiality 189

JD Supra Law

FEBRUARY 4, 2025

The key issue was whether a patent infringement action commenced in Alberta falls under the two-year limitation period in the provincial Limitations Act or the six-year period in the federal Patent Act. Alliance Pipeline Limited Partnership (Decision).

Patent Infringement 65

Patent Infringement Patent Law 65

JD Supra Law

DECEMBER 20, 2023

Legal basis of the judgment - Article 11 of the Interpretation of the Supreme People’s Court on Some Issues concerning the Application of Law in the Trial of Disputes over Infringement of Patent Rights gives the basic principle that the determination of identical or similar designs should take into consideration the overall visual effect based on the (..)

Designs 115

Designs Design Patent Infringement Patent 115

JD Supra Law

FEBRUARY 28, 2025

reversing and remanding a district court ruling that had dismissed Kroys patent infringement claims based on collateral estoppel. On February 10, 2025, the United States Court of Appeals for the Federal Circuit issued a decision in Kroy IP Holdings, LLC v. Groupon, Inc., Kroy IP Holdings, LLC v. Groupon, Inc., 23-1359, 2025 U.S.

Patent Infringement 65

Patent Infringement IP Law Patent 65

JD Supra Law

SEPTEMBER 27, 2024

s motion to dismiss for failing to plead “facts sufficient to establish infringement.”. On September 10, 2024, District Judge Paul G. Gardephe (S.D.N.Y.) granted in part Defendant Adobe, Inc.’s By: Patterson Belknap Webb & Tyler LLP

Patent Infringement 96

Patent Infringement Patent 96

JD Supra Law

JANUARY 29, 2025

What happens when the clock runs out on critical evidence in a high-stakes patent infringement case? Join me, Kelly Twigger, as we unravel the intricate layers of electronic discovery through the compelling Beacon Navigation v.

Patent Infringement 75

Patent Infringement Litigation Patent 75

JD Supra Law

JANUARY 20, 2025

The District of Delaware recently denied a motion to dismiss a patent infringement complaint involving gene editing technology that sought relief under the Safe Harbor Provision of the Hatch-Waxman Act.

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Editing Technology Invention Patent Infringement 68