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

IPilogue

NOVEMBER 3, 2022

Moderna and Pfizer battle’s over the inventive process of their respective mRNA COVID-19 vaccines revisit the negative associations of profit, monopolies, and optics in patent litigation. Moderna claimed that they had registered foundational mRNA patents between 2010 and 2016. Code § 1498 (a).

Patent Infringement 115

Patent Infringement Law Patent Ownership 115

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.

Patent Infringement 105

Patent Infringement Government Patent Contracts 105

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

OCTOBER 11, 2024

Court of Appeals for the Federal Circuit (CAFC) overturns a lower court ruling, reviving a patent infringement lawsuit against Salesforce; and Limp Bizkit sues Universal Music Group for $200 million in unpaid royalties.

Patent Infringement 104

Patent Infringement Music Patent Intellectual Property 104

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 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 109

Patent Infringement Patent Technology 109

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 106

Patent Infringement Patent Marketing Marketing 106

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

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.

False Advertising 104

False Advertising Patent Infringement Patent Advertising 104

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

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

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.

Patent Infringement 69

Patent Infringement Patent Litigation Intellectual Property 69

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.

Copyright Infringement 105

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

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 68

Patent Infringement Patent 68

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

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.”.

Patent Infringement 189

Patent Infringement Intellectual Property Contracts Confidentiality 189

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.

Patent Infringement 59

Patent Infringement Patent Marketing Marketing 59

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

SEPTEMBER 16, 2024

and its affiliated parties (“Woodland”), asserting design patent infringement, false advertising, trade secret. 26, 2024) - On August 26, 2024, the Western District of Wisconsin issued a decision adjudicating a number of motions in a case involving a thicket of intellectual property claims and counterclaims. By: Irwin IP LLP

Design Patent 65

Design Patent Patent Infringement False Advertising Designs 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

SEPTEMBER 20, 2024

recently transferred an action for patent infringement brought pro se by Rachel Ohana (“Ohana”) against Mars Petcare US, Inc. Chief United States District Judge Laura Taylor Swain (S.D.N.Y.) Mars Petcare”) to the United States District Court for the District of Delaware. By: Patterson Belknap Webb & Tyler LLP

Patent Infringement 62

Patent Infringement Patent 62

IP Law 360

NOVEMBER 25, 2024

Two Amazon companies have reached a settlement with a company that accused them of patent infringement over the voice processing technology used in the Amazon virtual assistant Alexa, according to a minute entry entered Monday.

Patent Infringement 52

Patent Infringement Settlement Patent Technology 52

Patently-O

OCTOBER 2, 2024

million jury verdict in a patent infringement case involving food processing machinery. The Federal Circuit recently issued a decision in Provisur Technologies, Inc. Weber, Inc., 23-1438 (Fed. 2, 2024), partially reversing a $10.5

Patent Infringement 59

Patent Infringement Patent Marketing Marketing 59

IP Watchdog

FEBRUARY 7, 2023

In February 2020, ParkerVision filed a patent infringement lawsuit against Intel in Judge Alan Albright’s Waco, Texas, courthouse in the Western District of Texas. ParkerVision still has remaining patent infringement cases in process against TCL, LG, MediaTek and RealTek in Judge Albright’s court.

Patent Infringement 119

Patent Infringement Patent Settlement Litigation 119

JD Supra Law

SEPTEMBER 26, 2024

The United States patent system is designed to be a balance: in exchange for the inventor disclosing their invention to the public, pa-tentees are granted exclusive rights to that invention for a period of time. This balance is now broken.

Patent Infringement 98

Patent Infringement Inventor Invention Patent 98

Intellectual Property Law Blog

DECEMBER 21, 2023

15, 2023) , the Federal Circuit vacated a jury verdict of non-infringement in a design-patent infringement action filed by Columbia Sportswear against Seirus Innovative Accessories. In Columbia Sportswear North America, Inc. Seirus Innovative Accessories, Inc. 2021-2299, 2021-2338 (Fed.

Art 162

Art Design Patent Design Designs 162

IP Watchdog

OCTOBER 10, 2022

came closer to its goal of knocking down cheaper rival SharkNinja after winning a decision in its patent-infringement case at the International Trade Commission (ITC/Commission), though it wasn’t a clear victory. Roomba maker IRobot Corp.

Confidentiality 137

Confidentiality Patent Infringement Business Patent 137

IP Watchdog

APRIL 17, 2023

Code; and the United States Patent and Trademark Office (USPTO) is hosting regional events in Central Virginia and Silicon Valley to promote resources available to prospective innovators and entrepreneurs. Elsewhere, the Council for Innovation Promotion (C4IP) is holding a webinar on proper use of Section 1498(a) of the U.S.

Government 109

Government IP Patent Infringement Patent 109

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

Patent Infringement 74

Patent Infringement Patent Invention IP 74

IP Watchdog

OCTOBER 18, 2024

vacating a summary judgment entered by the Central District of California that found Feit Electric did not infringe semiconductor light source patent claims asserted by CAO Lighting. On October 16, the U.S. Court of Appeals for the Federal Circuit issued a ruling in CAO Lighting, Inc. Feit Electric Co.,

Patent Infringement 96

Patent Infringement Patent Litigation Technology 96

The IPKat

OCTOBER 8, 2024

Sumi Agro ( UPC_CFI_201/2024 ) that distributing an infringing product outside the Contracting Member States (CMS) and advertising a product under the same name within the CMS can create a risk of patent infringement. According to the Court, Sumi Agro should have offered a cease-and-desist declaration in such circumstances.

Advertising 64

Advertising Advertising Patent Infringement Cease and Desist 64

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

Intellectual Property Law Blog

MAY 11, 2021

Indeed, and perhaps most tellingly, there are no generic versions of the Moderna vaccine, despite Moderna’s promise not to pursue patent infringement during the pandemic.

Intellectual Property 246

Intellectual Property Patent Infringement Patent Technology 246