Patents

by Dennis Crouch Sanofi-Aventis U.S., LLC v. Dr. Reddy’s Laboratories, Inc. and Fresenius, 2018-1804, 2019 WL 3807979 (Fed. Cir. Aug. 14, 2019) Judge Shipp (D.N.J.) upheld the validity of several claims of Sanofi’s patent, but found several claims invalid. On appeal, the Federal Circuit vacated the obviousness holding — finding the invalidity ... Read More

Opinion from Supreme Court of New Hampshire means victory for financial bodies who were accused of “defamatory smear campaign” in attempt to destroy licensor  ... Read More

A subscription model to cover the application process may well be the best way to make increased expenditure on securing portfolio-enhancing rights more palatable ... Read More

Recent Headlines in the IP World: Erik Naso: Apple Challenges RED Over RAW Patent Legitimacy (Source: News Shooter) Mark Flather: Adamis Pharmaceuticals Strengthens Patent Portfolio for its U.S. Compounding Subsidiary (Source: Yahoo Finance) Kelly Davio: Canada Announces Reforms to Reduce Prices on Patented Drugs (Source: Biosimilars) Vikki Blake: This Microsoft patent hints at plans ... Read More

From the response of the German Federal Government to questions asked earlier by Parliament, it can be derived that Germany does not intend to ratify the UPC Agreement, until the consequences of Brexit are known. Response of the Federal Government (unofficial translation) The issue of the United Kingdom leaving ... Read More

The PlayStation maker is accused of infringing a US patent listing ‘pachinko king’ Kazuo Okada as inventor. Japan’s Universal Entertainment, which ousted Okada in 2017, could be poised to benefit ... Read More

By Michael Borella -- MyMail is the holder of U.S. Patent Nos. 8,275,863 and 9,021,070, both directed to "methods of modifying toolbars that are displayed on Internet-connected devices such as personal computers." MyMail initially asserted these patents against ooVoo and IAC Search & Media, Inc. in the Eastern District of ... Read More

Get ready for the new working week with a summary of all the stories posted on the IAM platform over the past seven days ... Read More

By David Hricik, Mercer Law School In Opinion 2019-3 (May 16, 2019), the Association of the Bar of the City of New York, gave guidance on an issue on which most state ethics rules leave lawyers hanging. Under Model Rule 4.4(b), and similar state rules including the USPTO rules, a ... Read More

The country’s filings in this vital area have skyrocketed over the past decade, but analysis shows that they lack quality and international cover ... Read More

Imagine you're a judge on the United States Court of Appeals for the Ninth Circuit, and from time to time you serve on the Motions Panel that changes every month. Motions to stay the enforcement of injunctions are the most critical ones to resolve, short of anything related to executions, ... Read More

by Dennis Crouch Anza Tech., Inc. v. Mushkin, Inc. (Fed. Cir. 2019). The district court dismissed Anza’s infringement lawsuit — finding it barred by the six-year statute of limitations on collecting back-damages.  The statute: Except as otherwise provided by law, no recovery shall be had for any infringement committed more ... Read More

Inventor David Hall is the CEO of Velodyne LiDAR and has put IP at the heart of the business. Litigation will be a test for how strong that model is ... Read More

Sisvel International S.A. v. Xiaomi Corporation, Xiaomi H.K. Limited and others, District Court The Hague, Interlocutory Proceedings, 1 August 2019, Case No. ECLI:NL:RBDHA:2019:7959 Standard Essential Patents. FRAND. Sisvel is the mother company of the Sisvel group. Sisvel manages IP rights, amongst which its own patents and patents of third parties ... Read More

MyMail, Ltd. v. ooVoo, LLC (Fed. Cir. 2019) In a split decision, the Federal Circuit has remanded this case — holding that the district court needs to construe the claims before adjuding patent eligibility. MyMail’s patents cover the method method of modifying toolbars on a (PC) computer display from ... Read More

A recent Delhi court decision is a reminder of the tight restrictions around species and follow-on patents in the country ... Read More

The IP director of China’s Telecommunications Development Industry Alliance argues that 5G technology must not fall victim to geopolitics and patent gamesmanship ... Read More

By James Korenchan -- In August 2018, Plaintiffs Ubisoft Entertainment, S.A. and Ubisoft, Inc. (collectively, "Ubisoft") sued Defendant Yousician Oy ("Oy"), alleging that Oy's software products infringed Ubisoft's U.S. Patent No. 9,839,852 (the '852 patent). In November 2018, Oy moved to dismiss on grounds that the claims of the patent ... Read More

by Dennis Crouch Nalpropion Pharmaceuticals, Inc. v. Actavis Laboratories FL, Inc. (Fed. Cir. 2019) It is always surprising to see the Federal Circuit reverse a non-obviousness holding; However, the most important aspect of this decision is likely the written description discussion.  This Hatch-Waxman litigation was triggered by the Abbreviated New ... Read More

DOAR and Techson spot opportunities in a highly fragmented market; with increasing complexity external advisers are only going to become more important   ... Read More

There are circumstances under which the model can definitely work, but these may not apply to all industries and might mean licensors having to modify their financial expectations ... Read More

Continental, the Avanci patent pool, and the Avanci members named as co-defendants (mostly Nokia and patent assertion entities that hold formerly Nokia-owned patents) yesterday filed a joint case management statement with Judge Lucy H. Koh's court in the Northern District of California (this post continues below the document):19-08-15 Joint Case ... Read More

In the year following India’s first-ever final judgment in a SEP case, courts are increasingly experimenting with the injunction regime as a way to protect patentees’ rights ... Read More

by Dennis Crouch Swagway v. ITC and Segway (Fed. Cir. 2019) (Swagway II Revised Opinion) The Federal Circuit previously released its opinion in this appeal that I discussed in an essay titled Who Needs Proof of Actual Confusion? Not a TM Plaintiff, Patentlyo-O (May 9, 2019) (Swagway I).  Now, the court has ... Read More

American Express, Nokia, Google, Nasdaq, Volkswagen, Novartis and Merck executives among the final speakers revealed for prestigious November conference in Washington DC ... Read More

Given the uncertainty surrounding the utility model patent application process in Taiwan, underlying patent rights can often be abused by patentees. To help utility model applicants, a new measure has been introduced, giving patentees that receive an unfavourable evaluation the chance to provide an additional explanation. ... Read More

Positioned as platforms for cooperative risk mitigation, patent pools have enjoyed mixed success - perhaps because there are so many of them ... Read More

In light of global trends placing 3D printing at the forefront of the so-called ‘4.0 industry’, companies involved in advanced manufacturing should consider expanding into and investing in the Brazilian market. New research suggests that there is an opportunity for businesses in Brazil to benefit from this technology without infringing ... Read More

Though innovators promise standard development organisations to license their SEPs on FRAND terms and conditions, there is a question over whether effective rates against which contracts are evaluated can enable reliable comparisons. Even if a licensor executes identical terms and conditions, can effective rates capture actual contract terms? ... Read More

By Kevin E. Noonan -- The Federal Circuit again reviewed a determination of infringement under the doctrine of equivalents, in this instance by the International Trade Commission (ITC), again finding that one of the Supreme Court's exceptions to the preclusive effects of prosecution history estoppel (the "tangential relationship" test) applied, ... Read More