Tag: Patent infringement
Navigating Patent Law: Trends in Decisions and Procedures
On June 17th, 2024, Island Intellectual Property LLC (“Island”) filed a Combined Petition for Rehearing and Rehearing En Banc in Island Intellectual Property LLC v. TD Ameritrade, Inc., Nos. 2023-1318, -1441. This case involves...
Federal Circuit Reverses District Court’s Indefiniteness Holding for Samsung Based on Prosecution History
The U.S. Court of Appeals for the Federal Circuit (CAFC) recently made a significant ruling in the case of Neonode v. Samsung Electronics, overturning the Western District of Texas district court's decision regarding the...
Revival of Induced Infringement Claims by Federal Circuit
The recent decision by the Federal Circuit regarding induced infringement claims has brought to light an important aspect of the Hatch-Waxman Act. This case involving Amarin and Hikma sheds light on the use of...
AI System Cannot Be Inventor in Tokyo Court Ruling
In a landmark decision on May 16, 2024, a Japanese court ruled that artificial intelligence (AI) systems cannot be considered inventors under the Patent Act. The case, known as Tokyo District Court Case R5...
Amazon Faces $122M Patent Infringement Verdict in Waco Federal Court
Amazon, the e-commerce giant, has been hit with a significant patent infringement verdict in a Waco federal court. The verdict requires Amazon to pay $122 million due to the infringement. This legal battle highlights...
Shifting Burden in Patent Litigation: Lessons Learned from PTAB Cases
In June 2024, Jones Day provided valuable insights on the shifting burden in patent litigation, specifically focusing on lessons learned from PTAB cases. The information shared should not be taken as legal advice for...
Chinese Antitrust Agency Warns Patent Pools: What You Need to Know
Recent developments in China's antitrust enforcement highlight the country's increased focus on standard essential patents (SEPs). The State Administration for Market Regulation (SAMR) recently issued a warning to Avanci, a patent pool, regarding potential...
Court Rules Pfizer, BioNTech Infringed Moderna’s Vaccine Patent
In a recent development in the world of patent disputes, Freshfields successfully represented Moderna in a case against BioNTech and Pfizer. The Düsseldorf regional court ruled in favor of Moderna, stating that BioNTech and...
Desmarais Team Secures $45M Award for IBM in Zynga Games Patent Dispute
Desmarais Team Wins Landmark $45 Million Verdict for IBM in Zynga Games Patent DisputeIn a groundbreaking legal victory, a Desmarais team has secured a $44.9 million award for IBM in a patent dispute against...
PTAB Rehearing Requests: No Need to Raise All Arguments
PTAB Rehearing Requests: Understanding the Importance of ArgumentsIn a recent case, the Federal Circuit upheld the PTAB’s decision regarding the validity of Voice Tech Corp.’s U.S. Patent No. 10,491,679, which focuses on technology for...
CAFC Upholds Validity of ‘First-Filed, First-Issued, Later Expiring Claim’
The U.S. Court of Appeals for the Federal Circuit (CAFC) recently made a significant ruling regarding patent law. The court decided that a “first-filed, first-issued, later-expiring claim cannot be invalidated by a later-filed, later-issued,...
Challenges of Big Tech Firms to NHK-Fintiv Framework: Lack of Notice-and-Comment Rulemaking
Big Tech companies like Apple and Google are facing challenges when it comes to the NHK-Fintiv framework for discretionary denials of inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB)....
Challenges by Big Tech Firms to NHK-Fintiv Framework: Lack of Notice-and-Comment Rulemaking
On August 5, several major tech companies, including Apple and Google, submitted a legal brief challenging the NHK–Fintiv rule established by the U.S. Patent and Trademark Office (USPTO) for discretionary denials of inter partes...
CAFC Affirms Dismissal of Storage Patent Infringement Case for Claims’ Failure Under 101
The U.S. Court of Appeals for the Federal Circuit (CAFC) recently upheld a California district court's decision to dismiss a patent infringement case against Blippar.com. The case involved Mobile Acuity's patents titled "Storing Information...
Skinny Labeling: Impact of GSK v. Teva on Regulatory Compliance and Generics Market
Congress enacted the Hatch-Waxman Act to strike a balance between promoting generic competition and encouraging pharmaceutical innovation. The Act requires innovators to disclose patents to the FDA for listing in the Orange Book, while...
CAFC Invalidates Data Transmission Patent Claim, Remands Substitute Claims for Review
Today, the U.S. Court of Appeals for the Federal Circuit (CAFC) made a decision in the case of ZyXEL Communications Corp. v. UNM Rainforest Innovations. The CAFC upheld the findings of obviousness made by...
USPTO Seeks Feedback on Experimental Use Exception | Key Insights
The United States Patent and Trademark Office (USPTO) recently issued a request for comments seeking public input on the current state of the common law experimental use exception to patent infringement. This request is...
Prosecution Laches: Impact on Continuations in Intellectual Property
Last week, the annual patent portfolio management program was held, focusing on the importance of continuations in growing and maintaining a patent portfolio for companies. While the topic of prosecution laches may seem mundane...
Mid-Year Recap: Prominent Patent Verdicts of 2021
As we approach the midpoint of 2024, it is worth reflecting on the significant patent verdicts that have captured the attention of the legal community. Over the past few years, there have been numerous...
The State of the Patent System: A Discussion with Representative Kevin Kiley and Eagle...
Revamping Patent Laws: Insights from Kevin Kiley and Eagle Forum PresidentA recent event hosted by the Eagle Forum Education & Legal Defense Fund shed light on the state of the patent system in the...
Amneal Removes Teva Patents from Orange Book with FTC HelpAmneal FTC Success: Teva Patents...
In a recent court ruling, the United States District Court for the District of New Jersey has determined that Teva's inhaler patents were incorrectly listed in the FDA's Orange Book. This decision supports Amneal's...
Federal Circuit Ruling: Blood Analyzer Trade Secret Misappropriation
The U.S. Court of Appeals for the Federal Circuit (CAFC) recently made a decision regarding a trade secret misappropriation case involving Alifax and Alcor Scientific. Alifax accused Alcor of misappropriating their trade secrets under...