China’s New IP Courts: Up to the Challenge?
As China has grown and developed it has drawn regular controversy over international intellectual property protection issues. The Office of the United States Trade Representative publishes a watch...
View ArticleChina's IP Challenges, Not Only an Issue for International Businesses
Every year numerous articles are written about intellectual property protection in China. Usually coverage is from the perspective of the damage done to foreign businesses who are having their IP...
View ArticleWhy IP Still Matters: A Scooter Story
It seems like they are everywhere, little two wheeled electric scooters. They get referred to as hoverboards, or Segways without sticks. No one really seems to know what to call them, or exactly where...
View ArticleTo IPR or not to IPR
The days of fight or settle are over for companies facing patent litigation. During the last several years, the US patent landscape has shifted dramatically, opening up an entire ecosystem of new...
View ArticlePatexia Chart 2: Patent Litigation Up 31% in Q2
This week, the Patexia Data Science Team analyzed the recent patent litigation data obtained from PACER (Public Access to Court Electronic Records) to understand any trends and identify any anomalies...
View ArticlePatexia Chart 5: Is PTAB Really the Patent Death Squad?
Since the America Invents Act (AIA) became effective on September 16, 2012, the Inter-Partes Review (IPR) has drawn significant attention. Additionally, discussion has focused on how the Patent Trial...
View Article"Triumph" book reexamines the case that launched 10,000 patent suits
Polaroid v. Kodak, concluded in 1991 after 15 years, was the first “billion dollar” patent damages award ($909 million). Until this year, it was the largest satisfied judgment in a patent case...
View ArticleIn Your IPR, Your Expert Declares … So That’s Evidence By Itself, Right? No,...
Inter partes reviews are the new hotbed of patent litigation. Filed at the U.S. Patent and Trademark Office, with the Patent Trial and Appeal Board, IPRs take down bad patents and eliminate them from...
View ArticlePatexia Chart 11: Most Litigated Technologies
Last week we published the result of our analysis of software patent suits since 2010, observing that such patent suits are on a rapid decline, post the Alice decision. This week, we’re expanding that...
View ArticleUCB v. Yeda R&D Co. – No “Safe Harbor” for Unamended Claims
UCB sued Yeda for a DJ of non-infringement of US Patent No. 6,090,923 [Appeal No. 2015-1957 (Fed. Cir. September 8, 2016)].The main claim in question was directed to “A monoclonal antibody which...
View ArticleUniversity of Minnesota Sues Gilead Sciences for Infringement of Hepatitis C...
On August 29, 2016, the Regents of the University of Minnesota (“the University”) filed suit against Gilead Sciences (“Gilead”) for patent infringement in the District Court for the District of...
View ArticleAlice Challenge Unsuccessful for Failure to Establish Representative Claim
Patent lawsuits often involve multiple patents and dozens of asserted patent claims. When asserting these claims lack patentable subject matter, it can be more convenient to describe the asserted...
View ArticleTC Heartland Looms Large Over Patent Litigation
Recalibration of Venue Could Change Face of Patent Litigation As most are well aware, the patent venue statute, 28 U.S.C. § 1400(b), provides that patent infringement actions “may be brought in the...
View ArticleLessons from the PTAB’s Recent Denial of a Request for Certificate of Correction
Written by Scott Raevsky and David T. Kim In a final written decision, the Board denied a patent owner’s request for a certificate of correction filed shortly after IPR institution in Douglas...
View ArticleOregon Bill Would Create Trespass Cause of Action for Landowners Against GMO...
Written by Rebecca L. Wright, Ph.D. and Eric Furman, Ph.D. In an ongoing set of disputes in Oregon between farmers and corporations that hold GMO patents, farmers may be given a new tool. Oregon House...
View ArticlePuma Treads New Territory Hitting Forever 21 with Copyright Allegations after...
Written by Loni Morrow and Jonathan Hyman Edited by Catherine Holland On March 31, 2017, Forever 21 was sued by Puma over its “Fenty” line of shoes. The “Fenty” label has become popular, in part, due...
View ArticleLack of Clarity for Reason for Denying Permanent Injunction Results in Remand
In Genband US LLC v. Metaswitch Networks Corp., [2017-1148] (July 1-, 2017), the Federal Circuit vacated the denial of a permanent injunction and remanded for reconsideration. The jury found U.S....
View ArticleDistrict Court Awards Attorney’s Fees after Holding That Plaintiff Had...
Written by Scott Forbes and Andrew Schwaab In Shipping and Transit, LLC v. Hall Enterprises, Inc., a district court recently held that a patent infringement case was “exceptional” under 35 U.S.C. §...
View ArticleClean Tech in Court: Green Patent Complaint Update
Several new green patent complaints were filed in May and June in the areas of advanced batteries, electroluminescence lighting technology, green cleaning solvents, and LEDs....
View ArticleEli Lilly Ordered to Pay German Drug Company $20 Million for Infringing Sales...
Written by Stephanie M. Johnson and Paul Stewart Edited by John Sganga, Joseph Cianfrani, and Boris Zelkind On July 18, 2017, after two years of litigation and a jury trial, a Texas federal court...
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