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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...

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China'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...

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Why 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...

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To 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...

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Patexia 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...

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Patexia 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...

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"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...

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In 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...

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Patexia 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...

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UCB 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...

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University 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...

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Alice 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...

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TC 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...

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Lessons 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...

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Oregon 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...

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Puma 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...

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Lack 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....

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District 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. §...

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Clean 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....

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Eli 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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