News & Analysis as of

Patent Infringement Patent Litigation China

Woods Rogers

Attention, Small Business Owners: The ITC Could Help You Enforce Your IP

Woods Rogers on

The Federal Circuit's recent decision in Wuhan Healthgen Biotechnology Corp. v. U.S. International Trade Commission significantly alters the landscape for small companies seeking recourse against foreign infringers. The court...more

HaystackID

OpenAI Accuses DeepSeek of Unlawful Use of AI Models, Raising Ethical and Legal Concerns

HaystackID on

In a major development within the global artificial intelligence (AI) industry, OpenAI has lodged serious accusations against DeepSeek, a Chinese AI startup, alleging that the latter has illegally utilized its proprietary...more

Patterson Belknap Webb & Tyler LLP

Don’t Hit Send: Judge Rochon Denies Motion for Alternative Service via Email

On September 24, 2024, District Judge Jennifer L. Rochon (S.D.N.Y) denied Plaintiff Square One Choices, Inc. (“SOC”)’s Motion for Alternative Service because SOC failed to show that the Hague Convention permits service by...more

Quarles & Brady LLP

The Moving Target of “Complete Design Units” in Chinese Law

Quarles & Brady LLP on

As outlined in our previous post, partial design claiming in China continues to be a moving target, as variations in the interpretation of partial design claims persist among Chinese examiners. As of this writing, the Chinese...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - April 2024

WilmerHale on

This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

Wilson Sonsini Goodrich & Rosati

Newly Amended Chinese Implementing Rules for Patent Law and Guidelines for Patent Examination Bring Significant Changes to...

On December 21, 2023, more than three years after the amendments to the Patent Law in 2020 (2020 Patent Law), the Implementation Regulations of the Patent Law (Rules) and the Guidelines for Patent Examination (Guidelines)...more

Quarles & Brady LLP

The Moving Target of Partial Design Protection Under Chinese Law

Quarles & Brady LLP on

As outlined in our previous post, securing a partial design claim in China is akin to hitting a moving target, as the interpretation of partial design claims in China has varied among cases and examiners. Since the rule...more

WilmerHale

FRAND Quarterly: Navigating the Global SEP Landscape - January 2024

WilmerHale on

This marks the first issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed...more

Morrison & Foerster LLP

Fifth Circuit Weighs In on Transfer Factors In High-Tech IP Case

The Federal Circuit is charged with disposing of the mandamus petitions that regularly arise from decisions denying transfer under 28 U.S.C. § 1404(a) in Texas patent litigation. The Fifth Circuit, whose law the Federal...more

Kilpatrick

5 Key Takeaways | How to Effectively Leverage the Chinese Patent System

Kilpatrick on

Kilpatrick Townsend recently held its semi-annual KTIPS (Kilpatrick Townsend Intellectual Property Seminar) in California. Firm attorneys led two days of interactive discussions with clients on the latest developments in...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Shrinks Venue Loophole for Foreign Defendants

On January 9, in In re: Stingray IP Solutions, LLC, the Federal Circuit vacated a transfer order issued by the Eastern District of Texas, thereby limiting a foreign defendant’s ability to negate venue in one court simply by...more

Morgan Lewis

New Chinese Administrative Forum, CNIPA, Issues First Patent Infringement Decisions Against Generic Drug Makers

Morgan Lewis on

The China National Intellectual Property Administration, a newly established administrative authority on patent infringement disputes, recently issued its first decisions, addressing questions many companies had on the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 Design Patents Year in Review: Analysis and Trends

This year, we will mark the 10-year anniversary of the first jury verdict in the landmark IP litigation between Apple and Samsung, which resulted in the jury awarding more than $1B to Apple. More than $500M of that award was...more

Perkins Coie

China Courts Adopt Concurrent Partial Judgments and Preliminary Injunctions in New Model for Complex Copyright and Patent Civil...

Perkins Coie on

High complexity, long trial periods from filing the case to receiving the judgment, and high costs have long been considered drawbacks of filing civil patent and copyright infringement cases in China. These concerns have been...more

Perkins Coie

Three Changes to Pharmaceutical Patents in the PRC

Perkins Coie on

This update addresses three important changes to pharmaceutical patents in the People’s Republic of China (PRC) in view of the newly amended PRC Patent Law (the Law), which will take effect on June 1, 2021, and the recent...more

Akin Gump Strauss Hauer & Feld LLP

[Podcast] IP Disputes at the ITC: What You Need to Know

In this episode, Akin Gump intellectual property partners Cono Carrano and David Vondle discuss IP disputes at the U.S. International Trade Commission. Among the topics covered: - What is Section 337 and what does it mean...more

ArentFox Schiff

Global Patenting Trends: Rise of China

ArentFox Schiff on

China’s rise as an economic superpower has been driven by the rapid pace of technological innovation, as evidenced by the recent surge in Chinese patent filings, patent grants, and patent enforcement actions. In large part,...more

Hogan Lovells

Dutch court recognizes cross-border jurisdiction in patent infringement case against Chinese defendant

Hogan Lovells on

In March 2019, Chinese mobile phone manufacturer Xiaomi organized a mobile phone conference in the Netherlands, and it is expected that Xiaomi mobile phones will be listed on the Dutch market shortly after the summer of 2019....more

Mintz - Intellectual Property Viewpoints

Key Considerations for Global SEP Litigation - Part 2

The adoption of multiple, standardized technologies looms on the horizon. This presents the challenge of balancing innovator’s intellectual property rights with implementer’s desire for fair access to technology. As more...more

Hogan Lovells

Alternative to interlocutory injunctions? Shanghai IP Court innovates with a “partial judgment” on patent infringement

Hogan Lovells on

Earlier this year, the Shanghai IP Court (“Court”) handed down an interesting judgment in a patent infringement case between a French car parts manufacturer and three Chinese defendants (two Xiamen, Fujian Province based...more

Hogan Lovells

Standard Essential Patent Update – December 2018

Hogan Lovells on

Hogan Lovells’ Standard Essential Patent (SEP) Update reports on recent news and case decisions from jurisdictions including China, Germany, Japan, the United Kingdom, and the United States. ...more

Knobbe Martens

Maxchief Investments Limited v. Wok & Pan, Ind., Inc.

Knobbe Martens on

Federal Circuit Summary - Before Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Eastern District of Tennessee. Summary: In the context of a suit for a declaration of non-infringement and...more

Hogan Lovells

Standard Essential Patent Update – June 2018

Hogan Lovells on

16 April 2018 – Huawei’s jurisdictional challenge to Conversant Wireless’ patent infringement and FRAND determination proceedings has been dismissed by the High Court of England and Wales. ...more

Hogan Lovells

Huawei v. Samsung — A new benchmark for standard essential patent litigation in China?

Hogan Lovells on

China has become a new battlefield in the global patent war amongst tech giants in the telecom industry. On 4 January 2018, the Shenzhen Intermediate People’s Court (“Court“) rendered a landmark judgment in the Huawei v....more

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