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Patents Third-Party

BakerHostetler

Federal Circuit Addresses Personal Jurisdiction and Amazon’s Patent Dispute Procedure: What to Know Going Forward

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On May 2, the United States Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion in SnapRays, d/b/a SnapPower v. Lighting Defense Group, discussing personal jurisdiction and – for the first time –...more

Goodwin

European Commission’s First-Ever Abuse of Dominance Probe for Shelving of a Novel Pipeline Therapy

Goodwin on

The European Commission (EC) has launched a formal investigation under its abuse of dominance rules into US life sciences company Zoetis in the area of novel veterinary medicines. The EC alleges that the discontinuation of a...more

Schwabe, Williamson & Wyatt PC

AI rise increases importance of IP audits

Having a clear view of your company’s patents, trademarks, copyrights and ‎trade secrets is a first step to protecting your intellectual property and ‎building a process to maximize new IP value.‎ It’s well known that a...more

Linda Liu & Partners

Third Party Observation in Patent Prosecution in China

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In practice, companies regularly search the competitors's related published patent applications to determine whether they pose a threat to their own market activities. If necessary, companies can consider using the third...more

Jones Day

Customer/Manufacturer Relationship Insufficient To Bar

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Recently, the PTAB held that Samsung Electronics Co. Ltd. (“Petitioner”), met its burden in showing that a third party (the “Third Party”) was neither a real party-in-interest (“RPI”) nor in privity with Petitioner....more

Procopio, Cory, Hargreaves & Savitch LLP

Managing 3rd Party IP and Freedom to Operate in Drug Development

When it comes to product development, the management of third-party intellectual property (IP) to ensure freedom to operate is of paramount importance. Drug development is no different. Imagine investing years of research,...more

Flaster Greenberg PC

Nimitz Patent Fight Offers Peek Behind NPE Liability Curtain

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This article originally ran in Law360 on February 10, 2023. All rights reserved.  Patent litigation brought by nonpracticing entities, or NPEs, has seen exponential growth. These cases are often filed against large retailers...more

Mintz Edge

Do You Have the Rights? How to Maintain Investor Confidence When Using Third-party Intellectual Property

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Imagine the following scenario: You, as the founder of a business, have spent the past three years building your company. You have been bootstrapping until now, but the company is at a crossroads and in order to grow the...more

BakerHostetler

Third-Party Complaints Must Shift Liability - Not Defeat It

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A party sued for patent infringement may seek to shift some or all of its liability through an indemnification claim. While a patent infringement defendant may seek to implead an indemnitor under Rule 14 of the Federal Rules...more

McDermott Will & Emery

Patent Venue Statute Doesn’t Apply to Third-Party Counterclaim Defendant; Acts in Furtherance of Partnership May Be Imputed to...

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The US Court of Appeals for the Federal Circuit affirmed a district court’s determination of proper venue, finding that the patent venue statute, 28 U.S.C. § 1400(b), does not apply to a third-party counterclaim defendant and...more

McDermott Will & Emery

Third-Party Licensing Information May Be Exception to General Right of Public Access to Court Records

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In a second appeal relating to sealing third-party licensing information, the US Court of Appeals for the Federal Circuit vacated and remanded a district court’s order denying a motion to seal because the district court...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court - February 2022 #2

Adapt Pharma Operations Limited v. Teva Pharmaceuticals USA, Inc., Appeal No. 2020-2106 (Fed. Cir. Feb. 10, 2022) - In our Case of the Week, the Court of Appeals for the Federal Circuit, in both the majority opinion and...more

Weintraub Tobin

You Can’t Manipulate Venue!

Weintraub Tobin on

How many of the lawyers out there liked hypotheticals in law school? I did not, but this case prompted me to write one! So, for those of you who enjoy hypotheticals, here it is: Company A, a North Carolina LLC, owns...more

Vinson & Elkins LLP

Western District Of Texas Sanctions Patent Infringement Defendant For Discovery Abuse And Misconduct

Vinson & Elkins LLP on

On April 6, 2021, the Western District of Texas ordered that preliminary injunction relief was appropriate to prevent irreparable harm to the plaintiff due to the defendant’s “discovery abuse and related misconduct.”...more

MoFo Life Sciences

COVID-19: State Intervention In Times Of Vaccine Shortages

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The European Union (“EU”) and its Member States are struggling with the pace of their vaccination programs. This is partly due to shortages of vaccine availability. Germany, like the rest of the EU, is scrambling to obtain...more

McDermott Will & Emery

IP Implications of the Consolidated Appropriations Act, 2021

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On December 27, 2020, Congress signed the Consolidated Appropriations Act, 2021, into law. The omnibus act includes new legislation affecting patent, copyright and trademark law. A brief summary of key provisions is provided...more

McDermott Will & Emery

Third Parties Not Responsible for Defective Motion to Seal

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit held that a district court did not abuse its discretion in denying reconsideration of a previous order denying a litigant’s defective motion to seal with regard to the...more

Holland & Knight LLP

Federal Circuit: Unrelated Patent's Citation to Asserted Patent Doesn't Suggest a Technical Solution

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Data Scape Limited sued Western Digital in the U.S. District Court for the Central District of California, alleging infringement of four patents that claim methods, systems and apparatuses for transferring music from one...more

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

The Goods on IP - September 2019: Amazon Seeks to Strike Balance Between Patent Owners and Merchants

It is no longer much of a secret that Amazon rolled out a pilot program for what it hopes will provide quick and cost-effective resolution of patent disputes for products sold on its website. The program is called the Amazon...more

Jones Day

Court Blocks Stay Request Absent Agreement to Estoppel for Third-Party IPRs

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The United States District Court for the Central District of California recently denied Defendant Adobe Systems Inc.’s motion to stay litigation pending resolution of parallel inter partes review (“IPR”) proceedings before...more

Robinson & Cole LLP

GC Survivor Kit - Beware of Third-Party Solicitation Notices

Robinson & Cole LLP on

If you own issued patents or trademark registrations in the United States, you are required to make certain filings with the U.S. Patent and Trademark Office (USPTO) to keep your patents and trademark registrations alive....more

Smart & Biggar

Abbott/Takeda permitted to plead that a third party’s patent would be infringed by alleged non-infringing alternative

Smart & Biggar on

On the eve of a section 8 trial, the Ontario Superior Court granted Abbott and Takeda leave to amend their pleadings to assert that Apotex’s purported non-infringing alternative (NIA) was unlawful as it would have infringed a...more

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

Global Patent Prosecution Newsletter - September 2018: Third Party Observations in Europe, China, Japan, and for the PCT - To File...

Both the European Patent Office (EPO) and the Japanese Patent Office (JPO) accept a third party observation regarding validity of a patent application. In February 2012, it was announced that third party observations could be...more

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

Global Patent Prosecution Newsletter - September 2018: Third Party Submissions in the U.S.: What You Need to Know

The America Invents Act provides an expanded process for a third party to submit prior art to the examiner concerning any U.S. patent application. The new process is aimed to encourage the public to submit relevant art as a...more

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

Global Patent Prosecution Newsletter - September 2018

A Survey of Third Party Observation Systems - Third party observations can be a cost-effective way of introducing prior art or arguments related to patentability of a published patent application. The September 2018 issue...more

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