Posts Tagged: infringement


When Post-Filing Evidence to Determine Written Description Support Is Admissible: Amgen v. Sanofi

May a court rely on post-priority-date evidence offered to show that a patent lacks written description support even though written description is judged based on the state …

PTAB Errors Fatal to Hundreds of Legitimate Patents

There have been 220 patents upheld as valid in real courts and also subject to a final written decision in the PTAB. The PTAB only agreed with the …

CAFC sides with Sandoz, Amgen’s state claims preempted by BPCIA

Originally filed in October 2014, the long-running and high-stakes battle between two powerhouse companies, Amgen and Sandoz, continues to lay out the ground rules for a growing biosimilar …
By Aubrey Haddach
21 days ago 1

Packet Intelligence patents see different infringement outcomes in separate Eastern Texas cases

A jury verdict recently entered in a patent infringement case in the Eastern District of Texas held that plaintiff Packet Intelligence, a patent owning entity headquartered in …
By Steve Brachmann
1 month ago 0

Disney Slams Characters for Hire for Tarnishing the Disney Image

One of the interesting theories posed by the case is Character for Hire’s claimed right to use Disney characters, which derive from Norse mythology or centuries-old …
By Amanda G. Ciccatelli
1 month ago 1

Philips, ZOLL closing in on a settlement of patent litigation over defibrillator technologies

On November 28 the parties requested an extension of the temporary stay, explaining: "The parties are still actively engaged in settlement discussions but require additional time to potentially …
By Steve Brachmann & Gene Quinn
1 month ago 0

ITC opens 337 investigation for potential patent infringement by Apple screen sharing technology

The U.S. International Trade Commission (ITC) announced that it was investigating potential patent infringement committed by Cupertino, CA-based consumer tech giant Apple Inc. (NASDAQ:AAPL)... Aqua …
By Steve Brachmann
2 months ago 0

Federal Circuit Finds TC Heartland Changed Controlling Law, Can Be Applied Retroactively

Arguing against Micron’s motion to dismiss, Harvard contended that TC Heartland only affirmed a previous precedent set by SCOTUS and that the improper venue challenge was …
By Steve Brachmann
2 months ago 3

Government and 3D Printing: A New Line of Innovation to Protect

For the last 20 years, manufacturers have used 3D printing to build prototypes, but it was only recently that this industrial technology entered the mainstream.  The 3D printing …
By Amanda G. Ciccatelli
2 months ago 0

Daimler trademark lawsuit alleges that Amazon.com doesn’t do enough to prevent infringement and counterfeits

At issue in the trademark infringement suit is Amazon’s sale of counterfeit wheel center caps bearing distinctive Mercedes-Benz trademarks... Daimler argues that Amazon “facilitates the sale …
By Steve Brachmann
2 months ago 1

PTAB invalidates targeted advertising patents, preserving billions in Google ad revenue

It is no secret that the fortunes of Mountain View, CA-based tech conglomerate Alphabet Inc. are largely based upon the advertising revenues accrued through its subsidiary Google …
By Steve Brachmann & Gene Quinn
2 months ago 12

ITC institutes 337 investigation into allegations of patent infringement by Schick Hydro

The U.S. International Trade Commission (ITC) announced that it had decided to open a Section 337 investigation over allegations of potential patent infringement in the consumer hygiene …
By Steve Brachmann
2 months ago 0

All patent infringement is willful patent infringement

The reality created by eBay in light of the AIPA is simple: If you scrape an invention off the USPTO website and massively commercialize it, you get …
By Paul Morinville & Gene Quinn
3 months ago 34

Facebook drops efficient infringement clause from its React software license

In late September, an official blog post published by Menlo Park, CA-based social media giant Facebook (NASDAQ:FB) and penned by Adam Wolff, the company’s engineering …
By Steve Brachmann
3 months ago 0

Characters for Hire cite to Naked Cowboy in fighting Disney’s claims of copyright, trademark infringement

Characters for Hire also argued that the trademark infringement claims lacked the essential element of confusion. Citing to Naked Cowboy v. CBS, a case decided in Southern …
By Steve Brachmann
3 months ago 5