IP News – September 18th
Packet Seeks Full Federal Review of Panel Ruling
An en banc request for rehearing has been made to the Court of Appeals for the Federal Circuit (CAFC) by Packet Intelligence, LLC. The rehearing request is for a ruling by a panel of judges of the CAFC that reversed a pre-suit damages award in a patent infringement lawsuit against NetScout Systems, Inc.
‘Invent Together’ Coalition Formed to Improve Inventor Diversity
The launch of a new initiative was announced by a coalition of universities, corporations, non-profits and think tanks. The initiative, known as the ‘Invent Together’, aims at driving public policies and private sector initiatives to ensure diversity among innovators and promote inclusivity in the patent processes.
Google Fails to Convince the PTAB About Patent Invalidity
The Patent Trial and Appeals Board (PTAB) has rejected a patent validity challenge claim asserted by Alphabet Inc.’s Google LLC. Google made the invalidity claim for part of a patent owned by IPA Technologies Inc., in response to a patent infringement allegation by the latter. The PTAB upheld parts of a patent of IPA that relate to software based communication architecture. Google’s argument stated that the patent claims were invalid on the basis of prior publications and inventions. The patent infringement lawsuit for the patent in question is filed with the US District Court for the District of Delaware.
Philips Goes All Out with Patent Infringement Lawsuit Against Computer Giants
A patent infringement lawsuit has been filed against Dell Technologies Inc., Lenovo Group Ltd., HP Inc., and Intel Corp., with the US District Court for the District of Delaware. The plaintiff Koninklijke Philips NV filed the lawsuit claiming infringement of four of their patents used in digital video capable devices relating to ‘locality check’ for authenticating streaming content, by the defendants.
Bristol-Myers Strikes a Deal with Dr. Reddy’s
Bristol-Myers Squibb Company has decided to call truce in their patent infringement battle against Dr. Reddy’s Laboratories by signing a volume-limited deal allowing the latter to produce generic version of Bristol-Myers’ blockbuster multiple myeloma drug Revlimid. The licensing deal lasts until March 2022 after which another deal between Bristol-Myers and generic drug maker Natco Pharma begins.
DigiMedia Accuses Elite of Patent Infringement
Elite Brands Inc. has been accused of infringing on four of DigiMedia Tech LLC’s patents relating to digital camera technology. The plaintiff has filed a patent infringement lawsuit against the defendant with the US District Court for the Southern District of New York. DigiMedia seeks jury trial, declaratory judgement, damages and an award of costs and fees.
Helium Joins Hands with CareBand to Provide Wireless Connectivity
A partnership between Helium and CareBand Inc. was announced by the former to offer their wireless connectivity solutions to the latter. The solutions will be offered by The People’s Network, a wireless network started by Helium. The deal adds value to CareBand’s patent-pending wearables, web and mobile software and machine learning technology that helps in saving lives and improving healthcare results. The partnership will work towards keeping dementia affected seniors safe and for a safe reopening of organizations in times of COVID-19.
Read More at: https://www.webwire.com/ViewPressRel.asp?aId=264130
Kinestral Joins the Siemens Network
It has been announced that Kinestral Technologies, Inc. will be joining the Siemens Connect Ecosystem. The Siemens network brings together experts from across various fields of work in technological and intelligences arenas. Kinestral’s Halio, smart tinting glass, a part of its patent portfolio will be integrated with Siemen’s building management system as part of the agreement.
Biogen Gets Favourable Decision from 9th Circuit in Anti-trust Lawsuit
The US Court of Appeals for the Ninth Circuit (9th Cir.) upheld a ruling of a lower court dismissing anti-trust allegations by Ixchel Pharma LLC against Biogen Inc. Ixchel had argued that Biogen illegally undermined its development of a neuromuscular diseases treatment as a result of signing an anti-competitive deal with a competitor. The 9th Cir. affirmed the lower court’s ruling that there was no tortious interference in the contract signed by Biogen.
Raziel Announces Licensing Agreement with Fosun Pharma for Chinese Market
Raziel Therapeutics has announced a licensing deal with Shanghai Fosun Pharmaceutical Group Co., Ltd. (Fosun Pharma) for the former’s RZL-012, an injectable drug product used in treatment of moderate to significant submental fullness, commonly known as double-chin. The deal is signed for milestone payments of up to $74 million from Fosun and provides it with exclusive rights to develop and commercialize Raziel’s product in the China market.
IP News – September 17th
Deferred Fee Patent Application Pilot Program for COVID-19 Inventions Announced by USPTO
A pilot program for deferred patent application fee has been announced by the US Patent and Trademarks Office (USPTO) for inventions that help in combatting the COVID-19 disease. As per the terms of the program, in order to qualify, it is important for the subject matter in the provisions application must concern a product of process relating to COVID-19 and must also require a Food and Drug Administration (FDA) approval for COVID-19 use. The applications for the program will be accepted for 12 months starting September 17th, 2020.
WIPO Conference on Global Digital Content Market Opened
The “WIPO Conference on the Global Digital Content Market” was opened with an address by the Director General of the World Intellectual Property Organization (WIPO), Francis Gurry and Colombian President Ivan Duque. The leaders each highlighted the importance of government support for the creative industries. They elaborated that the creative industries hit by the COVID-19 impact should be supported for them to bounce back.
Campinos and Iancu Agree on Persisting COVID-19 Induced Changes
The plenary session of the IPBC Connect had the Director of the US Patent and Trademark Office (USPTO), Andrei Iancu and the President of the European Patent Office (EPO), Antonio Campinos address the attendees. The leaders stated in their address that the COVID induced new way of life is here to stay and that there is no going back. They also warned about decreased user engagement which is caused by the COVID-19 pandemic.
Judge Exasperated with Serenity Ferring Case, Rejects Appeal for Reconsideration
The Judge at the US District Court for the Southern District of New York has rejected Serenity Pharmaceutical LLC’s appeal to amend an opinion in which ruled invalidity for their patents relating to night-time urination treatment. The trial was being held through Zoom meetings over a period of three weeks. At the end of the trial, the presiding judge stated that she was exasperated with Serenity’s attempt to take Ferring Pharmaceutical’s work for their own overly broad and generic patents.
Biogen’s Patent on Tecfidera Dosing Regimen Deemed Invalid
Multiple Sclerosis drug Tecfidera maker Biogen Inc. has had to face defeat in a patent infringement lawsuit that it filed against Amneal Pharmaceuticals, Inc. The lawsuit was filed by Biogen in the US District Court for the District of Delaware and alleged infringement of their patent protected drug by Amneal through a generic drug. Biogen’s patent was invalidated based on an earlier ruling of patent invalidation by a West Virginia District Court judge.
D3D Accuses Microsoft of Wilful Infringement
D3D Technologies Inc. has alleged wilful infringement by Microsoft Corporation of four patents with the sale of their HoloLens products. The plaintiff has filed a case of patent infringement with the US District Court for the Middle District of Florida. D3D claims that they have informed of the patents before Microsoft started sale of the HoloLens.
Uber Taken to Court for Alleged Patent Infringement
Ikorongo Texas LLC, owner of patents relating to location aware devices and applications, has alleged patent infringement by Uber Technologies, Inc. The patent infringement lawsuit has been filed with the US District Court for the Western District of Texas. Plaintiff seeks declaratory judgement in their favour, award of damages, an award of costs & fees and pre and post judgement interest along with other relief.
Sarepta Slapped with Patent Infringement Lawsuit
It has been alleged by RegenxBio Inc. and the University of Pennsylvania (Penn) that Sarepta Therapeutics, Inc. has infringed on their patent. The patent infringement lawsuit against Sarepta has been filed with the US District Court for the District of Delaware. The patent in suit relate to the use of a cultured host cell technology in making medical treatments. The plaintiffs seek a reasonable royalty along with a cash compensation for the infringement along with an injunction on the infringing therapy until the patent expires.
Todos Medical Signs Licensing Agreement with Care GB
Todos Medical Ltd. has announced the expansion of its partnership with Care G.B. Plus (Care GB) for the development and commercialization of its proprietary cancer test platform, TBIA cancer diagnostic platform to include Europe, Israel and Africa. Before the expansionthe test platform was developed and commercialized only in the Israel region.
Senate IP Asks USPTO to Start Recognition Program for Innovators
Senator Thom Tillis has written a letter to the US Patent and Trademarks Office (USPTO) on behalf of the Senate Judiciary Committee’s Subcommittee on Intellectual Property. The senator in his letter urges the USPTO to launch a pilot program to patent owners and applicants for submitting accurate scientific data and assignment information. The suggestion by Senator Tillis comes after deliberation with former agency leaders and academics to improve the patent system’s efficiency and transparency. The senator also added that launching such a program will not cost taxpayers’ money and will only minimally add administrative cost.
Read More at: https://www.law360.com/ip/articles/1310768
Natera Responds to Illumina’s Assertion of Patent Invalidity
Natera Inc. has denied allegations by Illumina Inc. that the former’s patent relating to fetal DNA testing technology for detecting Down Syndrome is invalid on the basis of prior art. Natera also asserted that Illumina raised an argument, in the remote hearing before the Patent Trial and Appeals Board (PTAB), which was not in its petition.
Amazon Fails to Prove Patent Invalidity but It’s Not Over Yet
The US District Court for the District of Delaware has rejected claims by Amazon.com Inc. that patents owned by VB Assets Inc. are invalid. The patents in question were allegedly infringed upon by Amazon with its Alexa technology. While Amazon has failed to prove their claim at the dismissal stage, the judge has expressed that four of the total six patents may be proven invalid at a later stage in the proceedings.
Fortress Asserts Apple Intel Anti-Trust Suit Should be Nixed
Fortress Investment Group LLC argued in its defence that the new complaint alleged by Apple Inc. and Intel Corporation has even more flaws than the previous one. The anti-trust complaint filed by the tech giants alleges the orchestration of anti-competitive patent aggregation scheme by Fortress. Defendant alleges that the complaint lacks nearly every core attribute that is needed to build an anti-trust case.
Alcon Defends its Travoprost Patent from Invalidity
Alcon Research LLC, a Novartis AG spinoff is defending its patent for glaucoma treatment drug Travoprost, the validity for which was challenged in court by Aspire Pharma Ltd. The patent validity challenge was claimed as a result of a patent infringement lawsuit that Alcon had filed against generic drug makers for allegedly infringing on its patents.
Read More at: https://www.law360.com/articles/1307702
Eli Lilly Gets a Win in Patent Infringement Battle Against Fresenius
The Paris Court of First Instance handed its ruling in favour of Eli Lilly and Company in a patent infringement lawsuit that the plaintiff filed against Fresenius Kabi. The lawsuit was filed by Eli Lilly alleging infringement of their patent for oncology drug Alimta, by Fresenius with their generic version of the drug. The court ruling orders Fresenius to pay Eli Lilly damages of EUR 28 million along with an injunction on the infringing product.
IP News – September 16th
Ericsson’s Appeal for En Banc Review Rejected
A panel ruling of the Court of Appeals for the Federal Circuit (CAFC) invalidating Telefonaktiebolaget L M Ericsson (Ericsson)’s $110 million win was appealed against by the company. Ericsson requested an en banc review of the panel ruling. However, the CAFC rejected the appeal for a full Federal hearing of the case. Ericsson’s argument for the case is that the panel did not have the power to rule the patent. The case relates to a patent battle between Ericsson and TCL Technology.
CAFC Allows Transfer of Case Overriding Texas Judge’s Denial
A patent case against HP Inc. has been transferred by the Court of Appeals for the Federal Circuit (CAFC) to the US District Court for the Northern District of California. The transfer order for the case was released by the CAFC after HP and their co-defendants filed a petition for mandamus against a rejection from the US District Court for the Eastern District of Texas for transfer of the case. The case is an infringement lawsuit filed by Largan Precision Co., Ltd. against HP and two others.
Dana-Farber Requests Federal Circuit to Retain Decision in Inventorship Case
The Dana-Farber Cancer Institute has appealed to the full session at the Court of Appeals for the Federal Circuit (CAFC) to not reconsider a panel ruling relating to awarding inventorship to two of their scientists. The patents for which the co-inventorship relates to a protein that helped develop a new cancer treatment. The patents originally listed Japanese researchers as the only inventors, which was challenged by Dana-Farber and the ruling for the case was given by a Federal Circuit panel in favour of the plaintiff.
Omega and Firstech in Patent Battle Over Vehicle Remote Start System
A case of patent infringement has been filed by Omega Patents, LLC against Firstech, LLC. The infringement lawsuit is filed with the US District Court for the Western District of Washington and relates to patents for multi-vehicle compatible remote start and security systems with defendant’s Dronemobile Modules. The plaintiff seeks injunctive relief, award for damages, costs, and fees.
EPO’s Copaxone Ruling Opens Up Window of Opportunity for Mylan & Synthon
The Technical Board of Appeal of the European Patent Office (EPO) ruled that a patent belonging to Yeda Research and Development Company Ltd. is invalid. The patent that was ruled invalid was related to Teva Pharmaceutical Industries Ltd.’s relapsingmultiple sclerosis drug Copaxone. The board’s ruling has helped Mylan N. V. and development partner Synthon to enter the European market and accelerate commercialization of their therapeutically equivalent version of Copaxone.
SCOTUS Appealed to Review Federal Reserve Bank Patent Decision
Bozeman Financial LLC has filed an appeal with the Supreme Court of US (SCOTUS) against the decision of the Court of Appeals for the Federal Circuit (CAFC) ruling that Federal Reserve Banks can request the Patent Trial and Appeals Board (PTAB) for a review of patents that they challenge. Bozeman’s argument against the CAFC ruling is that since the banks are part of the Federal government, they cannot challenge patents at the PTAB.
ERS Genomics and Applied StemCell Sign Commercialization Deal for CRISPR Services & Reagents
ERS Genomics Limited has announced that it entered into a licensing deal with Applied StemCell Inc. to provide the former’s CRISPR gene editing services and reagents, which will be commercialized by Applied StemCell.
Permanent Injunction Ordered against Philips Electronics and Feit Lighting Products
Seoul Semiconductor Co., Ltd. obtained a permanent injunction on The Factory Depot Advantages, Inc. for selling Philips Electronics and Feit Electric Company Ltd. products. The injunction order was given as a result of a patent infringement suit filed by Seoul Semiconductor with the US District Court for the Central District of California.
Strides Pharma to Invest in SteriScience
Strides Pharma Science Limited has decided to invest in SteriScience Pharma Pvt. Ltd. As per the terms of the agreement, Strides Pharma will invest money in the development of the portfolio of SteriScience and add value to their business of global sterile injectable products. The value of the deal is Rs. 135 crores, which will be invested over the next 2 years.
IP News – September 15th
The National Council for Expanding American Innovation Launched by USPTO
An initiative to expand invention, innovation and entrepreneurship in America has been launched by the US Patent and Trademarks Office (USPTO).The initiative National Council for Expanding American Innovation (NCEAI) will be a platform to develop a national strategy for encouraging participation of underrepresented groups as inventor-patentees, entrepreneurs and innovation leaders.
Zoom Platform to be Tested by EPO for Oral Proceedings
Following suggestion from user associations, the European Patent Office (EPO) will test the Zoom platform for oral proceedings. Proceedings involving multiple opponents and/or simultaneous interpretation will be held on Zoom as opposed to the proceedings being held by videoconferencing (VICO). The change is also expected to speed up processes and will help in concluding more cases.
Read More at: https://www.epo.org/news-events/news/2020/20200914.html
UPC Prep Committee Meeting Held After More Than Three Years
The Unitary Patent Court (UPC) meet was held for the first time in three years after March 2017. The main agendas of the meeting revolved around UK’s exit and Germany’s ratification. The UPC also discussed about being confident of the Unitary patent system being functional in the near future. The meeting took place digitally.
DOJ Anti-trust Chief Recommends Standards Setting Body to Consider Changes in SEP Licensing Policy
A letter was sent by the Department of Justice’s (DOJ’s) Anti-trust Division to the Institute of Electrical Electronics Engineers, Incorporated (IEEE). The letter revolves around the views of the DOJ on the licensing and enforcement practices relating to the standard essential patents (SEP). The letter supports SEP owners that are in pursuit of injunctive relief when they need to assert their SEPs especially if there is hold-out from an unwilling licensee.
Conversant’s Germany Win Will Not Help in China
As per the ruling of the Supreme People’s Court of the People’s Republic of China, Conversant Intellectual Property Management Inc.’s win at the Germany court in the Huawei Technologies Co., Ltd. case will not be applicable in the country. This is the country’s first ever anti-suit injunction and was handed immediately after the ruling in favour of Conversant in the German Dusseldorf Regional Court.
Ant Group Gains Patent Power After Major Acquisition
The Alipay operator Ant Group has obtained numerous US patent assets from the Alibaba Group Holding Limited. The acquisition of the patent assets makes the Ant Group a strong patent power since it has inherited up to one fourth of the e-commerce giant Alibaba’s patent portfolio for the US region.
WhitServe Seeks Justice From SCOTUS
WhitServe LLC has filed a writ of certiorari with the Supreme Court of the US (SCOTUS) to reconsider the ruling of the Court of Appeals for the Federal Circuit (CAFC) that deemed two of its patents invalid. WhitServe argued that the Federal court was too quick to invalidate the patents. The case involves Donuts Inc., Name.com Inc. and Enom LLC who challenged patents owned by WhitServe relating to sending reminders to clients over the phone.
PTAB will Review Claims Challenged by Intuitive Surgical
The Patent Trial and Appeals Board (PTAB) has accepted a petition for an inter partes review filed by Intuitive Surgical Inc. against patents owned by P Tech LLC. The patents in suit relate to the process for securing body tissue with robotic mechanism. Intuitive argues that the patents should be deemed invalid on the basis of obviousness due to prior art.
USPTO Director’s Remarks at NCEAI Inaugural Meet
Andrei Iancu, the Director of the US Patent and Trademark Office (USPTO) gave an address at the inaugural meet for the launch of its National Council for Expanding American Innovation (NCEAI) meet. Iancu touched upon subjects such as the importance of the intellectual property rights and the need to encourage more women innovators. The director also stressed on the relation between developing intellectual property for companies and how it benefits them as well as the country economically.
Sun Pharma Accused of Patent Infringement by Orexo
Orexo AB has filed a patent infringement lawsuit against Sun Pharmaceutical Industries Ltd., accusing them of infringement by selling generic versions of Orexo’s ZUBSOLV. Orexo owns the patents to the drug which do not expire until December 2027 to September 2032. Since the litigation has been filed; an automatic stay of 30 days on the FDA proceedings for Sun Pharma’s generic drug has been applied. The plaintiff seeks increased legal expenses related to the process of litigation from the defendant.
Pascal SõRSE Partner for Drug Development & Cancer Clinical Trials
A collaborative research agreement has been signed between Pascal Biosciences Inc. and SõRSE Technology Corporation. The two parties will work on the development of drug along with clinical trials for cancer treatment using their respective technologies to test the cannabinoid PAS-393 in humans. Pascal’s cannabinoid is protected by intellectual property rights and will be used as per the terms of the research agreement.
Arm Co-founder Unhappy with Nvidia Deal
The co-founder of Arm Holdings, Hermann Hauser has urged the UK Prime Minister in a letter to block the Arm-Nvidia deal. His argument for blocking the deal is that the company’s independent model will be affected and its customers across the world will be compelled to contend with the strict trade laws of US. He also states that the UK-based employees stand to lose their jobs as a result of the deal. Hauser also thinks that with the growing tensions between US and China, UK will become collateral damage in the trade war if it lets go of the Arm business.
Read More at: https://www.businessinsider.in/tech/news/the-cofounder-of-arm-is-trying-to-block-the-chip-design-firms-40-billion-sale-to-nvidia-saying-it-would-destroy-its-business-model-while-making-the-uk-collateral-damage-in-us-china-tensions/articleshow/78116156.cms
Kiadis and Abigail Wexner Collaborate for COVID-19 Therapy Clinical Trials
A collaboration between Kiadis Pharma and Abigail Wexner Research Institute (AWRI) has been announced for COVID-19 therapy clinical trials. The study will be carried out at the Nationwide Children’s Hospital to developKiadis-NK (natural killer) cells as a post-exposure pre-emptive therapy for COVID-19. AWRI’s investigational new drug application (IND) as well as Kiadis’ natural killer cells have an approval from the US Food and Drug Administration (FDA).
Sorrento Joins Hands with Mayo Clinic for ADNIC Platform
An exclusive license agreement has been signed between Sorrento Therapeutics Inc. and Mayo Clinic involving a technology platform for generating diverse range of stable antibody-drug-nanoparticle albumin bound immune complexes (ADNIC). The platform is capable of targeting many types of human diseases that include solid and liquid tumours as well. With the deal, Sorrento aims at developing innovative medicines that are lifesaving and can serve the unmet medical needs.
Read More at: https://www.globenewswire.com/news-release/2020/09/14/2092777/0/en/Sorrento-Secures-Exclusive-License-From-Mayo-Clinic-for-Antibody-Drug-Nanoparticle-Albumin-Bound-Immune-Complex-ADNIC-Platform.html
Jubilant Signs up Saptagir for Exclusive Manufacture Deal
An exclusive manufacturing deal has been signed by Jubilant Generics Ltd. with Saptagir Laboratories Pvt. Ltd. to manufacture intermediates and Active Pharmaceutical Ingredient for Remdesivir, which is used in the treatment of COVID-19. The drug originally developed by Gilead Sciences Inc. was licensed to Jubilant Life Sciences Limited for distribution that further joined hands with Saptagir through its subsidiary Jubilant Generics.
IP News – September 14th
CAFC Sides with The PTAB Ruling against Garmin
A patent invalidity challenge asserted by Garmin International Inc. that was rejected by the Patent Trial and Appeals Board (PTAB) has also been rejected by the Court of Appeals for the Federal Circuit (CAFC). The validity challenge was presented by Garmin against a patent owned by Logantree LP relating to wearable motion tracker. Garmin’s argument stated that parts of the patent were invalid based on two prior patents with similar technology.
Oracle Accused of Patent Infringement by Norsync Tech
Oracle Corporation has been accused of patent infringement by Norsync Technology AS asserting the infringement of a patent relating to method for database constraint enforcement. The infringement lawsuit has been filed with the US District Court for the Northern District of Ohio. Plaintiff seeks an order of injunction, award of damages and other relief.
LG, Realtek and Samsung Dragged to Court Over Patent Infringement Allegations
DivX, LLC has filed a case of patent infringement against, Realtek Semiconductor Corp., LG Electronics and Samsung Electronics. The plaintiff alleges infringement of patents relating to video streaming technology by the defendants directly, indirectly and contributorily. A declaratory judgement, an award of damages and other relief are anticipated by the plaintiff.
Intel to be Allowed to Request Review of Patents During Ongoing Lawsuit
In response to a patent validity challenge by Intel Corp., patent owner PACT XPP Schweiz AG argued that Intel cannot ask for a review of the patents as the validity case was filed with a District court earlier. However, the argument by PACT has been rejected by the Patent Trial and Appeals Board (PTAB). It was ruled that the lawsuit that was filed by Intel earlier was to seek non-infringement while PACT argued that the language of the request challenged validity of the patent.
University of California’s Invention Claim Rejected by PTAB
Initial claims by University of California (UC) and its partners the University of Vienna and scientist Emmanuelle Charpentier (collectively known as CVC), of inventing the use of CRISPR genome editing in eukaryotic cells, has been rejected by the Patent Trial and Appeals Board (PTAB). The PTAB ruling is a positive turn in favour of Broad Institute of Cambridge, Massachusetts, who is the second party in the patent infringement battle.
PTAB to Go Ahead with Review Despite Protest from Packet Intelligence
The Patent Trial and Appeals Board (PTAB) has decided to go ahead with an inter partes review for four patents belonging to Packet Intelligence LLC. While Packet has request the PTAB to keep the reviews on hold in view of two pending trials, the PTAB has rejected the appeal. The PTAB stated that the reviews will be carried out because the trial proceedings in court are likely to be delayed due to the COVID-19 pandemic. The lawsuits in question are against Palo Alto Networks Inc. and Juniper Networks Inc. for patents relating to computer network traffic processing and monitoring.
Anti-trust Claims by Continental Against Avanci Rejected by a Texas Court
An antitrust claim filed by Continental AG against Avanci LLC has been rejected by the US District Court for the Northern District of Texas. Continental is the manufacturer of control units supplied to Daimler AG and Avanci is the patent licensing pool formed by Qualcomm, Nokia Oyj, Sharp Corp and others. The District court ruling was based on the Court of Appeals for the Federal Circuit (CAFC) ruling that rejected US International Trade Commission’s (ITC’s) appeal against Qualcomm’s licensing practices.
Nvidia to Purchase Chip Designer Arm from SoftBank
Nvidia Corp. is all set to purchase Arm Holdings Plc from SoftBank Group Corp. The UK-based Chip designer company will cost Nvidia $40 billion. The CEO of Nvidia said they will retain the neutral licensing model of Arm and expand it by licensing out Nvidia’s intellectual property.
Abeona and Taysha Partner to Advance ABO-202
A development agreement has been filed between Abeona Therapeutics, Inc., and Taysha Gene Therapies for the development of potential treatment of Batten disease in infants using ABO-202, an investigative gene therapy. As per the terms of the agreement, Taysha is set to get exclusive rights for the intellectual property developed by researchers at the University of North Carolina (UNC) at Chapel Hill and Abeona. Abeona will receive an initial payment of $7 million with a possibility of future payments if milestones are met.
Pavo Solutions Seeks Triple Patent Infringement Damages
Pavo Solutions Pte Ltd. has alleged that Kingston Technology Corporation has shown total disregard for the intellectual property law and turned the IP system into its ‘doorman’ which is why the patent infringement damages that it is liable to pay should be tripled. The damages levied currently stand at $7.5 million as ruled by the US District Court for the Central District of California.
Intrado Acquires Syn-Apps
It has been announced by Intrado Corporation that they are acquiring all assets of Syn-Apps LLC, a pioneer in IoT and mass notification software. With the help of this partnership, Intrado is set to build a 911 platform for public safety and Syn-Apps technology will help in accelerating the initiative.
IP News – September 11th
Apple Disallowed Review against Unwired by PTAB
Apple Inc. tried again to assert patent invalidity for claims owned by Unwired Planet International Ltd. The appeal by Apple was made to the Patent Trial and Appeals Board (PTAB) stating that the claims were invalid based on prior art. However, PTAB refused to review the patent in question. The review appeal follows a lawsuit that Apple lost previously which had resulted in the company having to pay $506 million in damages to Unwired after a jury verdict.
Xactware’s Attempt to File Patent Infringement Lawsuit against EagleView Foiled
The US District Court for the District of New Jersey has declined Xactware Solution Inc.’s bid to file a fresh patent infringement suit against EagleView Technologies Inc. In a previous patent suit, EagleView was able to secure a win with an award of $125 million from Xactware. A subsidiary of Verisk Analytics Inc., Xactware was told by the court that its shifting defenses against EagleView made the court feel like Alice in Wonderland.
Microsoft’s Complaint Partially Dismissed by District Court
In response to Microsoft Corporation’s petition seeking declaratory judgement of non-infringement of eleven patents, the court has dismissed the appeal. In a move against Microsoft’s petition, plaintiff Synkloud Technologies LLC filed a motion for dismissal, which was partially accepted by the court. The reason for motion of dismissal by Synkloud is stated as lack of subject matter jurisdiction along with failure to state a claim.
Tesla Fails to Dismiss Design Patent Infringement Allegations by Nikola
Tesla Inc. attempted to dismiss a design patent infringement lawsuit filed with the US District Court for the Northern District of California by Nikola Corp. The lawsuit was filed by Nikola stating that the design of Tesla’s electric semi-truck infringed upon the design of Nikola’s heavy-duty, long-haul truck powered by a hydrogen fuel cell. Tesla’s argument for dismissing the case was that a regular person would not confuse the two designs. However, the court refused to accept the argument.
Royalty Pharma Argues About Boehringer’s Claim of Unpaid Dues
In a lawsuit involving licensing and dues of diabetes drug between IP licensing company Royalty Pharma and Boehringer Ingelheim, the former has asserted that while it charged higher royalty fees, the latter could claim unpaid money if it filed a claim within a three-year deadline. Royalty Pharma’s defense is filed with the High Court of Justice in London.
StoryFile Acquires AwareGen’s AI Interactive Memories Patent Portfolio
StoryFile, a company that offers a platform for interactive conversations, has acquired the patent rights for AwareGen’s AI interactive memories. AwareGen’s patent portfolio includes patents relating to devices, systems and methods for learning and using AI interactive memories, along with two other continuation patent applications.
Read More at: https://www.prweb.com/releases/ipofferings_announces_that_storyfile_has_acquired_awaregens_artificially_intelligent_interactive_memories_patent_portfolio_ushering_in_a_new_era_of_story_telling/prweb17369555.htm
StoryFile Acquires AwareGen’s AI Interactive Memories Patent Portfolio
StoryFile, a company that offers a platform for interactive conversations, has acquired the patent rights for AwareGen’s AI interactive memories. AwareGen’s patent portfolio includes patents relating to devices, systems and methods for learning and using AI interactive memories, along with two other continuation patent applications.
Read More at: https://www.prweb.com/releases/ipofferings_announces_that_storyfile_has_acquired_awaregens_artificially_intelligent_interactive_memories_patent_portfolio_ushering_in_a_new_era_of_story_telling/prweb17369555.htm
NovAccess Global Acquires StemVax Therapeutics
StemVax Therapeutics has reportedly been sold to NovAccess Global Inc. in return for 7.5 million shares of restricted common stock in NovAccess. StemVax is a wholly owned subsidiary of Innovest Global Inc., holding a newly granted patent under the category of cancer antigen. NovAccess is responsible for the commercialization of technology owned by StemVax.
Ligand Acquires xCella Biosciences and Taurus Biosciences
Ligand Pharmaceuticals Incorporated has announced the acquisition of two companies to add value to its own technology platform OmniAb. The companies acquired by Ligand are xCella Biosciences for$7 million plus royalties and Taurus Biosciences LLC for $5 million along with contingent value rights. Ligand will also invest in a company led by the founder of Taurus in return for royalties on earnings from future programs. The agreements will enable Ligand to get new license agreements and monetary benefits with the use of the tools and the IP attained from the two companies.
Patent Infringement Suit Between Samsung and KAIST Settled
An ongoing patent litigation between Samsung and KAIST IP US LLC (KAIST), the IP arm of the Korea Advanced Institute of Science and Technology has ended in settlement. While the lawsuit was previously won by KAIST, Samsung had appealed against the university’s $400 million jury win. However, the lawsuit is now set to be settled even as KAIST’s former counsel is opposing the deal. KAIST’s former counsel Glaser Weil Fink Howard Avchen & Shapiro LLP made an appeal for blocking the settlement with the US District Court for the Eastern District of Texas, which was rejected by the court.
Datasea’s Smart Information Service System to be Implemented Through Six Service Agreements
Datasea Inc., a smart security solutions and education technology company in China, has entered into six separate service agreements to share its proprietary technologies and IP assets. The companies with which the agreements are signed include an education training company, an application operator and four gas stations.
CMAB and Laekna Enter into a Strategic Agreement
A strategic collaboration agreement has been announced by CMAB Biopharm (Suzhou) Inc., and Laekna Therapeutics Shanghai Co., Ltd. The agreement states that CMAB will be responsible for the technology transfer, process development and other formalities for the IND filing in China and the US to enable development and commercialization of the anti-PD-L1 antibody (LAE005).
IP News – September 10th
National Council for Expanding American Innovation Inaugural Meeting to be Held by USPTO
The US Patent and Trademarks Office (USPTO) will be hosting the inaugural meeting for the National Council for Expanding American Innovation (NCEAI) next week. The two systems aim to work together to develop a national innovative strategy to build a supportive and inclusive ecosystem for all innovators.
Video Series “Inventors Against Coronavirus” Released by EPO
A video series ‘Inventors against Coronavirus’, highlighting innovators’ fight against COVID-19 has been released by the European Patent Office (EPO). Several experts from various fields were interviewed for the video series which highlights their role in driving recovery from the pandemic. The series is released with the aim to inform the general public and to offer help to researchers.
Read More at: https://www.epo.org/news-events/news/2020/20200909.html
Japan Holds High-level IP Meetings with IP Offices
The Commissioner and the Deputy Commissioner of the Japan Patent Office (JPO) held high level video meetings with the intellectual property (IP) offices across the globe. The meetings included countries from the Association of South East Asian Nations (ASEAN) and the US. Separate meetings were held over a course of about ten days and the main agenda of the meeting was for the offices to know that the JPO is open to offering cooperation in many fields.
Read More at: https://www.jpo.go.jp/e/news/ugoki/202009/090801.html
GE Accuses Siemens of Patent Infringement
General Electric (GE) has accused the renewable energy arm of automation company Siemens’ Danish and US brands of patent infringement. GE claims that the wind turbines imported by Siemens infringe upon their patents relating to wind turbine generators. The US International Trade Commission (ITC) is set to probe the infringement accusation.
Letter Written by Head of Senate’s IP Subcommittee to US Trade Representative
In a letter written by the Chairman of IP Subcommittee Senator Thom Tillis to the US Trade Representative (USTR) Ambassador Robert Lighthizer, Tillis urged him to prioritize strong IP protections in any free trade agreement with India. The letter was written to ensure that the IP rights of American companies are fiercely protected even when free trade terms are formulated and implemented. Senator Tillis also emphasized the protection of biopharma patents in particular.
Winners’ Sun Gets Another Win from Among 4000 Lawsuits
Selfie stick patent owner Winners’ Sun Plastic & Electronic (Shenzhen) Co. Ltd. has been able to clinch another victory from among the 4000 lawsuits that it has filed against various infringers. The company has attained utility model protection for its selfie stick, which is valid for more years and this is the main reason why it has been able to find success in litigations.
PTAB Asks Microsoft About its Prior Art Claims in Patent Lawsuit
In the patent validity case involving patents belonging to Uniloc Corporation, Microsoft Corporation submitted a prior art document to the Patent Trial and Appeals Board (PTAB). However, the PTAB has questioned whether they can accept a document that seems to be made up on the fly. The document is about public accessibility of prior art relating to the patent covering a method for controlling radio systems.
CAFC Allows Review by PTAB Judges for Cases Litigated by Iancu During Private Practice
The appeals court has rejected an appeal by St. Jude Medical LLC against patent office judges reviewing a patent that US Patent and Trademarks Office (USPTO) Director Andrei Iancu litigated while in private practice. The Court of Appeals for the Federal Circuit (CAFC) refused to accept the argument that all the judges at the PTAB would give a biased opinion in a review due to their loyalty to him. The appeal relates to the patent validity case that Abbott Laboratories’ subsidiary St. Jude Medical made against Snyders Heart Valve LLC.
Amneal Gets a Win in Infringement Challenge by Noven
Amneal Pharmaceuticals LLC gets a partial win in a patent validity case that they filed in response to infringement accusations by Noven Pharmaceuticals Inc. The US District Court for the District of Delaware ruled that while Amneal infringed upon one of the three patents in question, claims of all three patents were actually invalid under Section 112 of the Patent Act but not due to the on-sale bar.
District Court Rules in Favour of Google
The US District Court for the District of Delaware has cleared Google LLC of patent infringement charges that were asserted by Data Engine Technologies LLC. The court ruling stated that Google did not infringe upon patents relating to organizing data in a 3D spreadsheet because Google Sheets is a collection of 2D pages that a user can visually order. The plaintiff has alleged that Google infringed on six of their patents that cover the use of notebook type tabs to organize and display information in a multipage electronic 3D spreadsheet.
Virtual Immersion Decides to Drop Patent Infringement Lawsuit Without Any Explanation
A patent infringement lawsuit filed with the US District Court for the Western District of Texas by Virtual Immersion Technologies LLC has been dropped by the plaintiff. The case was filed against General Dynamics Corp., alleging that the defendant planned to use stolen technology for a contract worth $883 million with the US Army. No explanation was given by the plaintiff about why the case has been withdrawn. The patent in question relates to providing virtual reality users a means of communication with other users and viewing previously recorded data.
Provectus and UTHSC Enter into a Research Collaboration
Provectus Biopharmaceuticals Inc. has announced that they have entered into a research collaboration with University of Tennessee Health Science Center (UTHSC) to investigate Rose Bengal Disodium (RBD). RBD is a lead molecule to which the patent is owned by Provectus. The program is mainly in collaboration with Professor Michio Kurosu associated with the department of Pharmaceutical sciences, College of Pharmacy, UTHSC.
Read More at: https://www.globenewswire.com/news-release/2020/09/09/2090871/0/en/Provectus-Biopharmaceuticals-Establishes-Research-Collaboration-with-University-of-Tennessee-Health-Science-Center-to-Investigate-Small-Molecule-Rose-Bengal-Disodium-for-Antibiotic.html
MaxLinear Acquires NanoSemi
MaxLinear and NanoSemi Inc. have entered into an acquisition deal as announced by the former. As per the terms of the deal, NanoSemi stands to get monetary benefit of $10 million along with 804,163 shares of MaxLinear’s stock. Other benefits are also included in the terms of acquisition that will be payable to NanoSemi by MaxLinear.
Apple Hits Back at Epic with Breach of Contract Claim
In another development in the patent infringement battle between Apple Inc. and Epic Games Inc., the former has now hit back with accusation of breach of contract. Apple has argued in their assertion that Epic Games is trying to use tools provided by Apple for free and charge others for the Apple’s intellectual property and technologies. Apple now seeks compensatory and punitive damages.
Beijing IP Exchange Launched
On the conclusion of the 2020 China International Fair for Trade in Services (CIFTIS), the launch of the Beijing Intellectual Property Exchange was announced. Operated by China Technology Exchange, the exchange is set to become an important IP trading platform for international stake holders. A batch of the exchange’s high quality scientific and technological achievements was released during CIFTIS.
Jazz Pharma and Redx Collaborate for Two Targeted Cancer Therapies
A new research collaboration has been announced between Jazz Pharmaceuticals PLC and Redx Pharma PLC. The collaboration is established with the aim to discover and develop drug candidates for two cancer targets in the MAPK Pathway. Redx will receive, an initial $10 million followed by another $10 million if the deal continues for a second year, as per the terms of the agreement. If Redx provides an investigational new drug (IND) ready module they stand to earn another $200 million in return along with other milestone payments and sale royalties.
IP News – September 9th
The UKIPO Wants Stake Holders’ Opinions on AI and IP Policy
After having rejected a patent application with Artificial Intelligence (AI) being named as inventor, the UK Intellectual Property Office (UK IPO) is now seeking stake holder opinions. The UK IPO has invited inputs and comments from stake holders to know how they think AI relates to the current IP framework and how the future will shape with regard to IP and AI policies.
LOT Opens Up Window of Opportunity for Members by Joining Hands with AST
The License on Transfer Network (LOT) and Allied Security Trust (AST) have announced a deal making partnership. According to the agreement, the members of the LOT stand to get a chance to have a look at available portfolios open for licensing before they are put on the secondary market.
Samsung Boasts of a Robust Patent Portfolio, Study Suggests
Following a $6.6 billion licensing deal with Verizon Communications Inc., Samsung is known to be seizing 5G opportunities backed by a robust IP portfolio. A study by IPLytics suggests that Samsung now leads with over 1700 declared 5G SEPs which are actually granted to the company. The company also had the highest number of declared patents filed with international agencies like the US Patent and Trademarks Office (USPTO), European Patent Office (EPO) and even Patent Co-operation Treaty (PCT) applications. The only company to be ahead of Samsung in the race is Huawei Technologies Company, Ltd., according to multiple studies.
Gland Pharma Accused of Patent Infringement by Fresenius
Grand Pharma Ltd. has been accused of patent infringement by Fresenius Kabi USA LLC and an infringement lawsuit has been filed with the US District Court for the District of New Jersey. The accusation comes after Gland Pharma applied for approval of the US Food and Drug Administration (FDA) for an abbreviated new drug for a generic version of Fresenius’ pain management drug Naropin. Fresenius asserted that Gland Pharma applied for the ANDA even though the former holds a valid patent until May 2023.
CAFC Declines Review of Ruling in Ford’s Design Patent Case
In response to an appeal for the reversal of a ruling, the Court of Appeals for the Federal Circuit has rejected a review petition and sided with Ford Global Technologies LLC. The ruling for which the reversal appeal was made stated that New World International Inc., Auto Lighthouse Plus LLC and United Commerce Centres Inc. infringed on 13 patents owned by a Ford unit. The original ruling was given by a District court in Texas and was affirmed by a three-judge panel of the CAFC after which another appeal was made against the ruling.
ITC Admits PTAB Opinion Weighs Higher in Patent Validity Cases
The US International Trade Commission (ITC) had implemented a ban on import of drones on patent infringement claims. However, after the Patent Trials and Appeals Board (PTAB) suspended the ban and claimed the patents in question invalid, the ITC has expressed that the PTAB’s has a larger role in deciding patent validity as compared to the commission. The ban was applied by ITC on SZ DJI Technology Co. Ltd., a Chinese company.
CIPO Instructed on How to Construe Essential Claims in Patent Applications
The Federal Court of Canada has put out instructions for the proper approach to construe the essential claims of patent applications by the Canadian Intellectual Property Office (CIPO). The court has stated that a ‘purposive test’ should be used by the patent examiners to ascertain a claim. The court also suggested that the manner of the purposive test used in two separate cases involving Free World Trust and Whirlpool Corp. can be used as definitive examples.
PTAB Ruling Affirmed by CAFC against Siemens Mobility
The Court of Appeals for the Federal Circuit (CAFC) upheld the ruling of the Patent Trial and Appeals Board (PTAB) deeming patents owned by Siemens Mobility Inc. as invalid. The patents in question relate to train-approach warning system. Parts of the patent were invalidated by the PTAB as a result of an invalidity claim filed by Westinghouse Air Brake Technologies Corp. The invalidity ruling was given on the basis of obviousness.
Engineer’s Appeal against Patent Office Decision Rejected
A patent application appeal filed by an engineer, Angadbir Singh Salwan rejected by the US Patent and Trademarks Office (USPTO) has also been rejected by the Court of Appeals for the Federal Circuit (CAFC). The appeal was made to the CAFC against a ruling by one of the District Courts of Virginia which agreed with the USPTO on the ineligibility of Salwan’s claim for patent involving a real-time communication system between patients and doctors.
SteriLumen Signs Exclusive Distribution Agreement with Akida Holdings
An exclusive distribution agreement has been signed between SteriLumen, Inc. and Akida Holdings LLC involving the latter’s patent protected air purification technologies used in the hospitality and hotel industries. The scope of the agreement is for the US and Greater Middle East. As per the agreement, SteriLumen, a subsidiary of Applied UV, Inc., will have exclusive distribution rights, expanding its line of disinfecting solutions and products.
Mylan to Acquire Aspen’s Thrombosis Portfolio
As per the terms of a purchase deal, Mylan NV is set to acquire Aspen Pharmacare Holdings Ltd.’s Thrombosis business rights. A host of brand names in the arena of injectable coagulants will be added to Mylan’s portfolio in return for more than $750 million payable to Aspen. The acquisition will expand Mylan’s business within the European region in addition to its already existing business.
CTT and 3 Rivers Biotech Enter into Business Development Partnership
It has been announced that CTT Pharmaceutical Holdings, Inc. and 3 Rivers Biotech have entered into a business development partnership. The terms of the agreement state that 3 Rivers will make use of its existing resources within networks of supplier and manufacturers of consumer packaged goods to get commercial partnerships by using CTT’s patent protected sublingual wafer technology. The agreement also allows CTT to use 3 Rivers’ operational ability to execute technology transfers and implement projects for new customers.
Lexicon Pharma Sells XERMELO to TerSera
According to a sale deal between TerSera Therapeutics LLC and Lexicon Pharmaceuticals Inc., the latter has sold its rights, title, and interest in biliary tract cancer treatment XERMELO, to the former. Lexicon is set to receive $160.4million in return along with royalties on net sales of Xermelo and milestone payments.
Fulcrum Acquires Delaney Biometrics, Adds Delaney’s IP Portfolio to its Kitty
Fulcrum Biometrics, Inc. has acquired DelaneyBiometrics through a deal with Delaney Secure Ltd. The deal adds Delaney’s intellectual property portfolio to Fulcrum’s business. After the acquisition Fulcrum plans to expand its business outside of Europe by strengthening its staff and support resources and by making use of Delaney’s core capabilities including three key biometric solutions, DelaneyCloud, DelaneyID and DelaneyGatekeeper.
Research Collaboration Established Between Impact Biomedical and Major Plastic Manufacturer
A subsidiary of Document Security Systems, Inc., Impact BioMedical Inc. has entered into research collaboration with one of world’s largest plastic manufacturer through their subsidiary Impact BioLife Science Inc. The focus of the collaboration will be on the development of five new types of advanced microbial-resistant plastics. The development of the bioplastics will be built upon existing research being undertaken by the founder of advance research company GRDG Sciences LLC.
IP News – September 8th
Spanish IP Office to Have New Processes in Place
The Oficina Espanola de Patentes y Marcas (OEPM), the Spanish Patent and Trademark Office nowhas newly formulated processes in place that are established with the help of European Intellectual Property Office (EUIPO). The new processes are aimed at improving the flow of information and decision making. In all, the project management at the office is set to be revamped with the new processes in place.
China Wants to Share to Enhance IP Rights
In his recent speech, the President of China, Xi Jinping, has announced that the country is ready to join in the efforts of the world to protect intellectual rights. The president also said that China will actively promote digital and sharing economies as well as their development.
‘SheCodes’ Challenge Announced to Encourage Women Innovators
Indian government’s think tank Niti Aayog’s initiative Atal Innovation Mission, in collaboration with Dell Technologies, has launched the SheCodes Innovation Challenge. The program is aimed at encouraging women innovators to create, improve, sustain and innovate. Spread across various categories, entries are invited from across the country to form 25 teams after two screening processes. Finally, eight teams will be chosen to be a part of a Student Entrepreneurship Programme, which will help the creators with patents, product launches, product development and internships.
UA Fires Professor Over Misappropriation of University Owned IP
An announcement by the University of Arkansas (UA) stated that they have taken a call to fire an electrical engineering professor, Simon Ang. The university took the decision following accusations at him relating to misappropriation of intellectual property belonging to the university. There are multiple other charges against Ang and a FBI affidavit also alleges that he failed to inform of Chinese ties while pursuing NASA and US Air Force research grants. It is also alleged that Ang has been named as inventor in multiple patent grants across Asia and the patents subjects relate to the field of work that Ang did at UA.
Destiny Pharma and SporeGen Sign Collaboration Deal
Destiny Pharma has entered into a collaboration deal with SporeGen Ltd. As per the terms of the deal, the two companies will collaborate to develop SporeGen’s ‘SPOR-COV’ product, a new preventive treatment for COVID-19. SporeGen has intellectual property protection for the SPOR-COV approach.
Guident Bestmile Enter into a Strategic Alliance
Guident Ltd. has been engaged by Bestmile USA for a strategic alliance to use Guident’s patent protected advanced teleoperation for autonomous and human-driven vehicles to improve safety using a reliable, low latency connection from any advanced mobile network solution. The strategic alliance will focus on areas for collaboration in Europe and North America.
Ocean Floor Acquires Exclusive IP Rights
Ocean Floor Geophysics, Inc. has signed a deal with PGS to acquire exclusive rights for the PGS towed streamer CSEM system. The agreement allows Ocean Floor to make use of the hardware, software and the intellectual property associated with the said system. In return for the system, PGS is set to receive shares in Ocean Floor as part of the settlement deal.
ATCOR Medical and Andon Join Forces
ATCOR Medical Pty Ltd, a subsidiary of CardieX Ltd., has entered into a partnership agreement with Andon Health Co. Ltd. for the co-development and commercialisation of devices using ATCOR’s patent protected SphygmoCor technology. The technology is used as a global standard for measuring central blood pressure and arterial stiffness. The terms of the agreement name ATCOR as the exclusive owner for the IP, the term of the deal is three years which can be extended or renewed on written agreement by both parties and Andon stands to be paid monetary compensation on various milestones until FDA clearance after which Andon will receive a per-unit payment. ATCOR will also sell and supply CBP Chip to be used in the production process of the new device.
IP News – September 7th
Licensing Deal a Good Omen for Chinese Corporate IP
In a positive development for the Chinese domestic IP market, the news of two Chinese companies having signed a licensing deal has surfaced. A patent infringement battle between Appotronics Corp. and Chengdu XGIMI Technology Co., Ltd. has been resolved with a licensing agreement between the two companies. Appotronic had filed for patent invalidation of the entire XGIMI patent portfolio comprising of 16 rights, due to the pressure mounting from the patent litigation charges. The royalty bearing deal is good news for the IP market in China even as it faces challenges overseas.
Banner Begins Sales of Bafiertam After Patent Win
Banner Life Sciences, LLC has been allowed to sell its multiple sclerosis drug Bafiertam after achieving a win in the patent infringement lawsuit against Biogen Inc. The Court of Appeals for the Federal Circuit (CAFC) declined Biogen’s request to block Banner’s drug stating that the extension on the patent belonging to Biogen was only covering an active ingredient and not a related molecule for its drug Tecfidera. While the patent in question had expired in 2018, Biogen had acquired an extension.
CAFC Asks PTAB to Check Validity of Facebook’s Added Patent Claims, Denies Re-joinder Request
In the patent battle between Facebook, Inc. and Windy City Innovations LLC, the Court of Appeals for the Federal Circuit (CAFC) has declined Facebook’s appeal to join the case as a re-joinder party with itself. Facebook made the appeal as becoming a joinder with itself would allow them to challenge added patent claims which would not be possible otherwise as the time period for the petition had failed. While Facebook will not be allowed to join in as a re-joinder, the CAFC has asked the Patent Trials and Appeals Board (PTAB) to reconsider whether the missed-out claims made by Facebook are resolved.
Phillips 66 Denies Infringement, Seeks Patent Invalidity Ruling
In response to patent infringement allegations, Phillips 66 Company has requested the US District Court for the District of Texas to clear the company of the infringement charges and also declare the patents invalid. There are four patents in question relating to technology that refines oil for marine fuel that have allegedly been infringed upon as claimed by plaintiff Magema Technology, LLC. The plaintiff has alleged that Phillips has indulged in ‘efficient infringement’ of IP assuming that fighting a legal battle will cost lesser than getting into a licensing deal.
CAFC Not to Side with St. Jude Medical
The Court of Appeals for the Federal Circuit (CAFC) agrees with the ruling of the Patent Trial and Appeals Board (PTAB) stating that St. Jude Medical LLC, a unit of Abbott Laboratories, infringed on a patent relating to artificial heart valves. The patent infringement charges were filed by physician Dr. Robert Synder. While most patent claims owned by the physician were invalidated by the PTAB, the board had upheld some claims. An appeal was later made to the CAFC to review the disputed claims as a result of which the court ruled in favour of Dr. Synder.
Divided Expert Opinions on Inclusions in Orange Book
In response to a request for critique about generic drug guide – the Orange Book, several drug-makers, attorneys general, and pharmaceutical trade organizations have given conflicting views to the US Food and Drug Administration (FDA). While some arguments were in favour including patents for drug-device combinations and established risk evaluation and mitigation strategies, others opposed it.
SIMO’s Arguments Stronger in Patent Infringement Litigation
After receiving an injunction on selling its G2, G3 and U2 mobile hotspots and S1 mobile phones in the US, Hong Kong uCloudlink Network Technology Limited has redesigned its products sell them in the American market. While the US District Court for the Southern District of New York allowed uCloudlink to sell the newly designed products, SIMO has alleged that the redesigned products also infringe on the patents and has filed a fresh lawsuit with the US District Court for the District of Texas. In response, uCloudlink asked the court for a summary judgement, which has been rejected by the court.
Niantic Accused of Infringing Augmented Reality Patents
Niantic Inc. has been accused of patent infringement by NantWorks LLC of infringing on its patents relating to augmented reality. The lawsuit has been filed by NantWorks with the US District Court for the Northern District of California. It has been alleged by NantWorks that the patents in question have been infringed upon by Niantic with its popular mobile games Pokemon Go and Harry Potter: Wizards Unite.
BARDA to also Probe Moderna’s Funding Sources
After the announcement from Defense Advanced Research Projects Agency (DARPA) about probing Moderna’s funding resources for vaccine research, another government agency Biomedical Advanced Research and Development Authority (BARDA) has also announced that it will probe the matter. BARDA is a sub-agency of the US Department of Health and Human Services and it will be checking whether the vaccine making company has complied with the federal law that makes it mandatory for applicants to disclose any government funding to the US Patent and Trademarks Office (USPTO).
AstraZeneca Wants Brilinta Copy Blocked
Macleod Pharmaceuticals Ltd. will have to fight AstraZeneca PLC’s attempt to block its proposed generic version of the latter’s blood thinner drug Brilinta. AstraZeneca has filed a lawsuit with the US District Court for the District of Delaware against Macleod to seek a court order on a block for a generic drug that it has proposed. The plaintiff also seeks to get cash compensation if copies of the drug are made before the expiry of Brilinta’s patent in January 2036.
Ferring Asked to Justify Delay in Challenging Inventorship by CAFC
In response to an appeal by Ferring Pharmaceuticals, the Court of Appeals for the Federal Circuit (CAFC) has questioned the appellant what took them so long to challenge inventorship. The case involves patents that an ex-employee of Ferring sold to Allergan PLC in 2010. However, Ferring challenged the inventorship of the ex-employee and founder of Serenity Pharmaceuticals Corp. too late in a District Court, according to the court. The lower court’s decision to bar Ferring from challenging inventorship was then taken to the CAFC with an appeal to reverse the ruling.
IP News – September 4th
Opinions Divided Over Extension of CBM Program
The transitional program for the Covered Business Methods Patents (CBM) is set to expire in two weeks. The program was implemented under the America Invents Act (AIA) and was framed as one of the compromises for certain sectors to reach a consensus on the AIA. With its impending expiry, a special interest group called ‘Quality Patents Coalition’ has urged the congress to extend the program for another year. On the other hand, there is a bipartisan majority that had voted down the extension of the CBM as proposed by a former Congressman in an amendment.
Conversant Gains Another Win
Right after tasting defeat following the UK Supreme Court’s ruling last week, Huawei Technologies Co., Ltd. and ZTE Corporation have lost yet another lawsuit as Conversant LLC has been able to get another win in a similar case at the Dusseldorf District Court, Germany. The court ruling stated that Conversant followed a licensing strategy that was FRAND (fair, reasonable and non-discriminatory) compliant.
Biopharma Innovators to Benefit from Brazil’s First IP Strategy
For the first time, a national strategy for intellectual property has been proposed in Brazil. The strategy aims at providing a roadmap to build an IP ecosystem that will enable innovation, investment and growth for the country’s economy. A draft has been put out by the Brazil government that looks at the advent of a 10-year reform period. It is expected that the biopharma innovators will benefit considerably from the strategy as the authorities are planning to review some life sciences patent issues that are in the midst of contention.
COVID-19 Delays Trial
A patent infringement lawsuit between Sprint Communications Co., LP and Charter Communications, Inc., has been put on hold by a judge at the US District Court for the District of Delaware. The trial has been indefinitely delayed due to the COVID-19 pandemic. The judge stated that the October date for the trial cannot be honoured because of the pandemic as well as a great number of pending motions.
US Department of Navy Issues Notice of Intent to Grant Patent License
The US Department of Navy, DoD, has issued a Notice of Intent to grant a partially exclusive patent license to Pools, Inc. The license will grant partially exclusive license to Pools to practice certain government owned patents. The Navy notice invites objections, if any, in writing along with valid evidence, within fifteen days of the posting of the notice of intent.
Arbitration Ordered in Lightweight Aluminium Bottle Patent Fight
In a case of alleged breach of contract by Alcoa Corp., the plaintiff Anheuser-Busch InBev SA/NV has successfully appealed to the court for arbitration. The case involving the breach of a patent agreement for production of lightweight, reclosable aluminium bottle will be referred for arbitration as ordered by the US District Court for the Southern District of New York.
Amarin Plans to Fight Back, Will Ask for En Banc Review
After getting an unfavourable ruling by a three-judge panel at the Court of Appeals for the Federal Circuit (CAFC), Amarin Corporation has decided to appeal for en banc review of the ruling. The case relates to a generic drug for Amarin’s Vascepa, manufactured by Dr. Reddy’s Laboratories and Hikma Pharmaceuticals. The earlier court ruling gave a green signal to the generic drug manufacturers, posing a great threat to Vascepa’s market.
Tigo Pulls Back Patent Infringement Lawsuit
A patent infringement suit filed by Tigo Energy with the US District Court for the Northern District of California has been withdrawn according to an announcement by defendant APSystems. The case was filed by Tigo against APsystems’ parent company, Zhejiang Yuneng Technology for wilful infringement of patents relating to rapid shutdown technology.
Daimler May Be In for a Win
In the Daimler AG vs. Nokia Oyj patent battle, at the Dusseldorf District Court the court had indicated its inclination towards Daimler’s argument stating that standard mobile technology licenses must be offered to auto suppliers that it works with. It is also expected that the judges will seek guidance from the European Union’s top court in the case.
Companies that Lead in Green Patent Applications
As per an analysis of a list of patents containing the words ‘renewable energy’ it has been concluded that there are certain leaders in the race to file environment friendly patents. The data collected from 6000 green patents shows that Mitsubishi Group is leading with 123 renewable energy patents. General Electric Company follows Mitsubishi with 83 patent applications. The data analysed was collected from the years 1905 to 2020 and the highest number of green patents were filed in the year 2012.
IP News – September 3rd
Global Innovation Index 2020 Released
The World Intellectual Property Organization (WIPO) in conjunction with certain partners announced the release of the Global Innovation Index (GII) 2020. According to the GII, the COVID-19 pandemic has had an adverse effect on some innovative activities while driving certain other innovation areas such as medicine. The global rankings of countries on innovation capacity and output show a steady trend in the top ten names but there is also an eastward shift with Asian countries joining the list of innovation-driven nations.
EPO Announces Five Feedback Surveys
The European Patent Office (EPO) has decided to run five surveys to understand the evolving needs of the users. The feedback received from the survey will be used to shape products and services by the EPO in the future. An external contractor has been hired for the task so that anonymity can be maintained through the surveys.
Read More at: https://www.epo.org/news-events/news/2020/20200902.html
UK IPO Report Suggests Need for Better IP Enforcement
According to a report by the UK Intellectual Property Office (UK IPO) if the UK wants to succeed as an independently trading nation after the Brexit, it is important to curb counterfeiting which attacks IP rights. The report also states that it is important to further develop the role of IP in the economy for it to be strengthened.
Huawei IP Chief’s Views on SEP Licensing
Huawei’s IP Chief, Jason Ding gave a keynote address at the IPBC Connect event, stating that there was a need for balance in fair, reasonable and non-discriminatory (FRAND) terms. Indirectly hinting at the UK court’s lawsuit ruling from last week, which Huawei lost, Ding also said that Huawei has never denied SEP licenses to companies that are willing to get into an agreement.
Apple Will Not Gain from VirnetX’s Loss
Right after Apple Inc. filed a motion for relief from judgement in its patent infringement case against VirnetX, the court dismissed the appeal. The Supreme Court of the US (SCOTUS) stated that Apple filed the appeal for reversal of judgement too late, which is why it was not entitled to get back any amount from the dues that it paid to VirnetX. Apple appealed in response to VirnetX’s patents getting invalidated, these were the same patents which Apple was found to infringe upon and was ordered to pay damages of $454 million.
Court Believes GoPro Infringed on Patents
In a patent infringement battle between Contour IP Holding LLC and GoPro Inc., the US District Court for the District of California has ruled in favour of the former. While the court does not find expert arguments from both sides free of flaws, it has stated that GoPro copied the video camera technology owned by Contour.
Mic Maker found Violating Injunction Order
Shure Inc. has been found in violation of an injunction order placed on it as a result of a patent infringement allegation that was levelled against it by ClearOne Communicatons Inc. There was a preliminary injunction on an infringing product of Shure, which the company violated by manufacturing another product which is not very different from the one under injunction.
PTAB Partially Axes Patent Claims after Patent Review
Child safety seat maker Britax Child Safety Inc. has had to face patent invalidation at the Patent Trial and Appeals Board (PTAB) after competitor Nuna Baby Essentials, Inc. challenged the claims. After an inter partes review (IPR) some of the patent claims were found to be valid while others were invalidated by the PTAB.
CAFC Partially Upholds PTAB Ruling
The Court of Appeals for the Federal Circuit (CAFC) has upheld a ruling of the Patent Trial and Appeals Board (PTAB) which stated that some of the patent claims challenged by Alphabet Inc’s Google LLC were valid. The patent in question is owned by Blackberry Ltd. and according to the PTAB ruling some of its claims have been invalidated on grounds of obviousness while others are considered valid.
Tech Majors Hit with Patent Infringement Lawsuit
Express Mobile has filed nine patent infringement lawsuits against various tech companies and start-ups alleging that the companies infringe upon patents relating to methods for website creation and content display. The lawsuits have been filed with different courts including the US District Courts for the Western District of Texas, District of Delaware, and the Northern District of California. The companies against which Express mobile has levelled allegations include Google, Microsoft, eBay, Expedia Group, HubSpot, Dropbox, Facebook, Atlassian Corp., and Squarespace. The plaintiff seeks a declaratory judgement, an award for damages and other relief.
CareDx Tai Settle Lawsuit
Tai Diagnostics, Inc. and CareDx have reached a settlement in a patent infringement suit that the latter had filed. The case that was on at the US District Court for the District of Delaware was filed by CareDx along with Stanford University alleging that Tai infringed upon a patent relating to a biomarker test that detects problems with a transplanted heart at an early stage. The patent in question is known to be owned by Stanford University and is exclusively licensed to CareDx. The terms of the settlement of the lawsuit are known to be undisclosed. Read More at: https://news.bloomberglaw.com/ip-law/caredx-drops-patent-suit-over-tai-transplant-rejection-test
IP News – September 2nd
Andrei Iancu Kicks Off IPWatchdog’s CON2020
The virtual CON2020 hosted by IPWatchdog was kicked off by the Director of US Patent and Trademarks Office (USPTO), Andrei Iancu. Among the several topics that Andrei touched upon related to counterfeiting, IP theft by China and the issues surrounding the courts at the Patent Trials and Appeal Board (PTAB) about patent eligibility. On the patent eligibility issue, Iancu stated that it would certainly be helpful if courts choose to follow the patent eligibility guidelines set by the USPTO for the examiners, though they are an independent entity and are not obliged to refer to the guidelines.
1st Japan-India IT Experts Meeting Held, Organized by IP Authorities
Late last month, a meeting of IT experts from India and Japan was held between the Japan Patent Office (JPO) and Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM). The IT experts on both sides discussed sharing of information and experiences about information systems of the intellectual property office so that systems of both offices can be improved. Organizational structures of the IT departments were also exchanged, and it was promised by the JPO that it will extend cooperation with the IP dept. to create a smooth and quick IP process for both countries.
Kite Appeals for Reversal of District Court Order
In an appeal to the Court of Appeals for the Federal Circuit (CAFC), Kite Pharma has requested the court to reconsider the reward ruling of $1.2Billion to Juno Therapeutic Inc. and Memorial Sloan Kettering Cancer Center (MSKCC). Gilead Sciences Inc.’s unit Kite Pharma has argued that Juno is being rewarded for problems that they could not solve but Kite successfully did. The ruling in favour of Juno was given by the US District Court for the District of California.
CAFC Not About to Overturn Atty Fees Judgement for HP & SAP
Big Baboon Inc. has filed an appeal with the Court of Appeals for the Federal Circuit (CAFC) requesting the court to reconsider an award of attorney fees that HP Inc. and SAP SE were given on wining a patent infringement suit filed by the plaintiff. The court however, is not convinced enough with Big Baboon’s argument that they cannot be forced to pay attorney fees without evidence of misconduct.
Google Fails to Claim Patent Invalidity in PTAB
In response to a patent infringement lawsuit filed by Personalized Media Communications, LLC., Google LLC tried in vain to claim patent invalidity for the four patents that it is accused of infringing upon. The ruling of the Patent Trial and Appeals Board (PTAB) was announced on Monday, which coincides with the lawsuit filed by tech majors including Google against US Patent and Trademarks Office (USPTO) claiming rulings such as in the Personalized Media case as illegal.
Amarin to File an Appeal against Patent Invalidity Ruling
Amarin Corporation has requested the Court of Appeals for the Federal Circuit (CAFC) to reconsider an earlier ruling that invalidated its patents for the heart drug Vascepa. The lawsuit due to which Amarin had its patents invalidated was filed by generic drug makers Hikma Pharmaceuticals and Dr. Reddy’s Laboratories.
Foxconn Offers Settlement to Microsoft
As a quick response to a breach of contract complaint by Microsoft Corporation, Foxconn Technology Group has offered the software giant a settlement. The terms of the agreement are confidential, and the two parties involved filed for a joint settlement at the US District Court for the Northern District of California. Microsoft had filed a lawsuit against Foxconn as the latter failed to keep up with the terms of an earlier licensing deal.
Lawsuit against Computer Industry Dismissed
An individual plaintiff Mers Kutt filed a patent infringement lawsuit against essentially the entire computer industry for infringement of his patents relating to enhancement of computer performance. However, the lawsuit has been dismissed by the US District Court for the Eastern District of Texas due to failure of meeting the deadline for filing an opening brief by Kutt. The complaint was filed against companies in the field of technology, telecom, and finance among others.
Stanley Black & Decker Accused of Patent Infringement
A patent infringement complaint filed with the US International Trade Commission (ITC) by a small company Zircon accuses Stanley Black & Decker of infringing on its patents. The plaintiff alleges infringement of patents relating to stud finders that Stanley buys from an Asian company and sells in the US market.
IP News – September 1st
Japan to Hike PCT Fees
The Japan Patent Office (JPO) has announced that it will be revising the charges for international patents filed with the office under the Patent Co-operation Treaty (PCT). The charges for PCT application are set to be increased for applicants from the month of October as announced on the official website of the JPO.
The UC Wants Probe on More Infringers
In its pursuit to get royalty dues, the University of California (UC) has requested the US International Trade Commission (ITC) to probe General Electric, Savant Systems, Feit Electric, Home Depot, Ikea and Satco Products for their light bulb imports. UC has asserted that the imports by the defendants infringe on the patents invented by its research team. The attempt to push the ITC for a probe is in addition to an earlier similar claim that UC had made.
Sun Pharma Accused of Infringement
A patent lawsuit has been filed in the US District Court for the District of Delaware by Boehringer Ingelheim Pharmaceuticals, Inc. accusing Sun Pharmaceutical Industries Ltd. of patent infringement. Boehringer asserts that patents relating to its type 2 diabetes treatment, Trijardy XR have beeninfringed by Sun Pharma with its filing of an abbreviated new drug application with the US Food and Drug Administration (FDA).
‘Random’ May Be the Reason for Bayer’s Win Reversal
In the ongoing patent infringement battle between Takeda and Bayer, the judges of the Court of Appeals for the Federal Circuit (CAFC) are now considering the possibility of the District Court jury having erred in awarding a win to Bayer. The CAFC judges think the jury leaning on the word ‘random’ in interpreting the patent, may have been mistaken.
Verizon and T-Mobile Facing Infringement Lawsuit
KAIFI LLC has filed a patent infringement lawsuit against Verizon Communications Inc. and T-Mobile. The plaintiff alleges that Verizon and T-Mobile infringed upon its patent relating to Wi-Fi Calling. The lawsuit has been filed in the US District Court for the Eastern District of Texas. It is asserted by KAIFI that the defendants have wilfully infringed on the patent in question. Plaintiff expects to get declaratory judgement, monetary relief, award of royalties along with other relief.
Tech Giants Drag PTAB to Court
Apple Inc., Google LLC, Intel Corporation and Cisco Systems Inc., have joined forces to raise their voice against Patent Trial and Appeals Board (PTAB) precedent on inter partes review. The tech giants allege that the NHK-Fintiv Rule formulated by the PTAB violates the America Invents Act and that it is created illegally. The technology companies have moved court and filed a lawsuit in the US District Court for the Northern District of California. The USPTO Director Andrei Iancu has been listed as the defendant in the case.
USPTO on PureLine’s Side
In response to a patent review appeal, the US Patent and Trademark Office (USPTO) has accepted PureLine Treatment Systems LLC’s question on validity of patent held currently by Ecolab USA Inc. The USPTO has decided to run the patents through a full re-examination.
Read More at: http://www.digitaljournal.com/pr/4791241
Lenovo Motorola Get a Breather
It has been announced by the US District Court for the Northern District of California that they will allow a stay on proceedings in a patent infringement case involving Lenovo Group Ltd., Lenovo Inc., and Motorola Mobility, LLC as defendants. The stay was requested in view of the inter partes reviewproceedings by the US Patent and Trademarks Office (USPTO). The infringement allegations were directed by Neodron Ltd. accusing the defendants of infringement of seven patents relating to touchscreen technology.
Licensing Agreement for Cancer Identification & Patient Monitoring
Purdue University has entered into a licensing agreement with Propel Labs to share the former’s invention.The invention is considered an important tool for advance cancer identification and patient monitoring. A similar agreement was also signed by Purdue with Sony Biotechnology in the past.
Qualigen IRISYS Join Forces
A licensing agreement has been signed by IRISYS LLC to produce AS1411, the lead drug candidate of Qualigen Inc., for the treatment of viral diseases including COVID-19. The deal is known to be an exclusive deal involving the US patent rights covering the treatment of COVID-19 using AS1411.
IP News – August 31st
Cisco to Face Patent Validity Charges Again
The Court of Appeal for the Federal Circuit has decided to reverse and vacate an earlier ruling in a case of patent validity. The case is between Egenera Inc. and Cisco Systems Inc. in which Egenera’s patent was ruled as invalid. However, the CAFC stated that the court order was erred and that the case can be considered for further proceedings.
Hologic to Receive Infringement Damages Up To $7 Million
After a mandate from the Court of Appeals for the Federal Circuit to recalculate damages, Hologic Inc. has been able to have damages increased from $5 million up to $7 million in a patent infringement case. As per the revised calculation, Minerva Surgical Inc. will have to pay Hologic the increased sum in damages for infringing on its patents relating to endometrial ablation treatment NovaSure.
Whirlpool Busers Lawsuit Settled with Agreement
A patent infringement litigation filed by Whirlpool Corporation against Busers Imports LLC has ended with a settlement agreement. According to the terms of the agreement, Busers has agreed to pay Whirlpool an undisclosed sum of money in addition to an acknowledgement of validity and enforceability of its patents. Busers has also made a promise to take corrective business action so that manufacturers of patent infringing products are not able to use its services.
Read More at: https://www.webwire.com/ViewPressRel.asp?aId=263351
Belden Drags Amphenol to Court Over Patent Infringement Charges
A patent infringement battle has ensued between Belden Incorporated and Amphenol Corporation over alleged infringement of patents relating to multimedia over coaxial alliance (MoCA) cable splitters by the latter. The plaintiff seeks cash compensation, royalties and an injunction on unauthorized use of its inventions. The case has been filed with the US District Court for the District of Delaware.
Moderna COVID-19 Vaccine Patents to be Probed by US Defense Research Arm
According to a report by activist researchers, Moderna, the frontrunner in COVID-19 vaccine manufacturers’ race, has failed to disclose federal funding received in the 126 patents that it has filed in the last 10 years. The Defense Advanced Research Projects Agency (DARPA) of US has been urged by the researchers to probe the matter as under the 1980 Bayh-Dole Act it is mandatory for companies to disclose in patent applications any grant received from the government.
NanoCellect Allowed to Challenge Cytonome’s Patent in PTAB
The Patent Trial and Appeals Board (PTAB) has allowed NanoCellect Biomedical Inc. to go ahead with a review with its board despite a parallel litigation with the court of law. NanoCellect requested the inter partes review of Cytonome/ST LLC’s patent involving an actuator in a microfluidic particle processing device or system. NanoCellect’s argument is that the patent claims were invalid because of prior inventions.
Intel and HP to Face Patent Infringement Lawsuit
A patent infringement lawsuit has been filed against Intel Corporation, HP Inc. (HPI) and Hewlett Packard Enterprise (HPE) by Auriga Innovations, Inc. Auriga has alleged that the defendants infringe on patents owned by the company relating to semiconductors and microprocessors. The lawsuit is filed at the US District Court for the Western District of Texas and plaintiff expects to get declaratory and injunctive relief along with damages.
China Leading in AI Patent Applications
As per data analysis reports from the last two years, it has been found that artificial intelligence (AI) related patent applications are the highest from China followed by the US. Nearly 8000 AI applications were analysed, out of which more than half of the applications were from China, making it the country with the highest number of AI patent applications with the second-ranked country US, having far lesser applications in comparison.
BRICS Announcement on IPR
An agreement by the BRICS nations to offer digital cooperation and support for intellectual property rights holders and the public has been announced. The BRICS nations, namely Brazil, Russia, India, China, and South Africa, held a virtual meet between the heads of the intellectual property offices. The main agenda of the meet was to bring down the influence of COVID-19 and also the patent authorization of medicines during the pandemic.
Sanofi’s Announcement to Purchase Principia
An announcement has been made by Sanofi SA about its imminent purchase of the US biotech company Principia Biopharma. The deal is set to cost Sanofi $3.4 billion and the acquisition will help strengthen the company’s patent portfolio by adding to its existing portfolio of 24,249 active patents.
USPTO’s Pilot Program to Prioritize COVID-19 Related Inventions
A COVID-19 Prioritized Pilot Program has been announced by the US Patent and Trademarks Office (USPTO). As per the program, certain applications relating to COVID-19 will be scrutinized out of turn and on priority basis. The program is especially floated for small or micro entities working on the COVID-19 related innovations.
Seed Breeders Call for IP Reforms
Seed breeding companies in the European Union (EU) have jointly urged the EU Commission to take stock of, review and revise the EU IP roadmap. The companies have specially asked to review the plan as it fails to include the Community Plant Variety Rights (CPVR).
Oppo Gets Sharp Sisvel in Trouble
Oppo is going all out to combat patent infringing companies in China with its litigations against infringers. Recent invalidation results on the China National Intellectual Property Administration (CNIPA) websiteshow that Oppo has been able to have Sharp Corporation and Sisvel International S.A.’s Chinese patents invalidated. Oppo adopted the move to have the patents invalidated in response to a patent infringement suit filed by Sharp. It is estimated that Oppo will file more cases of infringement in future.
Coretek Alleges Infringement by HCL
A subsidiary of HCL Technologies, HCL America, has been accused of patent infringement by Coretek Licensing, a legal arm of Coretek Services. The lawsuit is filed in the US District Court for the Southern District of New York and the plaintiff seeks a jury trial along with accounting of all infringing sales and damages. The patent in question has been allegedly infringed by HCL’s product HCL Sametime.
Startup Contest ‘Chunauti’ Announced and Explained
The Government of India has announced a contest ‘Chunauti’ for start-ups. The winners of the contest will receive seed funds of up to Rs. 25 Lakhs. Along with the funding, they will also get support on incubation facilities, testing facilities, opportunities to avail venture capitalist funding, mentorship, and advisories for legal, HR, patent, and other intellectual property rights matters.
COMSovereign Signs Deal with Fastback
A licensing deal has been announced between COMSovereign Holding Corp. and Fastback Networks. The agreement includes transfer of Fastback’s intellectual property, all its operations and customers to COMSovereign. The deal will help expand COMSovereign’s ability to serve service providers deploying 5G and next generation public and private mobile networks.
IP News – August 28th
Microsoft Stands Against Apple
A new angle has been added to the ongoing anti-trust lawsuit between Epic Games, Inc. and Apple Inc. Tech giant Microsoft Corporation has now come out in favour of Epic, stating that if Epic is not provided with the technology background to develop, Microsoft will be forced to leave their existing and future customers on the iOS and macOS platforms. According to Microsoft, Apple’s decision to disallow from using development tools will negatively impact them as well as other game makers.
Korean Companies in Lawsuit Puddle
In a patent licensing contract breach lawsuit between Korean companies SK Innovation Co., Ltd. and LG Chem Ltd., the former has had to take a hit. The lawsuit was filed by SK Innovation in response to patent infringement lawsuit by LG Chem with the US International Trade Commission (ITC) and US District Court for the District of Delaware. The lawsuit filed by SK Innovation was found to be invalid by the Seoul Central District Court as the contract between the two companies was effective only in Korea. SK Innovation has decided to appeal the District Court Ruling.
Read More at: http://www.koreaherald.com/view.php?ud=20200827000930
Lawsuit Filed by Takeda Revived
The Court of Appeals for the Federal Circuit (CAFC) has reversed a ruling of the US District Court for the District of Delaware in a patent infringement suit filed by Takeda Pharmaceutical Co. The CAFC stated that the lower court erred in interpretation of the asserted patent’s terminology and that the case deserved to be remanded for further proceedings. Takeda had filed a patent infringement suit against Genentech Inc. claiming infringement of one of the patents owned by Takeda in Genentech’s haemophilia drug Hemlibra.
Patent Infringement Battle between Chinese Companies
A patent infringement battle involving selfie stick utility model has burnt a hole worth 1 Million RMB in a Chinese company’s pocket. The lawsuit filed by Yuandesheng Plastic Electronics (Shenzhen) Co., Ltd. claimed infringement by Zhongshan Pinchuang Plastic Products Co., Ltd., which a Court of Instance found to be a valid infringement claim. The court ordered damages as well as injunction on the infringing products. As a result of an appeal, China’s Supreme People’s Court affirmed the ruling of the Court of Instance against Pinchuang.
CAFC Says No to Reviving Anacor Patents
The Court of Appeals for the Federal Circuit has rejected Anacor Pharmaceuticals Inc.’s appeal to revive four patents that were asserted invalid by the Patent Trial and Appeals Board (PTAB). Anacor’s patents relating to toe-nail fungus treatment Kerydin were challenged in the PTAB by FlatWing Pharmaceuticals LLC claiming that they were obvious based on earlier patent.
Fitbit Philips Lawsuit Moves to Massachusetts
A patent infringement lawsuit filed by Fitbit Inc. with the US District Court for the Northern District of California has been shifted to Massachusetts Federal Court. The move was taken to join the case with two other related cases that are already being heard in the Massachusetts court. The infringement lawsuit was filed by Fitbit against Koninklijke Philips N.V. claiming infringement of patents relating to wearable health tracking technology.
VIAVI Licenses its Patent Protected Technology
Viavi Solutions Inc. (VIAVI) has announced a licensing agreement that it has signed with Hubei W-OLF Photoelectric Technology Co., Ltd. for use of VIAVI’s low angle shift (LAS) filters for 3D sensing technology, which is patent protected. The terms of the licensing agreement are known to be confidential and undisclosed.
Halberd Announces Research Partner
Halberd Corp. has announced that they have partnered with a major research university for work on their COVID-19 treatment. The name of the university is yet to be announced. However, it is known that the research university is involved in development of the compounds used in the extracorporeal COVID-19 treatment to which Halberd owns the patent.
Fripp Design Seeks to Sell IP
An announcement by Fripp Design Limited states availability of certain intellectual property on sale. The IP relates to 3D printing silicone and it has been developed with help from Wellcome Foundation and University of Sheffield. The technology, on which the developers have worked for years, has been branded as Picsima.
Fish & Richardson Allowed to Represent Volterra in Patent Infringement Lawsuit
A judge at the US District Court for the District of Delaware has refused to disallow Fish & Richardson PC from representing Volterra Semiconductor LLC in a patent infringement lawsuit. Volterra’s rival Monolithic Power Systems Inc., which is the second party in the lawsuit argued that the IP boutique firm cannot represent Volterra due to patent work that it previously done for Monolithic. However, the court ruled that the work done for Monolithic was not substantially similar to the patent infringement suit in question.
IP News – August 27th
Winners of Patents for Humanity Program Announced by USPTO
The winners for the Patents for Humanity Program have been announced by the US Patent and Trademarks Office (USPTO). The winners for the program are chosen on the basis of how the inventions serve humanity and the impoverished in particular. The program is organized with the motive of promoting innovations that address development challenges. The award ceremony this year will be held virtually mid-September.
SEP Ruling Affirmed by UK Supreme Court
In a high-profile patent infringement battle the UK Supreme Court has ruled that English Courts did have the jurisdiction in establishing validity of foreign patents based on International Patent framework agreed upon by the mobile industry. Huawei Technologies Co., Ltd. and ZTE Corporation had appealed to the Supreme Court in response to a patent validity ruling that an English Court imparted against them. The appeal stated that English Courts were not authorized to judge the validity of international patents. Two patent infringement lawsuits were filed, one by Unwired Planet International against Huawei and another by Conversant Wireless against Huawei and ZTE. The Supreme Court ruling will have significant effect on Standard essential patent (SEP) licensing worldwide.
Samsung Google to Face Patent Infringement Lawsuit
In a patent infringement lawsuit, Google Inc. and Samsung have been dragged to court by Richman Technology Corporation. The plaintiff alleges infringement by Google and Samsung of patents relating to security system or security monitoring. Plaintiff expects to get a declaratory judgement in addition to an award for damages and compensation along with other relief.
AbCellera Adds More Claims to Patent Infringement Litigation
In an ongoing patent infringement battle against Berkeley Lights Inc., AbCellera Biologics Inc. has added four more patent infringement claims. The latest claims are in addition to the existing eight claims originally filed at the time of the filing of the lawsuit. The patents in question relate to technology being used in developing antibodies against COVID-19.
Illumina Asked to Present Inventors for Deposition
In a patent infringement lawsuit filed with the US District Court for the District of Northern California, by Illumina Inc. against BGI Group, the court has ordered the plaintiff to present as many as nine inventors for deposition. The court stated that as part of a contractual agreement, Illumina can legally compel the inventors to testify in court. It is also stated that if the plaintiff is unable to present any of the inventors, it may have to face sanctions.
Citius Plans Expansion of Intellectual Property for Mino-Wrap
Citius Pharmaceuticals, Inc. has announced the expansion of intellectual property associated with its global license agreement with MD Anderson Cancer Center (MDACC). The company is developing Mino-Wrap, a novel approach to reducing post-mastectomy infections through this licensing agreement.
Canada China End COVID-19 Vaccine Deal
A COVID-19 vaccine deal between China and Canada seems to be ‘over’. The deal was between Chinese company CanSino Biologics and Canadian research, in which CanSino used cell lines created by the National Research Council (NRC), Canada. The vaccine for COVID-19 created by CanSino using the cell line from NRC was to reach Canadian Centre for Vaccinology in late May but the vaccines never arrived. It is cited that the reason for the non-arrival of the vaccines was the tensions between the countries owing to the detention of Huawei’s executive on a US extradition request in retribution to which China arrested and imprisoned two Canadians on allegations of spying.
District Court Rules in Favour of Microsoft
In a patent license breach lawsuit, the US District Court for the Northern District of California ruled in favour of Microsoft Corp. Microsoft had filed the lawsuit against Hon Hai Precision Industry Co. (Foxconn) for breaching their patent license agreement by failing to report royalties. As per a contract signed by both companies, Foxconn attained the rights to use Microsoft’s patents relating to its Android mobile platform. However, as early as 2014, Microsoft discovered underreporting and underpaying of royalties on Foxconn’s part.
Rise in Number of Patents Owned by IIT Bombay
According to data released by the Indian Institute of Technology, Bombay (IIT-B), the institute has been able to achieve 86 intellectual property rights (IPRs) during 2019-2020. The award of IPRs has seen as 56% success rate as a total of 153 applications were filed by IIT-B. It is observed that the rise is a two-fold increase as compared to the previous year.
IP News – August 26th
Minister’s Address at IPOS Event
Minister for Culture, Community and Youth and Second Minister for Law, Edwin Tong addressed the Intellectual Property Office of Singapore (IPOS) event IP Week @ SG 2020. In his opening address the minister stated that the IPOS will introduce more initiatives to help businesses use intellectual property and grow in order to face the challenges that have risen due to the COVID-19 pandemic. He added that while the pandemic has changed the way we live, it is expected that innovations will ‘emerge more swiftly and with greater intensity’. It was stated that the role of IP offices around the world will be even more important in protecting creations.
Injunction on Import of Certain Chinese Drones
Ruling in favour of Autel Robotics Co., the US International Trade Commission (ITC) placed an injunction on the import of certain drones by China-based SZ DJI Technology Co. The ITC cited infringement of patents owned by Autel as the reason for the injunction.
Tech Companies Want FTC to Appeal Qualcomm Ruling
Automotive Giants like Tesla, Honda, Ford along with tech companies Intel and HP have urged the US Federal Trade Commission (FTC) to appeal against Qualcomm’s recent win in a patent licensing case. The push to appeal comes in view of giving chance to competition and keeping the technology affordable. The automakers and technology companies also think that not appealing against the ruling will weaken FTC’s ability to protect consumers.
Ohemo and Teva Call for a Truce
Ohemo Life Sciences Inc. and Teva Pharmaceuticals Industries Ltd. have filed for the dismissal of a patent infringement lawsuit that was filed with the US District Court for the District of New Jersey. The lawsuit was originally filed by Inspirion Delivery Sciences, which sold its assets to Ohemo earlier this year, including the two patents at issue. As per the complaint, Teva infringed on the patents used in its painkiller drug MorphaBond. The patents related to the drug expire in August 2028 and Teva had proposed to manufacture the generic version of it before expiry of patents.
Merck Takes Aurobindo Pharma to Court
A patent infringement lawsuit has been filed by Merck Sharp & Dohme Corp. against Aurobindo Pharma Ltd. with the US District Court for the District of Delaware. It is alleged that Aurobindo Pharma is planning to come up with generic versions of Merck’s diabetes drug Janumet. Merck has filed a potential patent infringement petition as the patents to the drug do not expire until July 2022. Plaintiff expects to get preliminary and permanent injunction on the manufacture, sale, use and import of the infringing products in the US.
Paice Licenses Patented Hybrid Tech to Mitsubishi
Paice LLC has announced the signing of a licensing deal with Mitsubishi Motors Corporation for the patented hybrid technology owned by Paice. The agreement gives access to some of the most dominant hybrid vehicle patents to Mitsubishi to develop and expand the reach of the technology.
Dr. Reddy’s and Alvogen to Assert Sham Litigation Claims
In response to a patent infringement litigation filed by Indivior Inc. and Aquestive Therapeutics, defendants Dr. Reddy’s Laboratories and Alvogen Pine Brook Inc. have been allowed to file a sham litigation claim. A New Jersey Federal judge asserted that the defendants sufficiently alleged that litigation was baseless, and it intended to stifle competition. The patents in question relate to opioid cessation drug Suboxone to which the patents are owned by Indivior.
IP News – August 25th
Patent Deals Slow Down in Q2
The first quarter of the year was a good one for Patent licensing deals for a lot of companies. However, according to data reports by AST the signing of new deals has slowed down in Q2. The highest contributors in Q2 for licensing deals come from semiconductor and pharmaceutical industries. The slump is attributed to the COVID-19 pandemic.
Christy Inc. Will Not Be Compensated
Following an inter partes review (IPR), Chirsty Inc., lost patent claims citing which Chirsty expected to get compensation. However, the Supreme Court of the US (SCOTUS) denied the compensation claim affirming the ruling of the Court of Appeals for the Federal Circuit (CAFC). The ruling was justified by stating that cancellation of patent after IPR by the Patent Trial and Appeals Board (PTAB) does not make the claimant eligible for any compensation from the United States.
GreatGigz Files Infringement Suit Again
In addition to previous patent infringement suits against Uber Technologies Inc. and Lyft Inc., GreatGigz Solutions, LLC has now filed a litigation against DoorDash, Inc. The patents claimed to be infringed upon by DoorDash relate to methods used for job searching and scheduling for the cab drivers. Plaintiff expects to receive declaratory judgement in addition to costs, fees, royalties, and other relief.
Introduction of IP Marketplace for Space Industry
The first patent and intellectual property marketplace for the space industry, Voyager Space IP Exchange (VSIPX) has been introduced by Voyager Space Holdings, Inc. The platform is meant to provide access to a range of space mission technologies to buyers and sellers. It will be possible for space companies to purchase or license available inventions and space technology solutions and cut down on research costs. The platform will also help in cutting down the chances of facing infringement litigations.
Ferring has the Court on its Side
In view of incorrect inventor name, Ferring Pharmaceuticals Inc. has been able to get a court ruling in their favour. In a patent validity case, the US District Court for the Southern District of New York ruled against Serenity Pharmaceuticals LLC as they listed the company executive as the sole inventor of the drug in question, Ferring’s Nocdurna. The judge stated that if the Serenity co-founder has any role in the invention it was done with help from scientists of Ferring, thereby invalidating the patents.
SomaCeuticals Signs Licensing Agreement for MS
SomaCeuticals Inc., a subsidiary of AngioSoma Inc. has announced the signing of a licensing agreement with 7 to Stand, Inc. for exclusive global rights of multiple sclerosis (MS) treatment patent. The US FDA’s approval and commercialization of the drug are to be taken up by SomaCeuticals.
SAS Ruling’s Effect on Approach to IPR Estoppel
According to expert opinion, the approach to inter partes review (IPR) estoppel has changed substantially following the Supreme Court of US (SCOTUS) ruling in the SAS Institute case against the US Patent and Trademark Office (USPTO) Director Andrei Iancu. It is observed that the application of estoppel was limited prior to the SAS case ruling. However, after the SAS ruling, the Patent Trial and Appeals Board (PTAB) now institutes IPR to all challenged claims rather than just the claims that are on strong grounds.
Xiaomi Joins the LOT Network
LOT Network, the alliance for protection from patent trolls, has signed on Xiaomi to be a member of the network. With Xiaomi owning hundreds of IP rights acquired from numerous sellers, it is the biggest smart phone business to join the network. The smart phone brand is now the latest addition to the network that also includes big names from the Chinese tech industry.
IP News – August 24th
CAFC Sides with Lower Court Against Inventor
An individual inventor Richard Sowinski filed a patent infringement suit against the California Air Resources Board, However, a lower court as well as the Court of Appeals for the Federal Circuit (CAFC) dismissed the suit. Sowinski alleged that the board infringed on his patents with the state’s cap-and-trade program. The case was dismissed on procedural grounds when the plaintiff did not respond to a motion to dismiss. The patents in question relate to a method to validate and trade pollution tax-control credits.
Surf Systems Patent Suit Settled
A patent infringement suit filed by Malibu Boats, LLC against Go Surf Assist, LLC has been settled by both parties as per a petition filed with the US District Court for the Western District of Texas. The settlement terms state the awarding of a one-time payment to Malibu Boats along with the signing of a license agreement for the payment of royalties for future sales by Go Surf.
CAFC to Decide on Eligibility of AI Inventor
In a unique case filed against the US Patent and Trademarks Office (USPTO), a petitioner has appealed to the Court of Appeals for the Federal Circuit (CAFC) claiming an error on the Board’s part in rejecting two patent applications that he helped file. The USPTO rejected the applications on the basis that the inventor of the patents is an AI System, DABUS. CAFC will now have to decide on the eligibility of AI systems as inventors for patent applications and give its ruling.
PTAB Disallows Patent Validity Challenge
Louisiana-Pacific Corp. (LP) filed a petition with the Patent Trial and Appeals Board (PTAB) to review the validity of patents owned by Huber Engineered Woods, LLC relating to structural sheathing systems. However, the board dismissed the appeal on grounds of precedent panel and guidance.
Patent Infringement Battle between W. R. Grace and Elysium
A patent infringement lawsuit has been filed by W.R. Grace and Company against Elysium Health for their dietary supplement Basis. The lawsuit has been filed with the Federal Court in Wilmington, Delaware. Grace expects to get reasonable cash compensation along with an injunction on unauthorized use of its inventions or damages for future infringement of patents if the injunction is not ordered by the court. It is claimed that Elysium wilfully infringed on the patents.
RenovoDerm to Face Patent Infringement Suit
Acera Surgical, Inc. announced filing of a patent infringement suit against RenovoDerm LLC and its related companies. The suit has been filed with the US District Court for the District of Delaware. Acera claims infringement of four patents relating to its nanofiber technology platform.
UC Davis Proves to be Guiding Force for Many Start-ups
It has been observed that patents owned by the University of California, Davis (UC Davis) are at the centre of a lot of start-up business agendas. The Vice Chancellor of Research at the UC Davis stated that partnerships with start-ups to license patent protected technology helps in contributing to the society as start-ups commercialize the technologies.
Novartis’ Response to Mylan’s Counterclaim
In response to Mylan N V’s counterclaim, Novartis AG has retorted that its participation in Europe’s orphan drug program now does not stop it from getting patent rights extension for the Exjade drug. The case revolves around Mylans’s plan to sell Exjade’s generic version drug.
UK Supreme Court Ruling May Affect FRAND Rules
In the case revolving around the use of 5G technology by communication, smart infrastructure and connected car companies, the expected ruling of the UK’s Supreme Court will have a huge impact on the fair, reasonable and non-discriminatory (FRAND) terms. The ruling is expected to be given on the 26th of August by the Supreme Court.
USPTO’s Premier Innovation and IP Training Event Held
The US Patent and Trademarks Office (USPTO) held its premier Innovation and IP Training event at the end of last week. In order to expand the understanding in patents, trademarks and other forms of IP, some of America’s top innovation and IP experts were assembled as stated by USPTO Director, Andrei Iancu. The event was hosted virtually in view of the COVID-19 pandemic.
New Online Services Platform Announced by IP Australia
IP Australia has announced commencement of the development of their new online services platform. The current platform is to be replaced by the new one to offer a modern and efficient digital experience to the users. The services will be gradually shifted to the new platform over a period of one year.
EU Commission Ensures Nothing Comes in the Way of COVID-19 Treatment
In view of the need of urgent treatment or vaccine for COVID-19, the European Commission has decided to register a European Citizen’s Initiative (ECI). The ECI will help in ensuring that patent and other IP rights do not get in the way of accessibility or availability of any COVID-19 treatment or vaccine in the future.
Nvidia All Set to Acquire Arm
There is a strong buzz in the market that Nvidia Corporation is all set to acquire semiconductor and software design company Arm Ltd., which is currently owned by Japan’s SoftBank Group Corp. If the agreement falls through, it is expected that Nvidia will become one of the strongest processor patent portfolio in the industry.
IP Festival Concluded in India
A virtual Gujarat IP Festival was conducted last week which was hosted by the Gujarat Council on Science and Technology’s (GUJCOST’s) Patent Information Center (PIC) in collaboration with CIPAM, Govt. of India. The aim of the program was to create and celebrate IP and IP culture in the society and business. It was held to encourage those who are inclined towards the development of IP and push them in the right direction.
IP News – August 21st
Launch of VVC Platform by HEVC Pool Leader
The CEO of HVEC Advance LLC (Advance), Peter Moller announced the release of a draft versatile video coding (VVC) licensing program overview. Notably, the licensing program would establish the “Advance Licensing Platform for Video Codecs.” Advance is planning to launch the platform license structure in 2021. The platform will allow additional next-generation video technologies to be added in the coming years. A change in the name of HVEC Advance to Access Advance LLC was also announced by the CEO.
CAFC Supports PTAB Ruling
In a new ruling, the Court of Appeals for the Federal Circuit (CAFC) affirmed the ruling of the Patent Trial and Appeals Board (PTAB). The CAFC stated that the PTAB did not violate constitutional rights of the plaintiff by invalidating patents. As per the Administrative Procedures Act, the plaintiff is not allowed to challenge the constitutionality of the PTAB’s actions.
Infringement Lawsuit Disallowed
In a unique case of patent infringement, a prison inmate in New Jersey has been disallowed to sue Western Digital Corp for infringing patents owned by the inmate. The Court of Appeals for the Federal Circuit affirmed the decision to refuse trial for the inmate citing the New Jersey ban on inmates to run a business without prior approval.
USPTO Cleared of Injustice Allegations
Individual inventor Gilbert Hyatt appealed against the US Patent and Trademarks Office (USPTO) alleging the office of rejecting all his patent applications. However, a US District Court cleared USPTO of the charges stating that the plaintiff’s applications were lengthy, complex, and interrelated which caused the agency to take time in processing the application.
Amendments on the Cards for Patent Tribunal Trials
Amendments to the rules of practice for Patent Office Tribunal trials are on the cards. The amendments are currently under review with the White House Office of Information and Regulatory Affairs. Once the US Patent and Trials Office (USPTO) receives a nod of approval from the Federal office, the amendments will be implemented. The amendments are to be applied mainly to the trials like the inter partes reviews (IPR) and post-grant reviews.
Non-Chinese Allowed to Take Patent Bar Exam
The Ministry of Commerce, China, has announcedthat non-natives of China will be allowed to take the exam for patent bar eligibility. Passing the exam will help candidates earn a patent agent qualification certificate and become partners or shareholders in Chinese Patent Agencies. In order to take the exam, the candidates must make a monetary investment along with being a permanent resident of China.
LED Incorporating Products Patent Suit Settled
A patent infringement lawsuit between Nichia Corporation and Kabushiki-Kaisha Jinwa has been settled mutually. The patent in question related to LED-incorporating products and was infringed upon by Jinwa. Jinwa agreed that the patents were owned by Nichia and opted for settlement by paying a sum to the patent owner. Read More at: https://www.ledsmagazine.com/company-newsfeed/article/14182062/nichia-patent-issue-regarding-lextar-ledincorporating-products-sold-by-jinwa-resolved
TCL’s Response to Ericsson’s Infringement Lawsuit
In response to opposition by Ericsson to a writ for certiorari filed by TCL Communication Technology Holdings, the latter has said that the move to oppose the appeal is a distraction tactic. TCL has appealed to the Supreme Court of the US (SCOTUS) to review the ruling of the Court of Appeals for the Federal Circuit (CAFC) on release payments in a patent infringement case that TCL had won against Ericsson.
BBHC Opts for Distress Sale of IP Assets
BBHC Inc., has announced the sale of its subsidiary MagneGas IP, LLC and its related IP assets. The transaction deal has been signed by BBHC with Taronis Fuels, Inc. Taronis now wholly owns the IP assets of MagneGas as opposed to the limited scope of licensing earlier and they will now have to pay royalties to BBHC only for five years for the patent portfolio, after which payments will be ceased.
TCM Inks Licensing Agreement
A licensing deal has been signed by TCM Limited with M/S Kakatiya Energy System Pvt. Ltd. and an individual Mr. P R Lakshmana Rao, S/o Late Sri P Rama Mohan Rao, who is the owner of the patent. The patent in question relates to ‘a device for automatic control of automobile head lamps’. The licensing partners Kakatiya and Mr. Rao will provide technical support to TCM as part of the terms of agreement.
IP News – August 20th
Arista Faces Lawsuit
Intellectual Ventures has been able to reaffirm its position in the world of intellectual property by moving to court with a patent infringement lawsuit against networking company Arista Networks. Intellectual Ventures has alleged that Arista infringed on at least three of its patents. The patents in question relate to template-based creation and archival of file systems and the lawsuit is filed in the District Court for the Western District of Texas.
USITC to Investigate Apple-Maxell Patent Dispute
It has been announced by the US International Trade Commission (ITC) that it will begin probe in the alleged infringement of patents by Apple Inc. Multiple patent infringement lawsuits have been filed by Maxell Holdings Ltd. against Apple, apart from the complaint filed with the ITC. The plaintiff has requested a limited exclusion order as well as an injunction on the import of infringing products by Apple. The patents in question relate to walking navigation, wireless communications and passcode unlocks including others.
Western District Court of Texas to Resume Jury Trials from September 1
It has been announced by a Judge of the District Court of the Western District Court of Texas that in view of the decline in COVID-19 cases, the court will begin trial proceedings from the month of September. The Chief Judge of the Western District had recommended putting off trials until the end of September, however it was also said that the trials may be started earlier if the senior district judge in the division deems it safe to do so. The other courts in the district have decided to put off the trials. It was stated by a law clerk that while trial proceedings in the court will start from September 1, there were no patent trials in the pipeline.
Read More at: https://www.law360.com/ip/articles/1302606
USPTO Director Gives Guidance on Basis for Granting Reviews
The Director of the US Patent and Trademark Office (USPTO) Andrei Iancu stated that use of patent applicant admissions cannot be used as a basis for accepting an appeal for an inter partes review (IPR) or validity trial. He elaborated that a challenged patent or any statements in it are not enough for filing an IPR.
US HHS Says No to Acquiring the Patent for Remdesivir through March-in Rights
In response to a letter written by 34 attorney generals to use march-in rights to overrule the patent for COVID-19 treatment drug Remdesivir, the Department of Health and Human Services (HHS) has clearly said ‘No’. The HHS has stated that the department may use march-in rights only for patent protected products that were owned by the Federal government. However, since the patents are owned by Gilead Sciences Inc. the march-in rights will not be used.
Mylan Launches Generic Drug Amidst Patent Fight with Biogen
Mylan N. V. has decided to go ahead with the launch of its generic version of Biogen Inc.’s multiple sclerosis drug Tecfidera after the ruling of a district court stating patent invalidity of a key patent of the drug. While Mylan is legally allowed to launch the generic drug, it will have to do it with added risk since the case has been appealed by Biogen and the ruling for it is pending.
Change Healthcare Acquires Cloud Based Imaging Platform Nucleus.io
Change Healthcare Holdings Inc. has announced the acquisition of Nucleus.io, an advanced medical imaging and cloud technology platform. The platform uses patent driven streaming technology, workflow and image sharing solutions which Change Healthcare may be able to use in expanding its own product offerings.
GE Draws Battle Plans in its Fight Against SGRE
In the patent infringement battle between GE Renewable Energy (GE) and Siemens Gamesa Renewable Energy (SGRE) , GE has now presented SGREwith two settlement options. One option is to opt for a licensing agreement to use the patents owned by GE and the other option is to face losses in sales due to infringement tariffs. GE hopes for SGRE to opt for the lesser of the options which will eventually help GE to earn a good sum in royalties.
Analysts’ View on Adcetris Patent Expiry
On the heels of the expiry of Hodgkin’s Lymphoma drug Adcetris’ patent, analysts have come up with their opinions about what happens after the expiry. The patents of the drug are set to expire in 2024 in the US and in Japan and EU in 2026 and 2027 respectively. It is stated by analysts that the expiry of the patents will lead to stagnation in the currently growing market. However, it will also open up avenues for a more competitive landscape with new companies seeking to enter the Hodgkin’s Lymphoma drug market. It is stipulated that a close competitor of Adcetris, Opdivo will take its place after the expiry with another, Keytruda, as a close competition for Opdivo.
IP News – August 19th
Nokia Gets a Win
Daimler AG, the owner of Mercedes Benz, has been found to infringe on patents owned by Nokia Corporation as ruled by a German court. The patents infringed upon relate to mobile technology in cars. As a result of the court ruling, the sale of Mercedes cars in Germany will be banned provided Nokia is able to show collateral of 7 billion Euros, which may be needed if the ruling is reversed after appeal and damages are ordered. Daimler has already filed an appeal to disqualify Nokia’s patent, with a separate court.
Lancium’s Patent Infringement Lawsuit
A patent infringement lawsuit has been filed by Lancium against Layer1, which is a company backed by Peter Theil of PayPal Holdings, Inc. Lancium is a parallel computing company and Layer1 is into Bitcoin Mining.
Online Workshop Announced
The availability of various online workshops has been announced by Intellectual Property India (IPI) for training on intellectual property rights. The program includes free as well as paid workshops which are to be conducted by RGNIIPM Nagpur. The workshops can be requested by organizations to be hosted on dates as per their own convenience.
Read More at: http://www.ipindia.nic.in/newsdetail.htm?694/
Xiaomi Inks a Deal
The Wilus Institute of Standards and Technology has signed an agreement for Xiaomi Corporation to acquire its patents. The assignment was recorded with the US Patent and Trademarks Office (USPTO). This deal helps the Seoul-based institute to enter into the Chinese markets to tap the market for standard essential patents (SEP) prospects.
Google Doesn’t Sound Convincing to PTAB
A prior art claim by Google LLC has been rejected by the Patent and Trial Board (PTAB) in a patent validity case against Realtime Adaptive Streaming LLC. The administrative patent judge (APJ) for the case was not convinced about Google’s argument that a key element in the patent is disclosed in an earlier invention. The APJ clarified that the argument was not supported by expert testimony which is why it could not be accepted.
Infringement Lawsuit Against NASA Contractor
An interplanetary patent infringement suit has been filed by Barnes & Thornburg LLP against a NASA contractor, AeroVironment, Inc. The plaintiff alleges infringement of patent used in the making of the Mars Helicopter by the unmanned vehicle manufacturer. Barnes & Thornburg expects treble damages if their claim is proven in court.
Patent Infringement Allegation Against Samsung
Garrity Power Services LLC has filed a patent infringement suit against Samsung with the District Court for the Eastern District of Texas. The lawsuit alleges that Samsung infringes Garrity Power Services’ patent relating to wirelessly charging a battery. It is also alleged that Samsung is wilfully infringing on the patent as it had been notified of the infringement in April 2019 by the plaintiff. The plaintiff seeks a declaratory judgement, monetary relief, an injunction on the infringing products, royalties, and damages.
Qualcomm Wants CAFC on its Side
Qualcomm Technologies, Inc. seeks support from the Court of Appeals for the Federal Circuit (CAFC) by asking it to affirm the ruling of the Patent trial and Appeals Board (PTAB) of patent validity. Qualcomm accuses Apple Inc. of trying to manufacture out a legal issue by ignoring important parts of the PTAB’s ruling. The patent in question relates to a way for mobiles users to toggle between multiple windows.
IP News – August 18th
Changes in Fee Bearing Paper Forms
The UK Intellectual Property Office (IPO) has announced changes in the way fee-bearing paper-based forms record the payments. The changes will be incorporated from the month of October. A single payment for each form will be levied which will help in reducing administrative burden for the applicants, reduce chances of incorrect payments and help the office provide better service.
IP Australia Celebrating Scam Awareness Week
IP Australia is celebrating the ‘Scam Awareness Week’ to help IP owners remain safe from scammers. In pursuit of spreading awareness, the IP office is teaming up with Australian Government agencies and offices and also recommends using the scamwatch website to learn more about protecting oneself.
Read More at: https://www.google.com/url?q=https://www.ipaustralia.gov.au/about-us/news-and-community/news/scams-awareness-week-2020&source=gmail&ust=1597818923921000&usg=AFQjCNGAbuXLhDF7F5cUruLTG8ODA6jekg
Infringement Lawsuit Costs Cochlear a Fortune
A patent infringement lawsuit loss has led Cochlear Ltd. to incur heavy business losses. The hearing device developer was facing a case of patent infringement against The Alfred E Mann Foundation for Scientific Research and Advanced Bionics. Cochlear believes the damages awarded are inflated out of proportion and has appealed for a review in the Supreme Court of the US (SCOTUS). Read More at: https://www.theaustralian.com.au/news/latest-news/hearing-implant-firm-cochlear-sheds-millions-in-us-litigation-case-loss/news-story/9d6776581cff4bcb7abea8cdb0b79c91
Bill Introduced to Keep Patent Licensing Companies in Order
A bill has been introduced in the US House of Representatives aiming to restrict the filing of lawsuits with the US International Trade Commission (ITC) by patent licensing companies. The bill is introduced to check the companies (plaintiffs) who abuse ITC’s power to ban import of patent infringing products.
Federal Judge’s Ruling on Glumetza
A Californian Federal Judge has accepted an anti-trust suit by a class of buyers of the diabetes drug Glumetza. The suit is filed against the monopoly and price hike created by blocking a generic version of the drug.
Apple Accused of Infringement
Apple Inc. has been dragged to court on charges of patent infringement by VoiceAge EVS LLC. The plaintiff alleges that Apple has infringed on five of its patents relating to low-bit rate speech and audio compression technology used with a wireless carrier. VoiceAge states that the technology is used in Apple’s iPhone 11.
Novartis Receives Favourable Ruling
Novartis AG has been able to get a win in a patent infringement suit that it filed against HEC Pharm Co., Ltd. Novartis’ claim mentioned the infringement of its patent by HEC in the manufacturing of generic drug of Gilenya. Novartis owns the patents for the drugs up till 2027 and the validity of the patents was also affirmed by the District Court judge. While Novartis had filed patent infringement lawsuits against several companies, most of them were settled with confidential agreements.
Cipla Teva Settle Claims
The anti-trust lawsuit between Cipla Ltd. and Teva Pharmaceutical Industries Ltd., is set to end in settlement. As per the settlement terms, Teva has stopped selling the generic version of calcium reducer drug Sensipar, which Cipla also manufactures. Sensipar is originally manufactured by Amgen Inc. The block on drug manufacturing by Teva is applied due to an anti-competitive patent deal.
China in the Lead in Patent Filing Race
As per data published by the World Intellectual Property Organization (WIPO), China has overtaken US in patent filing in the international arena. It has also been stated by the WIPO director general that more than half of all Patent Co-operation Treaty (PCT) applications are Asia-based. This is the first time that the US has lost its position as the number one patent application filer.
IP News – August 17th
China Patent Curve Flattens
As per the new intellectual property (IP) filing data released by the China National Intellectual Property Administration (CNIPA),patent filings have now stabilized. It is said that the filing in July were flat after a continuous upsurge in the preceding months. However, the filing data also states that the numbers are still higher as compared to the numbers in July 2019.
HEVC Patents Allegedly Infringed
HEVC Advance (Advance) has announced that certain patents relating to HEVC/H.265 technology have been infringed upon by Vestel Germany GmbH (Vestel) as well as Xiaomi Inc. and its subsidiaries. As a result, some patent owners in the said technology patent pool have filed separate infringement suits with the Dusseldorf Regional Court, Germany. It has also been announced that MAS Elektronik Aktiengesellschaft (MAS) has also become a licensee of the patent pool following a separate infringement battle.
Belcher in Prior Art Soup
Belcher Pharmaceuticals LLC has appealed to the Court of Appeal for the Federal Circuit (CAFC) that the District Court ruling of prior art in a patent validity case was incorrect. Belcher argued that it did not disclose prior art references to the US Patent and Trademarks Office (USPTO) as the inventor Darren Rubin did not deem it relevant to the claimed invention. The patent in question relates to an epinephrine injection obtained by Belcher.
SoftLab9 & CleanGo Join Forces
SoftLab Technologies Inc. has announced the receiving of the Health Canada COVID-19 site license for its target acquisition CleanGo GreenGo. This license – COVID-19 Site Licence has been issued for manufacturing and/or importing hand sanitizers as a temporary measure. It will be valid for the duration of the COVID-19 emergency response. Notably, the licence authorizes CleanGo to produce, package, label and import hand sanitizers, as defined in the Product Monograph.
SRAM Appeals for a Review
SRAM LLC, a bike parts manufacturer, has appeal to the Supreme Court of the US (SCOTUS) to review a ruling of the Court of Appeals for the Federal Circuit (CAFC) which vacated a patent validity ruling of the Patent Trial and Appeals Board (PTAB). SRAM claims that the CAFC wrongly vacated the PTAB’s ruling.
IP News – August 14th
Senator’s Letter to the USPTO
Senator Tillis has written a letter to the Director of US Patent and Trademark Office (USPTO) Andrei Iancu, suggesting the application of two administrative changes to improve the US patent system. The first proposed change is for applicants to clarify data to easily distinguish between hypothetical experiment results and real experiment results. The second proposed change is clearly mention ownership and to offer incentives for recording changes in patent assignment.
Moderna’s Patent Woes
Moderna Inc. has sent out a warning to its investors for expected losses in case the COVID-19 vaccine developer fails to attain regulatory exclusivity and broad patent scope on a potential vaccine. Moderna is currently working with AstraZeneca and University of Oxford to create the COVID-19 vaccine.
Oppo Huawei Draw Swords
European Patent Office (EPO) proceedings were filed by Huawei Technologies Co., Ltd. against Oppo and Xiaomi. The lawsuit filed by Huawei is for the patent rights acquired by the defendants from third parties. China has been shocked at the patent battle between the mobile brands at the EPO.
DOJ Responds to Lenovo’s Allegation
There has been a clarification by the US Department of Justice (DOJ) on the allegations levelled by Lenovo Group Ltd. against the DOJ stating that its views on intersection of competition law and intellectual property have ‘abruptly shifted’. The DOJ clarifies that its ruling in the patent case in favour of InterDigital is due to its evolving views on intersection of competition law and intellectual property.
Sonos Seeks Relief
Sonos Inc. seeks to have three of Google LLC’s patent infringement claims dismissed, as filed with the San Francisco Federal Court. The patent infringement suit by Google was filed as a counterclaim to a patent infringement suit filed by Sonos with the Federal Court and the International Trade Commission (ITC).
Biospyder Files for Civil Action
In response to a patent infringement suit by HTG Molecular Diagnostics, Inc., Biospyder Technologies has filed a civil action with the US District Court for the Northern District of California. The civil action seeks a declaratory judgement that the company does not infringe on any patent held by HTG. The patents in question relate to quantitative nuclease protection assay and sequencing improvements.
Provexis to Acquire Antihypertensive Patents
Provexis PLC has announced an outright purchase of antihypertensive intellectual property and patents from Invent2 AS. Notably,Invent2 is the technology transfer office of University of Oslo, which plays an important role in the research of Provexis’ Fruitflow.
KnectIQ & StealthCare join hands
Cyber Security innovator KnectIQ Inc. and StealthCare, LLC, a cybersecurity solutions provider, have joined forces to share patent protected and patent-pending technologies. The agreement is signed in view of providing improved threat intelligence response in the cybersecurity realm.
CAFC Upholds Sanctions on Infringement Claiming Duo
The US Court of Appeals for the Federal Circuit (CAFC) has upheld sanctions on a father-son team of doctors who claimed patent infringement by 300 companies in the field of medicine. The court considered the claims of the pro se litigant duo as ‘frivolous’. Litigants Nazir and Iftikhar Khan claimed patent infringement of patents relating to ‘a shunt that connects an artery to the right atrium of the heart’, allegedly infringed upon by numerous hospitals, physicians and even device maker Merit Medical Systems Inc. Read More at: https://www.reuters.com/article/ip-patent-fees/fed-circuit-upholds-sanctions-on-pro-se-doctors-frivolous-assertions-in-vascular-patent-case-idUSL1N2FF2N0
IP News – August 13th
Furthering the Arthrex Decision
The famed Arthrex case is gathering more attention with each passing day. Three more amicus briefs have been filed with the Supreme Court of the US (SCOTUS) to provide reasoning as to why the court should review the Court of Appeals for the Federal Circuit (CAFC) ruling of abolition of Administrative Patent Judges (APJ) tenure protection.
Qualcomm Ruling Reversed
Qualcomm Inc. gets relief in antitrust case filed by the Federal Trade Commission (FTC) as the US Ninth Circuit Court of Appeals reversed the ruling of a lower court. Qualcomm was taken to court for its practice of making phone makers sign a patent license agreement. While a lower court condemned the practice stating harm to consumers, the Circuit Court ruled that the practice did not undermine competition.
Virtual Event by IPOS
It has been announced by the Intellectual Property Office of Singapore (IPOS) that that IP Week event that it hosts will be held virtually this year. The focus of the event is set to be on role of IP and intangible assets in the midst of COVID-19 pandemic.
Apple Gets $500 million Rap
Apple Inc. has been ordered by a US Court to pay more than $500 million in damages to PanOptis for infringement of patents. After repeatedly failed attempts by PanOptis to get into a fair, reasonable and non-discriminatory (FRAND) agreement with Apple, it took the tech company to court over infringement of patents relating to 4G LTE Technologies.
Apotex & Bayer Bury the Hatchet
Bayer AG filed a patent infringement claim against Apotex Inc. for the generic version of its cancer drug Stivarga. However, the two parties have now filed for a settlement and a dismissal of the lawsuit, which is pending approval.
Parts of Injunction Paused in Patent Battle
Parts of injunction against China-based BGI Genomics have been paused by a US District Judge. The injunction was put as a result of a patent infringement suit between BGI Genomics and Illumina Inc. As the Federal Circuit mulls over whether the order restricted activities that did not infringe on any patents, the injunction is partially lifted.
ITOCO Inks IP Agreement
ITOCO Inc. and DATANet Software Development Corp. have entered into a licensing agreement which enables ITOCO to acquire the patent-pending technology for immutable virus test result verification and commercialization services. The agreement helps in strengthening the IP portfolio of ITOCO as per their statement.
Novome Expands Therapeutic Pipeline and Platform Capabilities
Novome Biotechnologies, Inc. has signed a licensing deal with Caribou Biosciences, Inc. for some of their microbial intellectual property for new therapeutic opportunities and the CRISPR-Cas9 IP to advance the development of preclinical candidates. The deal helps Novome expand their therapeutic pipeline and platform capabilities. While Novome will have complete charge of development, manufacturing and commercialization of product candidates covered by the deal, complete details of the agreement have not been disclosed yet.
Read More at: https://www.biospace.com/article/releases/novome-biotechnologies-expands-therapeutic-focus-and-platform-capabilities-with-acquisition-of-preclinical-projects-and-intellectual-property-from-caribou-biosciences-and-license-to-crispr-cas9-foundational-patent-portfolio/
PTAB Rules in Favour of Pfizer
In continuation to an earlier patent invalidity claim, two more of Sanofi-Aventis’ patent relating to Lantus SoloStar disposable insulin injection pen have been nixed. The ruling is made by the Patent Trial and Appals Board (PTAB) following a challenge by Pfizer Inc. The ruling is a double whammy for Sanofi-Aventis after some of its patent claims were deemed invalid earlier in the year.
IP News – August 11th
US Government Stuck in Patent Case Related to Computer Language
After the US Court of Federal Claims denied tossing the case, the US government failed to escape a patent lawsuit over a computer language that companies used to file reports with the Securities and Exchange Commission (SEC). Notably, Judge R. Holte rejected a government motion requesting dismissal of e-Numerate Solutions Inc.’s complaint on the grounds that the company’s patents included only abstract ideas.
CommScope Indicts Rosenberger for Infringement
CommScope Technologies LLC has filed a patent infringement case with the US District Court for the District of Delaware against Rosenberger Site Solutions LLC as well as its two related Chinese companies, Rosenberger Asia Pacific Electronic Co., Ltd., and Rosenberger Technology Co. Ltd. The plaintiff asserts that some cellular base station antennas produced by Rosenberger in China and sold in the US, infringe seven of CommScope’s patents related to its base station antenna inventions. Notably, these important technologies enable CommScope’s consumers to buildout high performance multi-band cellular networks.
SolarEdge to Challenge Huawei’s China Victory
SolarEdge Technologies, Inc., an Israeli power company, has announced that it will appeal against Huawei’s win in a patent infringement lawsuit that was filed with the Guangzhou IP Court in China. The court ruling had asserted that SolarEdge infringed on patents owned by Huawei, relating to inverter products.
Kingston Cannot Escape Jury’s $7.5M Award in USB Patent Lawsuit
A federal judge in California has rejected challenges related to a jury’s earlier ruling that Kingston Technology Co., Inc. ‘s USB flash drive with a “swivelling” cover violated Pavo Solutions LLC’s patent. Furthermore, the judge rejected the appeal to remove the jury’s USD 7. 5 million award. The Californian judge highlighted that that the earlier jury was presented with sufficient evidence to support its finding in favor of the South Korea-based Pavo.
Two-Month Delay in Apple and VirnetX Retrial
In the wake of
rapid spread of COVID-19 in Texas, a federal judge has ordered a two-month
delay in VirnetX’s retrial
against Apple Inc. over two patents related to
the program – “VPN On Demand”.
Apple had requested for a delay in the damages retrial, in which VirnetX had charged Apple of infringing four network security patents. Notably, the US District Judge R. Schroeder III approved Apple’s motion to delay the trial till October 26, 2020.
ITC Gets Ready for Virtual Hearings
The US International Trade Commission (ITC), which had stopped its face-to-face meetings in March due to COVID-19, will soon hold video hearings. ITC patent cases involve confidential business information. Therefore, the commission took time to choose a videoconference system that could keep such information secure. Now, ITC has settled on Cisco’s Webex Meetings, which will be used for the first time on August 19, 2020, for a claim construction hearing in Universal Electronics’ streaming media patent case.
CIPO Announces Final Extension of Deadlines in the Wake of COVID-19
In the wake of COVID-19, the Canadian Intellectual Property Office (CIPO) has been incrementally extending several patent, industrial design, and trademark deadlines that generally fall in the month of March. However, the CIPO has now announced a final extension of the end date to August 21, 2020. This essentially means that action must be taken on or before August 24, 2020. Some of the deadlines that have been extended include replying to examination reports, paying renewal and maintenance fees, etc.
Gilead Sciences Ramping Up Production of Remdesivir Through Deal with Pfizer
In order to tackle the COVID-19 pandemic, Pfizer Inc. has entered into an agreement for production of Gilead Sciences Inc.’s antiviral drug Remdesivir at a facility in McPherson, Kansas. Though the drug is promising, scarcity of remdesivir has made authorities ration its distribution to hospitals, which in turn has compelled hospitals to give the drug to only the most serious patients. Notably, Pfizer will provide contract manufacturing of remdesivir as part of a multi-year agreement. The financial terms of the deal have not been disclosed yet.
Advancing LADAR Technology Expected to Reduce Costs for Industries
A novel laser-based imaging system from the Air Force Research Laboratory’s Munitions Directorate, Florida is expected to improve 3D-imaging and mapping in everything starting from handheld devices to autonomous vehicles. This version of Laser Detection and Ranging (LADAR) technology will minimize cost, reduce weight and size of the current systems, enabled by natural range-dependent processes.
IP News – August 10th
SJM’s Views on India US Trade Deal
As per an address by the National Co- Convener of Swadeshi Jagran Manch (SJM), India ‘should not engage’ in the trade deal with the US on the grounds that we cannot fulfil all that Washington asks relating to Intellectual property rights, free-flow of data and e-commerce among other things. The Rashtriya Swayam Sevak Sangh’s (RSS) affiliate SJM opposes the trade deal in its current form.
Intel Strong and Kicking Despite Business hits
Looking at the Intellectual property portfolio of the chip-making company Intel Corporation it can be concluded that despite a lot of business lows, the company still has a great filing output increase. The increase in the company’s value can be credited to the IP portfolio that it holds with more than 65000 active patents.
AI for Making Medicines in the Time of COVID-19
With the COVID-19 drugs demand far surpassing the supply, it is becoming important to find new ways to bridge the gap. Researchers have now come up with the artificial intelligence method to help speed up the process of creating synthetic routes to manufacturing medicines. The AI method helps in creating new solutions of making existing drugs.
UK Urged to Allow for Compulsory Licensing
According to MPs and academics, the UK Government should consider allowing for compulsory licensing of the medicines that are useful in the COVID-19 treatment. As is the case with a lot of countries, there is pressure on the UK Government to consider compulsory licensing to make COVID-19 treatment more accessible as well as affordable for everyone.
Fee Changes on the Cards for IP Australia
After a thorough review of about 19 months, it has been announced by IP Australia (IPA) that changes to the IP-related services and products will be applied from the month of October this year. The changes are in order to recover costs of the IP services provided by the office.
Huawei Gets Favourable Ruling in Chinese Court
Huawei Technologies Co., Ltd. has been able to get a favourable ruling in a patent infringement lawsuit filed with the Guangzhou Intellectual Property Court in China. The court ruling asserted that SolarEdge Technologies, Inc. infringed on patents owned by Huawei, relating to inverter products. The ruling orders SolarEdge to stop infringing activities and pay $1.4 million to Huawei in damages.
Additional Patent Infringement Charges by Natera
In addition to an older lawsuit of patent infringement, Natera Inc. has filed another lawsuit against ArcherDx Inc. The suit claims infringement of a patent owned by Natera. Natera asserts that ArcherDx’s use and sale of some cell-free DNA-based oncology products infringe on its patent. The plaintiff expects to get injunction of infringing products along with damages from the defendant.
Apple’s Counter Suit against Koss
In reply to a patent infringement lawsuit filed by Koss Corporation, Apple Inc. has filed a counter claim of breach of contract and non-infringement of patents. The suits are filed with the US District Court for the District of Texas. Apple seeks a ruling of non-infringement and to enjoin Koss from its breach of Confidentiality Agreement.
Mylan Patents Asserted Invalid
A Full Federal Court of Australia affirmed an earlier ruling that Mylan N.V.’s Australian Lipidil patents were invalid. The ruling came as a result of a patent infringement claim that Mylan had filed against Sun Pharma ANZ Pty Ltd.
Remdesivir Alternative Controversy
An appeal has been made by the Consumer Advocacy group Public Citizen to the Federal Government to push Gilead Sciences Inc. to develop its alternative to Remdesivir, used in COVID-19 treatment. The group seeks to know why the alternative is not actively pursued when it can prove to be more affordable than Remdesivir.
Takeda Takes a Hit
In a patent infringement battle between Takeda Pharmaceuticals and Mylan N.V., the former has received a blow from the US District Court for the District of Delaware. Takeda attempted to stop Mylan from selling a generic version of its gout flares and familial Mediterranean fever drug Colcrys claiming breach of contract and infringement.
IP News – August 7th
Federal Circuit to Revisit Ford’s Win
In a new twist in the patent infringement case filed by Ford Global Technologies LLC, the defendants have appealed the Court of Appeals for the Federal Circuit (CAFC) to revisit its ruling of wilful infringement. The defendants New World International Inc., Auto Lighthouse Plus LLC and United Commerce Centers Inc. requested an en banc trial to revisit the ruling given by a three-judge panel. The infringement ruling invited attorney fees to be paid by the infringers.
Apple, Intel File New Complaint Against Fortress
Apple Inc. and Intel Corporation have decided to strike back in the patent infringement lawsuit with a reinforced complaint against Fortress Investment Group LLC. The amended suit is filed with the US District Court for the District of California by Apple and Intel, after their original complaint was dismissed last month for being too vague. The plaintiffs assert that Fortress indulged in anti-competitive patent aggregation scheme.
Philips Seeks Information in Phone Patent Case
In a patent infringement battle involving 3G and 4G LTE patents, Philips has requested a London court to order defendant TCL Corp. to provide sales data of the infringing technology. The data required may be used in the calculation of damages as stated by Philips’ lawyer. The damages calculation will be done on the basis of fair, reasonable and non-discriminatory (FRAND) terms.
Patent Infringement Lawsuit Against Samsung
Fresh on the block lens maker Asia Optical has filed a patent infringement lawsuit against Samsung Electronics. It is believed that the lens makers business will see a great push due to the high-profile lawsuit fuelling their business of supplying camera parts to smartphone manufacturers.
InterDigitial’s Revenue Increases, But Faces FRAND Battle
On one hand, InterDigital Inc. is embroiled in a patent dispute with Xiaomi involving fair, reasonable, and non-discriminatory (FRAND) complications; on the other hand, InterDigital has announced a growth in revenue in the second quarter. The growth in the revenue may be credited to the licensing deal that InterDigital signed with Huawei Technologies Co., Ltd. as stated by InterDigital’s CEO Bill Merritt.
Appeals on The Rise in PTAB
According to a new report, the number of appeals and patent challenges in the Patent Trial and Appeals Board (PTAB) are on the rise. While the COVID-19 pandemic has wreaked havoc, the rise in new filings for the months of June and July is nearly 40% each, as opposed to the same period last year.
Fitbit Win Affirmed
Fitbit Inc. has been able to clinch victory in its counterclaim of patent validity against Blackbird Tech LLC. A part of patent validity ruling by the Patent Trials and Appeals Board (PTAB) has been affirmed by the Court of Appeals for the Federal Circuit (CAFC). The patent invalidity claim was made by Fitbit to PTAB in defence of a patent infringement suit filed by Blackbird Tech.
Kawasaki Breathes a Sigh of Relief
A ruling by Patent Trial and Appeals Board (PTAB) was reversed by a US District Court in a patent infringement case against Kawasaki Rail Car Inc. The infringement lawsuit was filed by Scott Blair with the PTAB, claiming that Kawasaki infringed on the patent owned by him relating to covering screens used in message display system, advertising system and entertainment system for mass transit subway cars.
Roche Appeal Slammed
In an appeal by Roche Holding AG to revisit an original ruling of Court of Appeals for the Federal Circuit (CAFC), the court has rejected the possibility. The CAFC had ruled two patents related to DNA tests belonging to Illumina Inc. as valid. Roche’s subsidiary had requested an en banc trial to revisit the court ruling.
Biocept and Aegea Join Forces
Biocept Inc. and Aegea Biotechnologies Inc. have decided to ink an agreement to co-develop PCR-based COVID-19 assays. The tests are to be developed using patent protected technology ‘core switch-blocker’ owned by Biocept. Biocept will receive incremental revenues by sharing its patent protected technology in the making of the PCR assay.
Read More at: https://www.biospace.com/article/releases/biocept-announces-agreement-with-aegea-biotechnologies-to-develop-new-highly-sensitive-pcr-based-covid-19-assay-utilizing-patented-switch-blocker-pcr-technology/
Pirbright Patent Fact Checked
As per posts on social media, it was asserted that Pirbright Institute held patent rights to a vaccine against COVID-19. However, the truth is that the patent owned by Pirbright relates to a kind of a weakened coronavirus which could be used as a vaccine for prevention of respiratory diseases in animals.
IP News – August 6th
InterDigital’s Outrage at Amicus Brief
An amicus brief has been filed by a trade association in an on-going IP licensing lawsuit between InterDigital Inc. and Lenovo Group Ltd. However, InterDigital has requested the federal judge of the case to reject the brief on grounds that it allows Lenovo to indirectly add new arguments to the case and assert arguments that contradict assertions in another case.
Ericsson Supports Jury Decision on FRAND Rates
In a licensing deal case, Ericsson Inc. has told the Supreme Court of the US (SCOTUS) that it should not consider reversing a fair, reasonable, and non-discriminatory (FRAND) rate ruling by the Court of Appeals for the Federal Circuit (CAFC). The appeal to the high court on reconsideration of royalty rates was made by TCL Communication Technology.
Amarin Bypasses European Marketing Partner
Amarin Corporation has decided to do it all on its own by bypassing a larger marketing partner and launching its fish-oil derivative drug Vascepa, the patents to which they will attempt to salvage. While Amarin has received partner proposals, the company will retain product rights in view of significant sales potential.
Campinos and Iancu Announced IPBC Speakers
It has been announced that the US Patent and Trademarks Office (USPTO) Director Andrei Iancu and European Patent Office (EPO) President Antonio Campinos will participate as speakers in the IPBC Connect event hosted by IAM.
CAFC May Not Agree with Immunex
Immunex Corporation appealed to the Court of Appeals for the Federal Circuit (CAFC) to reconsider the ruling of the Patent Trial and Appeals Board (PTAB) of claiming Immunex’s patent invalid. However, the CAFC is sceptical about the claims of Immunex that the PTAB has erred in its ruling. The patent infringement case is between Immunex and Sanofi-Aventis for Immunex’s antibody patent.
3M Signs Deal with Mitsubishi Paper Mills
A new licensing deal has been signed between 3M Innovative Properties Co. and Mitsubishi Paper Mills Ltd. (MPM). The patent licensing deal is to share the metal mesh technology owned by 3M. 3M will earn royalties in return for sharing its patented technology.
Synchronoss Seeks Reversal
In a patent infringement battle between Synchronoss Technologies Inc. and Dropbox Inc., the latter was cleared of infringement charges by a Federal Judge. However, Synchronoss has now appealed to the Court of Appeals for the Federal Circuit (CAFC) seeking a reversal of the earlier ruling on grounds that Dropbox does not make, use or sell the system that is covered by the patents.
Good News for Bristol Myers
In an unconfirmed patent infringement ruling, it is believed that Bristol Myers Squibb (BMS) may be in for a big victory. The patent infringement battle was against generic drug makers Sigmapharm, Sunshine Lake and Unichem. The patents in question relate to BMS’ blockbuster blood thinning drug Eliquis.
Teva and Alvotech Partner Up
Teva Pharmaceuticals Industries Ltd. and Alvotech have gotten into an exclusive agreement for the commercialization of five biosimilar candidates in the US. The deal will help Teva in building its biosimilar portfolio. As per agreement terms, Alvotech will develop, register and supply biosimilars while Teva will commercialize the products. Apart from upfront payment and milestone payments, the two companies will also share profits earned from commercialization.
Efforts to Promote and Enforce IPR
The Telangana State Government has announced that a task force has been put into action to promote and enforce intellectual property rights (IPR) in the state. The Principal Secretary of IT, Industries and Commercealso stated that they hold IP innovators and creators in high regard. Other heads and leaders also expressed the efforts being put in by varied agencies to promote IPR.
Google Fighting to Get Reversal in Ruling
In a patent infringement case, Google LLC is facing allegations that its servers sitting on third-party shelves are agents of the company. The ruling is given by the US District Court for the Eastern District of Texas. Google has appealed to the Court of Appeals for the Federal Circuit (CAFC) against the district court’s ruling and has also requested a transfer of the patent lawsuit to California. The patent infringement case has been filed by Personalized Media Communications LLC against Google and Netflix infringing patents relating to video streaming technology.
IP News – August 5
3M and Cinotop Join Hands for 3M’s Metal Mesh Technology
A licensing agreement for sharing patent rights has been signed by 3M Innovative Properties Co. & Cinotop Electronics Co. Ltd. The deal allows Cinotop to make use of the metal mesh technology, the patent rights for which are owned by 3M. In return for the patent rights, 3M is entitled to earn royalties.
Teva Wins Patent Battle
In a patent infringement case filed by IBSA Institut Biochimique SA against Teva Pharmaceuticals USA Inc., the latter has achieved a favourable result. The Court of Appeals for the Federal Circuit (CAFC) affirmed the ruling of a lower court that parts of IBSA’s patent relating to a thyroid drug were indefinite.
Apple and Broadcom Lose Jury Trial
A jury trial ruled that Apple Inc. and Broadcom Ltd. infringed on patents owned by the California Institute of Technology (Caltech). The patents in question relate to data transmission with Wi-Fi chips and are owned by Caltech. While the infringement ruling is passed by the jury, decision on the appeal of doubling damages by Caltech is pending. The ruling on damages is left out until the inevitable appeal is completed.
ITC to Investigate Patent Infringement Claims by Nokia
Nokia Corp. (Nokia) has claimed patent infringement by Lenovo Group Ltd. (Lenovo), the investigation for which will be done by the International Trade Commission (ITC). The infringement claims relate to five patents around the H.264 video compression standard owned by Nokia. According to the allegation, Lenovo’s laptops, desktop computers and tablets infringe the said patents. Nokia seeks to get a block on import of the computers.
IP News – August 4
Amicus Brief Filed in Support of the US Government
As a support to the appeal by the US Government over the status of the administrative patent judges (APJs), Askeladden LLC has filed an amicus brief. The brief asks the Supreme Court to accept the government’s petition and clarify whether the APJs of the Patent Trial and Appeals Board (PTAB) are principal officers as per the Appointments Clause or inferior officers.
Abbott and Edwards Lifesciences Settle Patent Dispute
It has been announced that the patent infringement battle between Edwards Lifesciences Corporation and Abbott Laboratories has come to an end. The opposing parties have decided to bury the hatchet by signing a legal settlement. As per the deal, Abbott Laboratories will receive a sum of amount this month along with quarterly payments in the future. An injunction on one of Edward Lifescience’s products is also lifted after the settlement.
Horizon Seeks Review in Federal Circuit Ruling
Horizon Therapeutics USA Inc. (Horizon) appealed to the Supreme Court of the US (SCOTUS) to review a ruling of the Court of Appeals for the Federal Circuit (CAFC) about patent claim indefiniteness. The appeal claims that the ruling by the CAFC can risk many other valid patents. It is claimed that the ruling of indefiniteness by the three-panel judge was as a result of confusion about the language of certain patent claims.
Alacritech Inc. Gets a Silver Lining
The Court of Appeals for the Federal Circuit (CAFC) overturned part of a patent invalidity ruling by the Patent Trial and Appeals Board (PTAB). The CAFC ruled in favour of the patent owner Alacritech Inc. stating that the board did not support its findings in giving the ruling for some parts of the patent. The patent validity challenge against Alacritech was filed by Intel Corp. and Dell Inc.
USPTO Postpones Fee Hike
The plan to hike patent-related fees has been delayed by the US Patent and Trademark Office (USPTO). With the economic slowdown created by the COVID-19 crisis, it has been decided that hike in fees relating to patents will be implemented in October instead of August, as originally planned.
Apple on Shaky Grounds in China
A Chinese company Shanghai Zhizhen Network Technology has filed another patent infringement suit against Apple Inc. which could cost Apple $1.43 billion as damages to the plaintiff. The complainant claims that Apple has made use of patents owned by Shanghai Zhizhen Network Technology in the making of the virtual assistant Siri. The plaintiff also seeks a ban on Apple in China along with monetary damages.
CAFC Rules in Favour of 10x Genomics
In a patent infringement case between 10x Genomics and Bio-Rad Laboratories, Inc. an injunction on 10x Genomics’ patent infringing products was ordered earlier. In a new twist, the injunction order has been lifted off two of 10x’s products by the Court of Appeals for the Federal Circuit (CAFC).
IPR Applications on the rise in Madhya Pradesh, Indore Takes the Lead
Madhya Pradesh Council of Science and Technology has reported that Indore stood first in the list of cities applying for intellectual property rights (IPR) followed by Bhopal. It was also stated by the office head that the COVID-19 pandemic had driven people to innovation in various fields. Medicine and electronics were two areas that saw the most IPR applications from the state.
Read More at: https://timesofindia.indiatimes.com/city/indore/covid-boosts-innovation-indore-tops-trademark-patent-applications-in-madhya-pradesh/articleshow/77336628.cms?utm_campaign=andapp&utm_medium=referral&utm_source=native_share_tray
EPO Publishes Statistics for User Consultations on Guidelines
European Patent Office (EPO) has published a summary for user consultation on the agency’s guidelines. EPO reported that it has received about 150 responses in return for user consultations on EPC and PCT-EPO guidelines. The consultations relate to issues in the field of biotechnology and inventions implemented by computers.
Read More at: https://www.epo.org/news-events/news/2020/20200731a.html
Licensing Agreement between the UK Government and Oxford Nanopore
IP Group PLC’s investee Oxford Nanopore Technologies Ltd. has signed a licensing deal with the UK Department of Health and Social Care. The deal is for the development of LamPORE – a novel COVID-19 test, and better management of the pandemic.
VARTA and Samsung Settle Patent Dispute
A patent infringement suit filed by VARTA AG against Samsung Electronics has ended in settlement. Both parties have agreed on dismissing lawsuits against each other and VARTA will continue to supply rechargeable batteries for headsets from Samsung.
IP News – July 31
Siemens Aktiengesellschaft Signs Patent Licensing Deal with Monument Peak Ventures
Monument Peak Ventures (MPV) a subsidiary of Dominion Harbour Enterprises entered into a patent licensing deal with Siemens Aktiengesellschaft. Siemens is yet another big company that has been added to the expanding group of licensees for the MPV Kodak Digital Imaging portfolio. Further details of the licensing agreement have not been shared so far.
China Crosses Significant Threshold in Lifesciences IP Reform
Major IP Life sciences reform has been announced by China for the sector. The move has been made owing to the commitments made in the US-China Trade Agreement in early 2020. The reforms include introduction of a much sought-after patent linkage system (US-style) and patent term extensions.
Bill to Protect from IP Theft Proposed
A bill titled “Protecting America from Spies Act” has been introduced by some senators to protect the country from IP thefts. The bill proposes rejection of visas for entities that have indulged in IP theft or may pose a threat to the IP security in the country. It is further proposed that people related to the alleged thieves also be denied visas if the theft is carried out within the past 5 years.
Biogen Fails to Stop Mylan from Selling Generic Drug
Biogen Inc. filed an appeal with the US Court of Appeals for the Federal Circuit to block the sales of a generic version of Tecfidera by Mylan N.V. The appeal was made to put a temporary injunction while the patent lawsuit is on in the court; however, the appeal was not honoured by the court.
Antecip Loses Patent Validity
The Patent Trial and Appeals Board (PTAB) invalidated three patents of Antecip Bioventures relating to pain treatmenton the grounds of prior art. The ruling comes in favour of Grunenthal GmbH of Germany. Antecip had stated in its defence that Grunenthal did not do enough at institution stage to show that five publications qualified as prior art. This argument was shot down by the PTAB and the patents in question were invalidated.
Sonos and Lenbrook Settle Patent Infringement Battle
A licensing deal has been signed between Sonos and Lenbrook Industries for Sonos’ patents relating to high-resolution multizone audio systems. The licensing deal brings an end to the patent infringement lawsuit filed by Sonos. Under this settlement, Lenbrookwill pay royalties in return for license to Sonos’ patents.