Moot on Appeal: Patentee’s Infringement Disclaimer Remove’s Challenger’s Ability to Appeal IPR

In a split opinion, the Federal Circuit has dismissed ABS Global’s appeal of its failed IPR trial — finding the appeal moot. U.S. Patent No. 8,529,161. The simple story here is that Cytonome sued ABS for infringement of the ‘161 patent but lost on summary judgment of non – infringement.  Cytonome did not pursue an appeal, and expressly “disclaim such an appeal.” Mean... »

alm media properties

Supreme Court Will Decide if Turnabout is Fair Play in Patent Law

The justices agreed Friday to review the doctrine of assignor estoppel, which says that an inventor can’t sell somebody patent rights and then later attack them as invalid. The Supreme Court is gearing up to enter a long-running debate on whether a person who sells the patent rights to an invention can later turn around and attack the patent’s validity. Source: ALM Media Properties, LLC »


China: Patent Protection: Defences – Options, Strategies, Procedures

Invalidity defence is one of the most commonly and firstly used defences made by a defendant in a patent infringement lawsuit. By the invalidity defence, two goals may be sought for i.e. having the patent invalidated completely or partly and making the claims of the patent to be limited further or narrowed down in scope and/or clarifying the protection scope of the claims of the patent. There is a... »

JD Supra

New Rules Will Help Patents Survive IPRs

The US Patent and Trademark Office (USPTO) has now made another rules change to counter the charge that it is a patent “death squad.” The upcoming change to the rules governing inter partes reviews (IPRs) and post-grant reviews (PGRs) will make patents easier to defend. The change takes effect on January 8, 2021. Under the new rule, the presumption favoring petitioners is eliminated. Any... »


The USPTO Patent Litigation Dataset

Many online services provide district court patent litigation dockets, documents, and associated patent numbers. However, none of these services offer comprehensive, hand-coded patent numbers and case types, plus full dockets and key documents (complaints, summary judgments, verdicts), downloadable in bulk at no charge and with no license restrictions. In examining litigation trends, many research... »

Law Business Research

The Future of Pharmaceutical Patent Litigation

The patent linkage system in Taiwan was introduced by an amendment to the Pharmaceutical Affairs Act on 29 December 2017, which adjudicates patent validity and infringement issues before the marketing of a generic or biosimilar product. Like the Hatch-Waxman system in the United States, patent linkage in Taiwan permits marketing approval of follow-on biopharmaceutical products only on condition th... »


Strategies Patent Defendants Use To Avoid Injunctions

Facing the threat of a patent lawsuit can quickly throw a company into uncomfortable and uncharted waters. Even if your legal team is confident that it can vindicate your legal rights, there is plenty of reasonable concern about how such allegations can significantly alter your prospects and the ability to conduct your business. The word “injunction” can create a special kind of fear a... »

Infringement of Intellectual Property

Defend Your Rights: Infringement of Intellectual Property

IP infringement is breaching of the protected work either by using, selling, and manufacturing or by exploiting it by any other means without formal permission of the rights owner. Counterfeiting and piracy are examples of IP infringement. Counterfeiting is the act when goods are adulterated to gain the benefit of the superior value of imitated products. Piracy is the unethical and unauthorized co... »