Category: United States Patent & Trademark Office
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Gallium nitride patent wars: China’s Innoscience claims “ultimate victory” in ITC litigation against EPC
The United States Patent & Trademark Office has invalidated the only remaining patent in a United States International Trade Commission dispute initiated by Efficient Power Conversion over gallium nitride patents, handing Innoscience a significant win.
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‘SEPs are life’ but finite resources, geopolitical circumstances put proposed EU SEP Regulation on ‘timeout’: European Commission’s Kamil Kiljański
Speaking at a SEP conference in Warsaw today, DG GROW IP deputy director Kamil Kiljański emphasized that the European Commission’s decision to withdraw its proposed SEP regulation was only on a “timeout” and that a large factor that contributed to this was a shift in geopolitical circumstances – in particular those in the U.S. and…
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Japan’s Nippon Shinyaku vows to fight on in U.S. drug dispute against Sarepta Therapeutics, despite heavy $115 million blow
The Japanese pharma company initiated the drug patent litigation in 2021, but the case eventually boomeranged and a District of Delaware verdict last week ultimately handed Sarepta the win.
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Chinese medical device makers settle six-year pulse oximeter litigation in the U.S.
Beijing Choice and Contec settled their patent infringement dispute for US$1 million, and the defendant has agreed not to sell its fingertip oximeters in the U.S. without signing a licensing agreement first.
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$847 million patent verdict against Verizon; Ericsson on extended receiving end of $583M part, fighting patent at PTAB jointly with Nokia
Context: Hardly a month passes without a non-practicing entity (NPE) obtaining a patent damages verdict in the hundreds of millions of dollars in U.S. district court (May 11, 2024 ip fray article). What’s new: On Friday (June 28, 2024), a jury in the Eastern District of Texas awarded NPE General Access Solutions $847 million over…
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Supreme Court casts USPTO into greatest legal uncertainty in its (at least modern) history: Loper Bright v. Raimondo
The Supreme Court has overruled a decades-old doctrine that entitled government agencies such as the USPTO to deference on legal questions concerning their governing statutes.
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USPTO Director gives another indication of U.S. opposition to EU SEP Regulation proposal
Context: Current as well as former U.S. government officials have repeatedly expressed concern over the proposed EU regulation on standard-essential patents (SEPs) and its potential impact on innovation and national security in the Western world. Earlier this month, ip fray reported on a memorandum signed by the United States Patent & Trademark Office (USPTO) and…
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USPTO, UKIPO formalize alliance on standard-essential patent policy, seeking to dissuade EU from regulatory excess — UPDATE: UKIPO denies advocacy objective
The patent offices of the United States and the United Kingdom yesterday signed a memorandum on standard-essential patent policy. One objective is to dissuade the EU from unhelpful regulatory overreach.
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More than 95% of Netlist’s $445 million jury verdict against Micron is based on patent claim invalidated by PTAB
Netlist obtained a $445 million damages award from a Texas jury yesterday, but he bulk of it ($425 million) is based on a patent claim the PTAB recently invalidated.
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Federal Circuit denies fee-shifting with respect to PTAB IPR despite infringement case being exceptionally weak
Two Federal Circuit judges decided (but a district judge sitting by designation disagreed) that challenging a patent-in-suit in the PTAB, even if the IPR petition is brought after an infringement complaint, cannot give rise to fee-shifting.