Work Area: Litigation

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Recent Chinese decisions are good news for life sciences patent enforcement

Early patent linkage decisions and a rare interim injunction are hopeful signs for IP owners

19 May 2022

Litigation funders like trade secrets cases and recent $2 billion verdict is one more reason why

If historical trends repeat, then Appian’s nuclear verdict against rival Pegasystems could lead litigation financiers to seek out more chances to fund trade secrets cases

18 May 2022

Five tips for CIPOs getting outside legal opinions on patent threats in the wake of the CAFC’s Roche ruling

Scott Daniels of Xsensus advises chief IP officers on how to make use of the Roche precedent, which grants a defence to induced infringement allegations based on non-infringement or invalidity opinions, but with caveats

17 May 2022

Moderna says US government on the hook to pay any royalties due to mRNA patent owners

The company claims any infringing uses of its vaccine are insulated from liability under compulsory licensing law

17 May 2022

Samsung’s “retaliatory” trade secret accusations against former IP chief reveal weak patent defence, court filing says

Seungho Ahn and another ex-Samsung lawyer, who are advising an NPE campaign against their former employer, say any dispute over trade secrets belongs in a Korean court, not a Texan one

17 May 2022

Five years ago, TC Heartland transformed the US patent litigation landscape

As the US patent venue precedent turns five, it’s clear the Eastern District of Texas lost top patent venue crown, and Delaware might not be the court to claim it due to upstart Western District of Texas

16 May 2022

Here's what Kathi Vidal should do about the PTAB’s “IPR troll” problem

After Senators Thom Tillis and Mazie Hirono wrote to the new USPTO director about alleged abuse of the IPR system, PTAB attorneys Kevin Laurence and Scott McKeown opine on actions the PTO must take to curb bad behaviour

12 May 2022

Why patentees should learn to love multidistrict ANDA suits

Recent US court decisions have had a seismic impact on venue selection in Hatch-Waxman cases. Faegre Drinker’s Alison Baldwin, Eric Friedman and Susan Sharko argue that this can be a favourable development for rights holders and a useful tool for cases in this area of the law

11 May 2022

Canny patentee leverages pre-suit mediation procedure to settle design infringement

A pre-litigation mediation procedure proved pivotal to bringing a civil lawsuit to a swift resolution, following field investigation and on-site notarisation to secure evidence of infringement.

11 May 2022

Unpacking China’s first patent linkage decision

Exclusive analysis based on the full text of the country’s first civil patent linkage judgment reveals how the Beijing IP Court handled the case and why the generic company prevailed

10 May 2022

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