Sentences with phrase «by the patent holder»

The policy — in the form of first Office Actions on a series of applications for patents on expressed sequence tags, ESTs — could greatly complicate basic gene therapy research by substantially allowing patents for small sequences of a gene that may later be used by the patent holder to corner ownership and uses of entire genes.

These are blockbuster drugs and pay - to - delay agreements made by the patent holder may ward off the entry threat by other potential challengers.

«When we learned this Long QT test had been denied because a patent letter had been sent by the patent holder to the Ontario government, that seemed to be a situation that could merit some action.»

The problem is infringers, and it began by financially empowered corporations who, rather than settle or license what is rightfully owner by a patent holder, throw endless dollars at attorneys in order to ultimately drain inventors to where they can not protect the IP rights endowed to them.

Right away, VP8 got attacked by patent holders for allegedly violating patents related to video compression and other technologies that are part of the competing H. 264 video codec.

At the very least, make it illegal to sue over a patent that is not being used by the patent holder.

Let's just make it illegal to own patents that are not being used by the patent holder.

Move and NAR have long argued that no infringement occurred because the industry's use of mapping technologies didn't follow the steps laid out by the patent holder.

Not exact matches

Worse still, the total median awards to trolls is now nearly twice as high as those to legitimate patent holders, whose median reward fell about 30 % to $ 4 billion, according to a 2013 report by PriceWaterhouseCoopers.

There is a great deal of effort being put forth by the owners / patent holders / royalty beneficiaries to market and sell it at grossly inflated prices.

In some countries, in countries that are lower priced, it might be a case that the patent holder can only secure the patent in that country if they sell for an arbitrary price set by that country.

Taking 2010 as the starting point, the government pledges to almost double the representation of Ph.D. - holders among the population age 25 to 34 by 2020 and increase research employment from 11.8 % to 16 %; raise to 10 % the share of publicly - funded Spanish papers ranked among the top 5 % of the most cited publications globally; increase Spain's share of European Union research funds, including a 90 % increase in the number of so - called Starting Grants from the European Research Council; boost the number of patent applications by 50 %; and raise the national percentage of innovative companies from 18.6 % to 25 %.

Members further acknowledge and agrees that also other third party data published on the FilmOn website or otherwise made available in combination with the Services may also be copyright protected or otherwise protected by intellectual property rights and members undertake that he or she will not copy or otherwise use such data without the rights holder's consent or otherwise complying with the relevant law (e.g. Section 70 of the Copyright, Designs and Patents Act)

By creating a sort of patent marketplace, current patent - holders interested in selling their intellectual property rights can open a dialogue with Google (who just might be interested in buying it).

While Amazon likes to obfuscate this fact, the underlying black and white electronic ink display in the Paperwhite isn't made by Amazon, but its old partner (and holder of many patents on the technology) E Ink.

The Washington state - based company is among nearly two dozen video game companies, including Electronic Arts Inc. and Disney Interactive Studios, targeted in an infringement suit brought by animation patent holder McRO Inc..

In fact, it has been suggested that patent holders could take a similar approach to copyright owners — in this case by suing the manufacturers of the printers and the (re) sellers of CAD blueprints on the basis of contributory infringement.

Since only a small minority of all cases in which someone wields a patent against someone else end up in court (most of the time, an agreement is negotiated), the harm suffered by third parties may even outweigh the issues patent holders have to deal with.

Instead, UK patent - holders would be stuck with the existing way of enforcing patents by going through each national court.

If functional elements such as rounded corners (everyone carrying a phone in a pocket would agree that they have a practical benefit) were deemed to be «owned» by a design patent holder, juries could easily identify «infringements» where there aren't any, or they could consider design patents valid when the only relevant characteristics — the ornamental features — are not new.

Pay - for - delay («PFD») agreements are agreements that are intended to delay the market entry of generic manufacturers with generic drugs in exchange for payments made by original pharmaceutical producers (i.e., holders of patents for an original branded drug).

115 (1) The issuance of a certificate of supplementary protection grants the certificate's holder and their legal representatives, during the certificate's term, the same rights, privileges and liberties that are granted by the patent set out in the certificate, but only with respect to the making, constructing, using and selling of any drug that contains the medicinal ingredient, or combination of medicinal ingredients, set out in the certificate, by itself or in addition to any other medicinal ingredient.

But Heinze also points to a post by The Patent Prospector noting that, in praising these universities for their advances in technology, Under Secretary of Commere for Intellectual Property Jon Dudas «failed to point out that these universities are what's been derisively termed «patent trolls»: like spiders in their webs, patent holders that don't practice their own inventions, instead lying in wait to ensnare unsuspecting companies who infringe their patents.&Patent Prospector noting that, in praising these universities for their advances in technology, Under Secretary of Commere for Intellectual Property Jon Dudas «failed to point out that these universities are what's been derisively termed «patent trolls»: like spiders in their webs, patent holders that don't practice their own inventions, instead lying in wait to ensnare unsuspecting companies who infringe their patents.&patent trolls»: like spiders in their webs, patent holders that don't practice their own inventions, instead lying in wait to ensnare unsuspecting companies who infringe their patents.&patent holders that don't practice their own inventions, instead lying in wait to ensnare unsuspecting companies who infringe their patents.»

On the one hand, Standard Setting Organizations (SSOs) have been exploring changes to their licensing policies, in particular in relation to the commercial implications of FRAND pledges given by holder of Standard Essential Patents («SEPs»).

You may award compensatory damages only for the loss that [the patent holder] proves was more likely than not caused by [the alleged infringer]'s infringement.

State tort claims based on enforcing a patent, including for tortious interference, are preempted by federal patent laws, unless the claimant can show that the patent holder acted in bad faith.

The literature suggests that, because of fears of jury bias, foreign patent holders are less likely to sue in the United States than are domestic patent holders; when they do, they put forward only their strongest patents.4 While jury bias is a serious problem, it is made worse by venue rules that limit actions to the jurisdiction in which the infringer is either incorporated or «has committed acts of infringement and has a regular and established place of business.»

Although the PTAB and district courts are not strict alternatives to each other (in the sense that district court actions are generally filed by the patent - rights - holder, while PTAB proceedings are instigated by the would - be accused), the correlation between PTAB's rise and the district court's lag seems too strong to ignore.

Patent holders previously made such claims in order to delay the onset of competition from generic drug manufacturers, by preventing or delaying FDA approval of a generic manufacturer's Abbreviated New Drug Application (ANDA).

They assert that the behavior of these patent holders is distinct from the behavior of operating companies that create products and services based on innovation covered by a patent.

In recent years, decisions by the U.S. SupremeCourt and other developments in the law have circumscribed the once broad protection afforded to patent holders as well as remedies available to patent holders.

As a result of online e-commerce marketplaces, such as Amazon, eBay, and Alibaba, beginning to enforce design patent rights asserted by design patent holders without the benefit of any type of judicial or administrative review, allegedly infringing products are being taken down from the online marketplace without formally engaging in design patent claim construction.

The patent reform bill approved today by the House has the overwhelming support of a broad cross-section of America's economy, including businesses, consumers, inventors, investors, and patent holders.

A patent holder should be allowed to exclude if they use their own patent, or optionally collect a license from a pool setup by the government, like the music industry.

Similarly, by some estimates the average smartphone leverages more than 200,000 active patents from more than 30,000 patent holders, the largest being a handful of companies like Qualcomm, Ericsson, and Nokia, all of which have been willing to license their patents to all smartphone OEMs.

By allowing patent holders to test and revise their own claims and by allowing concerned third party requesters to challenge problematic patents, reexaminations provide an avenue outside of litigation to address dubious patentBy allowing patent holders to test and revise their own claims and by allowing concerned third party requesters to challenge problematic patents, reexaminations provide an avenue outside of litigation to address dubious patentby allowing concerned third party requesters to challenge problematic patents, reexaminations provide an avenue outside of litigation to address dubious patents.

Skeptics, however, have told me the antitrust argument may not work because patents are, essentially, official monopolies granted by the government — which makes it hard to accuse a patent holder of being anticompetitive.

«We know that VP9 incorporates patented technologies of patent holders that are not part of AOMedia, including some of the patents being licensed by Velos Media for HEVC.»

This provision does not prevent a legitimate patent holder from protecting its invention; in fact, it makes it easier by consolidating its claims into one forum.

The EFF also asserts that bad patents threaten free expression by allowing the patent holder to threaten anyone using the technology for any purpose, whether or not the use causes any harm to the patent holder, is used for non-commercial purposes, or the user had any idea they were even...

Intellectual Ventures was created by Microsoft executive Nathan Myhrvold and has emerged as one of the largest non-practicing patent holders over the past 10 years.

A high - quality, well - functioning patent system means that holders of valid patents can be secure and confident in their intellectual property, and that small businesses targeted by invalid patents do not have to risk bankruptcy to defend themselves.