As a result of globalization, the current manufacturing and importation process has become enormously complicated and creates considerable challenges for
patent owners seeking royalties or compensation at all levels of the manufacturing and distribution chain.
As a result,
a patent owner seeking to amend claims at a minimum is required to present evidence that the proposed amendment must responds to a ground of unpatentability involved in the trial and does not seek to enlarge the scope of the claims or introduce new matter.
Not exact matches
Waymo is suing and
seeking damages from Otto and its
owner, Uber, for allegedly stealing trade secrets, unfair competition and
patent infringement.
Although direct
patent infringement is a strict liability claim,
patent owners frequently
seek to establish that the infringement was «willful» in order to qualify for enhanced damage awards.
Most
patent owners to date have been unsuccessful in
seeking permission to file amended claims.
The Board was critical of General Plastic's strategy, which essentially
sought a second bite at the apple in
seeking review, using arguments formulated based on the
patent owner's response to the initial petition and the Board's reasoning in denying institution on those petitions.
One thing is certain, the Supreme Court's ruling will have a significant impact on a
patent owner's ability to
seek appellate review of a PTAB decision to institute an IPR proceeding.
allow
patent owners to submit expert declarations or other new testimonial evidence, with their preliminary response to a petition
seeking institution of an AIA review;
In Case C - 170 / 13 Huawei Technologies Co. Ltd v ZTE Corp & ZTE Deutschland GmbH, (Judgment of the 5th Chamber, CJEU, 16 July 2015) the CJEU was asked to rule for the first time on whether
seeking an injunction and other associated remedies by the
owner of a Standard Essential
Patent (SEP) against a company in breach of the patent (but one willing to become a licensee) can amount to an abuse of a dominant position in breach of EU competition law (Article 102
Patent (SEP) against a company in breach of the
patent (but one willing to become a licensee) can amount to an abuse of a dominant position in breach of EU competition law (Article 102
patent (but one willing to become a licensee) can amount to an abuse of a dominant position in breach of EU competition law (Article 102 TFEU).
While this decision does not affect design
patent damages based on the
patent owner's lost profits or a reasonable royalty, it is likely to limit the desirability of
seeking the infringer's profits under 35 U.S.C. § 289 in some cases, primarily those involving designs on portions of products.
In the short term, the decision is likely to make it easier for
patent owners to
seek limited claim amendments in AIA proceedings, but the court invited the USPTO to implement rules allocating the burden of proof through future rulemaking.
The Wi - Fi One decision creates an opportunity for
patent owners to
seek review of PTAB institution decisions when the petitioner may be barred from filing an IPR petition due to a prior infringement action.
Similar to other post-grant proceedings, a party who is not the
patent owner and has not previously filed a civil action
seeking a declaratory judgment of invalidity, may petition for Post-Grant Review of one or more claims.
An Alabama law firm is
seeking damages for every
patent owner who's had one or more claims invalidated during America Invents Act proceedings.