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IP License Patent Infringement Standing

Fish & Richardson

ITC Monthly Wrap-Up: January 2024

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This month’s ITC wrap-up focuses on an initial determination in an investigation regarding constitutional standing, which is a requirement at the Commission as in federal court....more

Dechert LLP

UK Court of Appeal rules on the rights of licensees to bring patent infringement claims

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The UK Court of Appeal has issued its judgment in one of the latest hearings in Neurim Pharmaceuticals v Generics (UK) relating to Neurim’s insomnia drug, Circadin. The Court of Appeal ruled that an exclusive licensee has...more

Knobbe Martens

No Standing in IPR Appeal for Sublicensee’s Speculative Royalty-Based Injuries

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MODERNATX, INC. v. ARBUTUS BIOPHARMA CORPORATION - Before Lourie, O’Malley, and Stoll.  Appeal from the Patent Trial and Appeal Board. Summary: Sublicensee’s theory of royalty-based injury was too speculative to...more

Knobbe Martens

No Standing for Second Bite at the Apple

Knobbe Martens on

APPLE, INC. v. QUALCOMM, INC. Before Newman, Prost, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Apple lacked standing to appeal an IPR decision upholding patents that Apple licenses from...more

Foley & Lardner LLP

. License Agreement Not Enough for Standing on Appeal of an IPR Apple Inc. v. Qualcomm Inc.

Foley & Lardner LLP on

In a precedential decision, the Federal Circuit held that Apple lacked standing to appeal from its loss as petitioner in a couple of inter partes reviews (IPRs) against patent owner Qualcomm. Background - Qualcomm sued...more

Haug Partners LLP

Federal Circuit Finds Insufficient Evidence to Establish Standing to Appeal IPR Decisions in Apple Inc. v. Qualcomm Inc.

Haug Partners LLP on

On April 7 2021, the Federal Circuit in Apple Inc. v. Qualcomm Inc., No. 20-1561, — F.3d —-, 2021 WL 1287437, *1, *5 (Fed. Cir. Apr. 7, 2021), held that Apple failed to establish standing to appeal inter partes review (IPR)...more

Haug Partners LLP

Threshold Issues, Misdirected Lawyering, and a Frustrated Federal Circuit

Haug Partners LLP on

The Federal Circuit, in an opinion by Judge O’Malley, did not hold back in expressing its displeasure in being asked to resolve a claim construction dispute in AntennaSys, Inc., v. AQYR Technologies, Inc. and Windmill...more

Faegre Drinker Biddle & Reath LLP

Lack of Co-ownership for Terminally Disclaimed Patents May Doom a Lawsuit and Result in an Award of Attorneys’ Fees

Can lack of co-ownership for a terminally disclaimed patent render your otherwise well-founded infringement lawsuit baseless, requiring you to pay your adversary’s attorneys’ fees? At present, the answer may depend on the...more

Bradley Arant Boult Cummings LLP

Substance Over Labels: Establishing Standing in Patent Infringement Suits - Intellectual Property News

The Federal Circuit’s decision last week in Lone Star Silicon Innovations LLC v. Nanya Technology Corporation, et al. (in addition to previous decisions from the court on this issue) emphasizes exactly how fact-specific the...more

Mintz - Intellectual Property Viewpoints

International Trade Commission Clarifies the Intersection Between Litigation Funding Agreements and Standing

On April 18, 2018, the International Trade Commission (“Commission”) reversed an Administrative Law Judge’s (“ALJ”) finding that a litigation funding agreement destroyed standing for a complainant at the ITC. In Certain Audio...more

Jones Day

Owning the Patent Isn’t Always Enough for Standing

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In a recent Initial Determination (“ID”), Administrative Law Judge Lord ruled that a patent owner did not have standing to sue without joining a third party to which certain rights had been transferred. Certain Audio...more

Womble Bond Dickinson

State Universities Gain Immunity from IPRs

Womble Bond Dickinson on

State Universities Gain Immunity from IPRs - Today, many universities own extensive patent portfolios that are managed by sophisticated tech transfer offices. Universities obtain these patents for many reasons, not the...more

McDermott Will & Emery

To Confer Standing, Assignment Must Transfer Entire Exclusive Right

Addressing the issue of standing, the US Court of Appeals for the Federal Circuit affirmed a district court’s dismissal of a patent case brought by an exclusive licensee, finding that the original assignee had not transferred...more

WilmerHale

Federal Circuit Patent Updates - June 2015

WilmerHale on

Apls South, LLC v. Ohio Willow Wood Co. (No. 2013-1452, -1488, 2014-1147, -1426, 6/5/15) (Lourie, Moore, Chen) - Chen, J. Vacating judgment and remanding with instructions to dismiss due to lack of standing. “Precedent...more

McDermott Will & Emery

Patent Owner Without Control of Licensee Has No Standing to Sue

Azure Networks, LLC v. CSR PLC - Applying patent licensor-licensee standing law to defendants’ motion to dismiss a plaintiff, the Federal Circuit affirmed the district court’s ruling that a patent owner had transferred...more

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