Civil Procedure Intellectual Property

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Dynamic IP Addresses May Qualify as Personal Data

In a key decision, the European Court of Justice has ruled that dynamic IP addresses may qualify as personal data in certain circumstances—ending years of uncertainty about whether such fundamental building blocks of the...more

When Strategy Backfires: A Plaintiff Pays the Price for Dumping Too Much Information Into a Trade Secret Disclosure

Order Regarding Discovery Dispute Joint Report #1, VIA Tech., Inc. v. ASUS Computer Int’l et al., Case No. 14-cv-3586 (Magistrate Judge Howard Lloyd) - There is a tension in many IP cases between disclosure rules that...more

Litigation Alert: Ninth Circuit Adopts Broader Octane Fitness Standard for Attorneys’ Fees Awards under the Lanham Act

On October 24, 2016, the U.S. Court of Appeals for the Ninth Circuit after an en banc rehearing in Sunearth, Inc. v. Sun Earth Solar Power Co., LTD., adopted the Octane Fitness standard for determining whether a case is...more

The Katten Kattwalk - Issue 11

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Please see full Newsletter below for more...more

Octane Fitness and Highmark Apply to Ninth Circuit Attorney Fee Awards under the Lanham Act

On October 24, 2016, the Ninth Circuit Court of Appeals, sitting en banc, held that district courts analyzing a request for attorney fees under the Lanham Act should consider the totality of the circumstances, as set forth in...more

Federal Circuit Clarifies Pleading Requirements for Joint Infringement

Earlier this year, we discussed the potential ramifications of the December 2015 amendments to the Federal Rules of Civil Procedure on the pleading standard of infringement following the decision in Rembrandt Patent...more

ITC Section 337 Update – October 2016

Commission Suspends ‘939 Investigation Enforcement Pending PTAB Result - On July 21, 2016, the International Trade Commission (“the Commission”) issued a notice that it had found a violation of Section 337 in Certain Cinema...more

Intellectual Ventures I LLC v. Symantec Corp. -- Judge Mayer on the First Amendment

Decided September 30th, this Federal Circuit case is already making waves. The majority opinion seems to be at tension with the Court's outcome in BASCOM Glob. Internet Servs., Inc. v. AT&T Mobility LLC, but the real...more

The Location of Old McDonald’s Beehives Are Trade Secrets: Database Showing “Realistically” Ascertainable Locations Entitled to...

To qualify as a trade secret under either the UTSA or the DTSA, the information in question must not be “readily ascertainable” through “proper means.” But what does “readily ascertainable” mean?  If information is...more

District Court Concludes that Plaintiff Is Collaterally Estopped from Asserting Two Related Patents After Court in Another...

In this patent infringement action, the Defendant moved for dismissal based on collateral estoppel and Alice contending that a prior district court had found the patents invalid for lack of patentable subject matter. Before...more

Janssen v. Celltrion: Janssen Appeals Judgment Invalidating the ’471 Patent

As we previously reported, on September 26, 2016, the district court in Janssen v. Celltrion entered partial final judgment that the ’471 patent, asserted by Janssen, was invalid. Today, Janssen filed a notice that they are...more

Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc. (Fed. Cir. 2016) - Federal Circuit Denies Petition for Rehearing in...

One of the aspects of inter partes review that differed from other post-grant review proceedings before the Board of Patent Appeals and Interferences (succeeded by the Patent Trial and Appeal Board) is a requirement for...more

Congress Made a Rock So Heavy that the Courts Can’t Pick it Up

In Medtronic, Inc. v. Robert BoschHealthcare Systems, Inc., [2015-1977, 2015-1986, 2015-1987] (October 20, 2016), the Court of Appeals for the Federal Circuit reaffirmed its earlier order that the PTAB’s vacatur of its...more

PTAB Upholds Stay of IPR Pending Review by Supreme Court

A Patent Trial and Appeal Board (PTAB) panel upheld a stay of co-pending inter partes review (IPR) proceedings pending a decision on the patent owner’s petition for writ of certiorari....more

Substantial Evidence Supports Determination of Reasonable Expectation of Success

In In re Efthymiopoulos, [2016-1003] (October 18, 2016) the Federal Circuit affirmed the PTAB decision that the claimed invention relating to the administration or an anti-influeza drug “by inhalation through the mouth alone”...more

PTAB Decision To Terminate IPR Proceedings After Institution Is Not Appealable

Medtronic, Inc. v. Robert Bosch Healthcare Systems, Inc., No. 2015-1977 (Fed. Cir. Oct. 20, 2016) - Applying the Supreme Court’s interpretation of the AIA’s provision making inter partes review institution decisions...more

Kullberg v. Pure Flix Entertainment LLC - USDC, C.D. California, October 12, 2016

District court dismisses screenwriters’ copyright infringement suit against Christian film “God’s Not Dead” for lack of substantial similarity to plaintiffs’ screenplay. ...more

District Court Denies Motion for Preliminary Injunction Where Inter Partes Review ("IPR") Pending on Claims from Different Patent...

In earlier patent infringement litigation, the Plaintiff sued DNA, LLC ("Ancestry") in the District of Delaware ("Delaware litigation") alleging infringement of U.S. Patent Number 8,221,381 (the "'381 patent")....more

Perdiemco, LLC. v. Industrack LLC (E.D. Tex. 2016)

In the U.S. District Court for the Eastern District of Texas, in a case captioned Perdiemco, LLC. v. Industrack LLC, the Court found some patents having method claims directed to "conveying user location" to be...more

TCA TV Corp. v. McCollum - USCA, Second Circuit, October 11, 2016

Second Circuit rejects fair use defense in copyright action brought by Abbott and Costello heirs for use of comic duo’s “Who’s On First?” routine in play “Hand to God,” but affirms dismissal on grounds that plaintiffs failed...more

UPDATE: Mylan Files Amicus Brief in Support of Apotex’s Petition in Amgen v. Apotex

Earlier this week, we reported on the amicus curiae brief filed by the Biosimilars Council in support of Apotex’s petition in Amgen v. Apotex. Mylan Pharmaceuticals Inc. has also filed an amicus brief in support of...more

Claims for a New Abstract Idea are Still Claims to an Abstract Idea, Invalid under §101

In Synopsis, Inc. v. Mentor Graphics Corporation, [2015-1599] (October 17, 2016), the Federal Circuit affirmed summary judgment that claims of U.S. Patent Nos. 5,530,841; 5,680,318; and 5,748,488 were invalid under 35 U.S.C....more

Federal Circuit Finds Three Intellectual Venture’s Patents Invalid under the Mayo/Alice Framework

The Federal Circuit recently decided a case concerning three patents owned by Intellectual Ventures I LLC (“IV”). Intellectual Ventures I LLC v. Symantec Corp., Case Nos. 2015-1769, 2015-1770, 2015-1771 (Fed. Cir. Sept. 30,...more

Judge Sullivan Holds “Substantially” the Same is Close Enough for Collateral Estoppel

On September 30, 2016, District Judge Richard J. Sullivan (S.D.N.Y.) granted the defendants’ motion to dismiss, holding one of the two asserted patents invalid under principles of collateral estoppel. Plaintiff Joao...more

An Inflectra Update -- Pfizer Announces Launch of REMICADE® Biosimilar

On April 5, 2016, the FDA approved Celltrion's application to market a biosimilar to Janssen Biotech Inc.'s REMICADE® (infliximab) anti-TNF-a antibody (see "FDA Approves Inflectra - Celltrion's REMICADE® Biosimilar"). ...more

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