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Practice Considerations Post Teva v. Sandoz

In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., No. 13-854, slip op. 574 U.S. __ (2015), the U.S. Supreme Court ruled that underlying factual issues resolved while formally construing a disputed patent claim term at the...more

Teva and Its Potential Impact on Patent Litigation

The Supreme Court recently handed down its 7-2 opinion in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. The case involved a Federal Circuit review of a district court’s determination that Teva’s patent claims were not...more

Pro-Patent Coalition Writes Letter to the House and Senate Judiciary Committees

Last week, what is described as "a broad coalition" representing patent holders and inventors sent a letter to Representatives Bob Goodlatte (VA, 6th) and John Conyers (MI, 13th), Chairman and Ranking Member, respectively, of...more

Fox Broadcasting Company v. Dish Network LLC - USDC, C.D. California, January 12, 2015

Fox Broadcasting Company v. Dish Network LLC - USDC, C.D. California, January 12, 2015 - District court grants in part and denies in part cross-motions for summary judgment, finding that Supreme Court’s recent Aereo...more

Federal Circuit Issues an Opinion in 40 year Dispute over “Gore-Tex” Blood Vessel Graft Patent

(January 13, 2015)  The United States Court of Appeals for the Federal Circuit affirmed a lower court’s finding that W.L. Gore & Associates, Inc. (“Gore”) willfully infringed U.S. Patent No. 6,436,135 (“the ’135 patent”) . ...more

Patent Claim Construction Subject to Hybrid Review Standard

Teva Pharmaceuticals USA v. Sandoz, Inc., U.S. No. 13-854 (Jan. 20, 2015) - Answering the long debated question of what deference the Court of Appeals for the Federal Circuit should give in reviewing district court...more

In Battle Over Patents, Non-Signatory Ties Too Uncertain To Grant Motion To Dismiss

The District Court of Colorado recently denied Defendant Garmin International’s motions to dismiss and to stay pending arbitration, concluding that Plaintiff MSPBO was not bound by an arbitration agreement to which it was not...more

The Katten Kattwalk - Issue 06

In this issue: - “Google It”: The Search Engine’s Trademark May Be a Verb, But It’s Not Generic - You Say “Tom‘ah’to,” I Say “Tom‘ay’to”: Determining the Correct Pronunciation of Uniquely Coined...more

Trademark practice tip: Request Interlocutory Attorney attendance at discovery/settlement conferences in opposition proceedings to...

In trademark opposition proceedings the affirmative defense of failure to state a claim is commonly pleaded, yet it is often an inappropriate affirmative defense. Other affirmative defenses that are severely limited in...more

Why Did the Supreme Court GVR the Shire Lialda Case?

On January 26, 2015, the Supreme Court granted certiorari, vacated, and remanded Shire Development LLC v. Watson Pharmaceuticals, Inc., to the Federal Circuit “for further consideration in light of Teva Pharmaceuticals USA,...more

Omega S.A. v. Costco Wholesale Corporation - USCA, Ninth Circuit, January 20, 2015

In Depth - Relying on Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons, Inc., Ninth Circuit affirms summary judgment in favor of Costco, holding that “first sale” doctrine protects Costco from infringement...more

Supreme Court Tackles Tacking Question in Hana

On January 21, 2015, the United States Supreme Court in Hana Financial, Inc. v. Hana Bank, case number 13-1211, unanimously held that in cases (1) that go to a jury and (2) whose facts do not warrant either summary judgment...more

District Court Holds Plaintiff and Plaintiff's Attorneys Jointly and Severally Liable for Attorney's Fees and Costs After Finding...

After trial, HTC Corporation and HTC America, Inc. ("HTC") filed a motion seeking to recover attorney fees and costs from plaintiff's attorneys as well as from plaintiff Intellect Wireless, Inc. ("IW"). IW withdrew its...more

Let There Be Discounts! Copyrights Cannot Be Used To Control Importation Or Impair Competition

Who does not like a good discount? Well, manufacturers, like Omega, for one. Fortunately for consumers, in Omega S.A. v. Costco Wholesale Corp., (January 20, 2015, 11-57137) ___ F.3d ___, the Ninth Circuit recently affirmed a...more

SCOTUS Changes the Rules for Patent Claim Construction on Appeal

For almost 100 years, Canadian Courts have consistently held that the interpretation of a patent claim is a question of law. On appeal, claim construction is reviewed on a de novo basis, without deference to the judge's...more

In Rare Trademark Decision, Supreme Court Rules That “Tacking” Is A Jury Issue

On January 21, 2015, in its first substantive trademark case in over 10 years, the U. S. Supreme Court unanimously held that when a trademark owner attempts to establish priority based on an earlier use of a nearly-identical...more

For the Redskins, NFL Playoff Season Means. . . Constitutionality Questions?

The NFL playoffs aren’t the only big football news happening this month! The U.S. Department of Justice recently decided to intervene in the Washington Redskins trademark litigation over the constitutionality of certain...more

Magistrate Recommends Transfer to Georgia

There is a split of authority as to whether a transfer motion is dispositive or non-dispositive, the most recent authority in this district indicating it is non-dispositive. The court treats it as dispositive out of caution....more

Trademark Review | January 2015

Diageo Enforces Trade Dress Rights in its CROWN ROYAL Drawstring Bag - Diageo owns a registration for the mark CROWN ROYAL for whiskey. Diageo has sold its CROWN ROYAL whiskey in a purple drawstring bag for many...more

Newsletter: January 2015

In This Issue: - Main Article: ..EC Competition Law: Latest Developments Provide Ever Greater Opportunities for Private Enforcement - Noted With Interest: ..The Strategy of Lone Pine Orders: Timing...more

Objections To Magistrate’s Report And Recommendation Are Overruled

On December 19, 2014, the magistrate recommended that plaintiffs’ motion to enjoin defendant from maintaining a later-filed action in Massachusetts be granted, and ordered that defendant’s motion to transfer be denied....more

Court Rules On Jury Instructions Relating To Damages

The court finds defendant’s view of the entire market rule overly narrow and provides a cautionary jury instruction at the time plaintiff’s expert first references its theory of damages, and again as part of final...more

Claims Regarding Newly Accused Products Will Not Be Included In Trial Scheduled The Following Week

Two newly accused products will not be the subject of trial the following week but are excluded without prejudice for later consideration. The false marking “defense” is not a defense but only a limitation on damages....more

Protecting Polka Dots and Zebra Stripes Through Copyright: Eleventh Circuit Affirms Ruling that Boot Designs are Infringed (But...

A relatively common problem affecting the fashion industry is claims of copyright infringement over designs that appear on clothing and other merchandise. In particular, retailers create product overseas, unaware that a...more

Validity of Sequenom Patent Still to Be Decided

Although Sequenom has settled its dispute over U.S. Patent 6,258,540 with some parties, its case against Ariosa Diagnostics, Inc. remains active. Thus, we all should be waiting with bated breath to see whether the Federal...more

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