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Four Mile Bay Sues Zimmer Holdings

Four Mile Bay, LLC recently sued Zimmer Holdings, Inc. in the United States District Court for the Northern District of Indiana. The complaint alleges that Zimmer Holdings’ hip implants, such as the “Trabecular Metal Primary...more

IP Newsflash - February 2015 #3

FEDERAL CIRCUIT CASES - Federal Circuit Throws Out $2 Million Award to Nvidia and Sony - Despite the Supreme Court's Octane Fitness decision making it easier to award attorneys’ fees, the Federal Circuit has...more

Federal Circuit Review - February 2015

More Deference to District Courts in Claim Construction - In TEVA PHARMACEUTICALS USA, INC. v. SANDOZ, INC., No. 13-854, the Supreme Court held that factual findings underpinning claim construction rulings are reviewed...more

Pom Wonderful Likely to Succeed in Infringement Claim Against “pom”-Branded Beverage - Pom Wonderful LLC v. Hubbard

The U.S. Court of Appeals for the Ninth Circuit reversed and remanded a district court decision denying a preliminary injunction motion in a trademark infringement action, holding that the district court committed clear error...more

No Presumption, but Inference of Irreparable Harm Permissible Under Lanham Act - Groupe SEB USA, Inc. v. Euro-Pro Operating LLC

Addressing interpretation of advertising claims when the packaging or label unambiguously defines a claim term and an inference of irreparable harm where the advertisements were literally false, the U.S. Court of Appeals for...more

It’s Not All Rainbows and Butterflies: YouTube’s Beauty Guru Fights Back Against Ultra Records

Michelle Phan is a YouTube celebrity and beauty guru and has garnered over 7 million subscribers and one billion lifetime views. However, not everyone is a fan of Ms. Phan. On July 16, 2014, Ultra International Music...more

Bernstein Shur Business and Commercial Litigation Newsletter #49

We are pleased to present the 49th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address patent infringement claims, erroneous termination of security...more

District Court Action Dismissed Without Prejudice Does Not Bar Filing of IPR Petition - Nautique Boat Co., Inc. v. Malibu Boats,...

Addressing whether a district court action dismissed without prejudice bars a filing of an inter partes review (IPR) petition under 35 U.S.C. § 315(a)(1), the U.S. Patent and Trademark Office’s (PTO) Patent Trial and Appeal...more

Prior Declaratory Judgment Action Fatal to CBM Petitioner - GTNX, Inc. v. INTTRA, Inc.

In a decision bringing four instituted covered business method (CBM) review proceedings to a full stop, the Patent Trial and Appeal board (PTAB or Board) reiterated that a petitioner’s declaratory judgment action filed before...more

Defense of Laches in Patent Cases to Be Reviewed En Banc - SCA Hygiene Products Aktiebolag, et al. v. First Quality Baby Products,...

The U.S. Court of Appeals for the Federal Circuit has order for en banc review of the defense of laches in patent cases in order to evaluate the impact of the Supreme Court’s laches decision in the copyright case Petrella v....more

Sandoz Inc. v. Amgen Inc.,

Case Name: Sandoz Inc. v. Amgen Inc., No. 2014-1693, 2014 U.S. App. LEXIS 22903 (Fed. Cir. Dec. 5, 2014) (Circuit Judges Dyk, Taranto, and Chen presiding; Opinion by Taranto, J.) (appeal from N.D. Cal, Chesney, J.) (A...more

Congress To Revisit Patent Litigation Reform With New “Innovation Act”

In January, the 114th Congress arrived in Washington, D.C., with Republicans controlling both the Senate and the House of Representatives for the first time since 2006. On February 5, 2015, a group of legislators launched a...more

Three things you need to know about the latest patent reform legislation

This year, just as he did last year, Rep. Bob Goodlatte (R-Va), introduced his Innovation Act legislation aimed at stopping abusive patent troll litigation....more

Amount of fees and non-taxable costs in exceptional case to be sealed

TNS Media Research, LLC (d/b/a) Kantar Media Audiences and Cavendish Square Holding, B.V. Case Number: 1:11-cv-04039-SAS - Following Judge Scheindlin’s finding this case exceptional, the parties stipulated to an...more

Has the "Inevitable Disclosure" Doctrine Found a Foothold in North Carolina?

Twenty years ago, the Seventh Circuit Court of Appeals in PepsiCo, Inc. v. Redmond, 54 F.3d 1262 (7th Cir. 1995) advanced the “inevitable disclosure” doctrine in trade secret misappropriation cases. The doctrine essentially...more

No Declaratory Jurisdiction Without Biosimilarity Application on File with FDA - Sandoz Inc. v. Amgen Inc.

Avoiding an interpretation of the Biologics Price Competition and Innovation Act (BPCIA), the U.S. Court of Appeals for the Federal Circuit invoked traditional case or controversy principles to affirm the dismissal of a...more

Biosimilars Update

Novartis came one step closer to becoming the first company to offer a biosimilar drug for sale in the United States. Last month, an independent panel voted 14-0 to recommend FDA approval of Sandoz’s (Novartis’ generics...more

Intellectual Ventures v. Symantec: Court Bifurcates and Stays Symantec's Patent Misuse Defense

Intellectual Ventures ("IV") filed a motion to bifurcate and stay discovery of Symantec's patent misuse defense. The district court agreed with Intellectual Ventures. "While the Court views IV's motion as essentially two...more

Findthebest.com awarded approximately $302K in attorneys’ and costs under 35 USC § 285

Lumen View Technology LLC v. Findthebest.com Case Number: 1:13-cv-03599-DLC Having denied Lumen View's motion for reconsideration of a finding that this case is exceptional...more

Protecting Trademarks and the Likelihood of Confusion Factor

A few years ago, I wrote a column addressing a case in which Pom Wonderful LLC sued Coca Cola Company in connection with the marketing of one of its pomegranate-blueberry juice products. That case dealt with whether one of...more

Damage Award Slashed as Court Finds Defenses Were Not Objectively Assessed - Stryker Corp. v. Zimmer, Inc.

Addressing the issue of willful infringement, the U.S. Court of Appeals for the Federal Circuit reversed the lower court’s finding of willful infringement and award of attorneys’ fees, finding that the defenses asserted by...more

Protegrity Loses Bid to Centralize in Connecticut Brendan Cox

The Judicial Panel on Multidistrict Litigation ordered nearly twenty patent cases pending across six districts (including Connecticut, Oklahoma, Oregon, Texas, and the Northern and Southern districts of California) and...more

In SEP Assertion Cases, Apportionment Trumps Entire Market Rule - Ericsson, Inc. v. D-Link Sys. Inc., et al.

Ericsson, Inc. v. D-Link Sys. Inc., et al. - The U.S. Court of Appeals for the Federal Circuit addressed a spectrum of issues surrounding industry standards for electronic devices that wirelessly access the internet,...more

District Courts Must Follow Georgia-Pacific & Seagate’s Instructions - Aqua Shield v. Inter Pool Cover Team, et al.

Addressing the analysis required to support both damages and willfulness, the U.S. Court of Appeals for the Federal Circuit vacated a district court’s damages calculation and determination regarding willfulness. Aqua Shield...more

Actual Notice Of Patent Application Is Required For Provisional Remedies

The parties do not dispute that the accused feature of defendant’s product was discontinued and could not have been used after January 2013 when the patent-in-suit issued. Plaintiff therefore cannot recover post-issuance...more

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