General Business Intellectual Property Science, Computers & Technology

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Federal Circuit Narrows Patent Exhaustion Doctrine - Helferich Patent Licensing, LLC v. The New York Times Co.

Addressing the scope of the judicially created doctrine of patent exhaustion, the U.S. Court of Appeals for the Federal Circuit reversed a lower court’s summary judgment of non-infringement, finding that patent exhaustion...more

Denied Again: FDA Denies Amgen’s Citizen Petition Requesting Certification of Compliance with BPCIA Patent Dance

As discussed previously in Next Steps in the Dance: Amgen Files Citizen Petition at FDA Requesting Mandatory Compliance with BPCIA Patent Procedures, Amgen Inc. (“Amgen”) filed a Citizen Petition with the FDA requesting that...more

Free and open source compliance: action steps

Versata Software, Inc. learned the high cost of failing to manage the use of free and open source software (FOSS) in its proprietary DCM software: its routine attempt to terminate a license for its DCM software exploded into...more

Falling prices at the pump put a premium on energy IP

Crude oil prices, which have declined over 60 percent in the past six months, are at recent record lows. The impact of the price decline is being felt throughout the energy sector. Commentators agree that with few exceptions,...more

Court Strikes Expert Opinions, No Punishment Intended

Order Granting Takeda’s Motion to Strike, Takeda Pharmaceutical Co. LTD., et al., v. TWi Pharmaceuticals, Inc., Case No. 13-cv-02420-LHK (Judge Lucy H. Koh) - The Northern District Patent Local Rules are specifically...more

IP Newsflash - March 2015 #3

FEDERAL CIRCUIT CASES - Federal Circuit Reverses $61 Million Judgment Based on Erroneous Claim Construction - Despite the Supreme Court’s recent Teva v. Sandoz decision that factual findings by a district court...more

Website Terms of Use. You Need Them. Here's Why...

Terms of Use (TOU) are, in effect, a contract between the users and the provider of a website. In the “olden” days (like 1992!), when websites were static and information was simply transmitted from the provider to the user,...more

New Canadian Law Strengthens Plant Breeders’ Rights

In Canada, plant breeders’ rights are a form of intellectual property under the Plant Breeders’ Rights Act of 1990. The intent of the 1990 act was to encourage plant breeding in Canada by strengthening the protections for new...more

Gotta Dance? Apparently Not -- A Biosimilar Update

United States District Judge Seeborg of the Northern District of California denied Amgen's motion for a preliminary injunction today in the Amgen v. Sandoz case, thereby paving the way for the marketing of the first...more

Defining “Reasonable” in RAND: A Bit of Common Sense

What is RAND? It’s a simple question. Given the ubiquity of the term, one would think that the answer would be clear. After all, standard-setting organizations (“SSOs”) around the world require patent holders to declare their...more

Drafting a Better Nondisclosure Agreement to Keep the Secrets Secret

Recent changes in patent law that make business method and software patents more difficult to obtain and assert suggest diversifying intellectual property protection strategies that rely on these types of patents. If the...more

Business Litigation Report - February 2015

- Firm News: - Main Article: ..Traversing the Breach: Why You Need to Prepare for Data Breaches and How to Do It - Noted With Interest: ..Direct Purchasers and End Payors Accuse Brand Pharma of...more

FDA Approves First US Biosimilar but Court Action Could Delay Market Entry

On March 6, 2015, the U.S. FDA announced that it had approved Zarxio, making Sandoz the first company ever to obtain approval of a biosimilar product in the U.S. The FDA deemed Zarxio to be biosimilar to Amgen’s Neupogen...more

Jury Awards $58.7 Million for Trade Secret Misappropriation After Technology Disclosure Pursuant to NDA

On March 6, in a U.S. District Court for the Eastern District of Texas case, Texas Advanced Optoelectric Solutions (TAOS) Inc. obtained a verdict against Intersil Corp. (Nasdaq: ISIL) for trade secret misappropriation, breach...more

Protecting Innovation and Competitive Advantage: Trade Secrets v. Patents

Patents have long been a method of protecting business innovation. However, before any patent is obtained, confidential innovation that has economic value and is not generally known may already be a trade secret, if it is the...more

Mayo Clinic and Gentag, Inc. To Develop Wireless Sensors for Treatment of Obesity and Diabetes

Mayo Clinic and Gentag, Inc. have reached a joint intellectual property (IP) agreement to develop wearable biosensors designed to fight obesity and diabetes.  According to the press release, the agreement will allow certain...more

Snow Joke: The Weather Channel Zaps Trade Secrets Misappropriation Claims

We have written before about business collaborations gone sour that lead to trade secret misappropriation lawsuits.  In a recent example, The Weather Channel convinced a court to wash away claims that its use of data from a...more

What is ‘Blocking IP’?: Why You Should Care When Licensing Source Code

A client this week asked me to help him with a source code license. What started as a simple request with crafting a paragraph inevitably grew due to the concept of “blocking intellectual property.” While I would argue that...more

IEEE Clarifies RAND Commitment for Standard-Essential Patents

On February 8, 2015, the Board of Governors of the Institute of Electrical and Electronics Engineers (“IEEE”) approved changes to the IEEE Patent Policy that provide additional specificity as to the nature of the obligation...more

IEEE Approves Updated Patent Policy for Standard Essential Patents After Favorable DOJ Business Review Letter

On February 8, 2015, the Institute of Electrical and Electronics Engineers (IEEE) approved an updated Patent Policy for the IEEE Standards Association (IEEE-SA) Bylaws after receiving a favorable Business Review Letter from...more

China Imposes Record Fine of Approx. US$975 Million (€863 Million) Under Its Anti-Monopoly Law

China’s National Development and Reform Commission (NDRC) announced an RMB 6.088 billion (approximately US$975 million and €863 million) fine against Qualcomm Inc. for alleged abuse of its market position in China in...more

What are you implying?

Case law teaches contractors a valuable lesson when dealing with ownership of copyright. It is essential to deal with each party’s position, typically through a written copyright licence, to avoid pitfalls further down the...more

Assignment Consideration Can Be Representation, Support and Opportunity - Memorylink Corp. v. Motorola Solutions, Inc.

Addressing whether a patent was properly assigned and whether claims of inventorship fraud were properly barred by the statute of limitations, the U.S. Court of Appeals for the Federal Circuit affirmed a lower court’s summary...more

Qualcomm Agrees to $975 Million Fine and Conduct Remedies to Resolve Chinese Standard Essential Patent Licensing Investigation

The assertion of standard essential patents (SEPs) by patent-holders has raised patent, contract, and competition issues in jurisdictions around the world. One SEP holder, Qualcomm, has faced particular scrutiny with respect...more

Federal Circuit Upholds PTO Refusal to Withdraw Unauthorized Terminal Disclaimer - Japanese Found. for Cancer Research v. Lee

Addressing for the first time the issue of whether a terminal disclaimer filed without the client’s actual authority can be withdrawn, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s ruling...more

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