Intellectual Property Updates

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Southern District of California Court Provides Further Guidance on Patent Infringement Pleading Requirements After Abrogation of...

In a November 21, 2016, order, the Honorable Janis L. Sammartino of the Southern District of California dismissed The Scripps Research Institute’s (TSRI) patent infringement claims without prejudice because TSRI failed to...more

US Supreme Court to Review Patent Exhaustion Doctrine

On December 2, 2016, the Supreme Court of the United States granted cert in a key case regarding the scope of the patent exhaustion doctrine, or “first sale doctrine,” as it relates to (1) sales of a patented item subject to...more

The Federal Circuit Confirms That It Will Review PTAB’s CBM Determinations … To A Certain Extent

The Federal Circuit has again addressed which types of patents are eligible for Covered Business Method (“CBM”) review before the Patent Trial & Appeals Board. Approximately one week after issuing the recent Unwired Planet v....more

When Theory and Practice Diverge

"In theory, there is no difference between theory and practice. But, in practice, there is.” Although this quote is attributed as a remark overheard at a computer science conference in Walter J. Savitch’s Pascal: An...more

IP holding companies offer potential added protection benefits

Protecting intellectual property — from theft or misappropriation, infringement, or even from potential creditors and judgments — is a chief concern among businesses large and small and can be accomplished in a variety of...more

IPR Update -- Is Reviewability of Time-Bar Institution Decisions Headed En Banc?

"It appears to me that en banc consideration is warranted." -- Judge Taranto (concurring in Click-To-Call Technologies, LP v. Oracle Corp.). "I write separately, however, to note that I believe the Supreme Court's...more

U.S. Government Open Source Software: OMB’s Memorandum on Federal Source Code Policy Exposes IP Ownership Risk

On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The...more

Celgene Fights Back Against PTAB’s Determination of Unpatentability of Cancer-Related Patent Claims

On November 25, 2016, patent owner Celgene Corporation (“Celgene”) filed a Request for Rehearing in response to the Patent Trial and Appeal Board’s (PTAB) final written decision rendering unpatentable claims to U.S. Patent...more

Correction – Let’s Amend This Trademark: Part Five of Our Trademark Series

In our previous four articles in our trademark series, we discussed mandatory and optional filings for maintaining and protecting your marks, in order to avoid abandonment or cancellation. The final segment of our trademark...more

We Shall Overcome Foundation v. The Richmond Organization, Inc. - USDC, S.D. New York, November 21, 2016

In dispute over whether civil rights anthem “We Shall Overcome” is in public domain, district court refuses to dismiss copyright infringement claims on motion to dismiss, holding plaintiffs plausibly alleged (1) defendants’...more

Chartreuse Color Trademark on the Loose

We’ve written a lot about single color trademarks here over the years. Weems, the owner of the Flexilla brand has unleashed its federally-registered chartreuse-colored non-traditional trademark for “compressed air hoses”...more

2016: A Full Bouquet of Wine Fraud

The rapid growth of the international wine market has given rise to a simultaneous growth in wine fraud. The burgeoning demand, especially in China, has exposed all players—collectors, investors, vineyards, distributors, and...more

Ranbaxy and AstraZeneca Prevail in Nexium® Pay-For-Delay Case

On November 21, 2016, the U.S. Court of Appeals for the First Circuit upheld a 2014 jury verdict for AstraZeneca (AZ) and Ranbaxy regarding a 2012 payment of $700 million from AstraZeneca for Ranbaxy to abandon its challenge...more

Clothes Make the Man; They Sometimes Make the Trademark

Costumes and uniforms may be distinctive of a business, and thus may function as a trademark or service mark, identifying the business and distinguishing it from other business....more

Litigation Update: Amgen and Sandoz Stipulate to Dismiss ‘784 Patent

The parties in Amgen v. Sandoz (N.D. Cal.) (filgrastim, pegfilgrastim) have submitted a joint stipulation to dismiss, without prejudice, Amgen’s U.S. Patent No. 5,824,784 patent from the litigation. The ‘784 patent is...more

Update To DMCA’s Safe Harbor Agent Designations

Internet service providers keen on preserving the safe harbor provisions contained in the Digital Millennium Copyright Act (“DMCA”) should take note: the U.S. Copyright Office has developed an online system for designating...more

Scotus Grants Cert To Review Lexmark V. Impression

On December 2, 2016, the United States Supreme Court granted certiorari to review the en banc decision of the Federal Circuit Court of Appeals in Lexmark v. Impression. The Federal Circuit held that, unlike the situation...more

Football Association Premier League Limited v Luxton [2016] EWCA Civ 1097

Sports rights holders and sports broadcasters will be reassured as a result of a recent Court of Appeal (“CoA”) decision, which prevented a pub owner in Swansea from using a foreign-purchased domestic decoder card to show...more

Top Takeaways: Best Ways to Address Section 101 Patent Eligibility

Kilpatrick Townsend partners Megan Chung and Thomas Franklin recently participated in a panel at the 2016 National Asian Pacific American Bar Association Convention in San Diego. Panelists, which included Jay Choi from Uber...more

Sunrise’s Infringement Complaint Gets the Green Light

In a recent opinion out of the District of Massachusetts, the court ordered that a patent infringement dispute between two Massachusetts-based competitors in the lighting systems industry would be allowed to proceed. This...more

Celgene Asks PTAB to Reconsider Adverse Final Written Decision

On October 27, 2016, the Patent Trial and Appeal Board (PTAB) issued four final written decisions invalidating claims of U.S. Patent No. 6,045,501 (“the ’501 Patent”) and U.S. Patent No. 6,315,720 (“the ’720 Patent”) covering...more

USPTO's Patent Subject Matter Eligibility Roundtable on Dec. 5, 2015

On December 5, 2016 the USPTO will hold its second Patent Subject Matter Eligibility Roundtable to discuss issues in patent eligibility. The USPTO published a list of eighteen questions in anticipation of the event, dealing...more

Is Coopting Graffiti's Street Cred a Fair Use?

Estate of Graffiti Artist Sues McDonald’s Over Fast-Food Décor - The estate of Dashiell “Dash” Snow, better known as graffiti artist “Secret Snow”—has sued McDonald’s over allegedly infringing use of Snow’s street art...more

Federal Circuit Review | November 2016

Fraud-Detection Patent Claimed Patent-Ineligible Subject Matter - In FairWarning IP, LLC v. Iatric Systems, Inc., Appeal No. 2015-1985, the Federal Circuit affirmed the district court’s holding that FairWarning’s patent...more

Changes to the “But-For” Standard For Materiality at the U.S. Patent and Trademark Office?

On October 28, 2016, the United States Patent and Trademark Office (PTO) issued a notice of proposed rulemaking in the Federal Register proposing revisions to the materiality standard for the duty to disclose information in...more

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