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Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Open Court Principle Means No Secret Proceedings If They Would Directly Affect a Competitor's Rights

by Bennett Jones LLP on

Equip: IP Litigation Case of the Week - Courts in Canada are presumed to be open and accessible to the public. Although a party’s commercial interests can be protected, a court will not grant a confidentiality order if...more

Naming Exclusive Licensee as Defendant, Exclusively, Leads to Dismissal of Declaratory Judgment Action

For declaratory judgment (DJ) actions concerning patents, whether a patent owner’s conduct is sufficient for there to be a real and immediate controversy is the usual jurisdictional hurdle. In BASF Plant Science, LP v. Nuseed...more

Timing is Everything: The District of Massachusetts Clarifies Local Rule

Caffeinate Labs, Inc. filed patent infringement and other unfair business practices claims against defendants Vante, Inc. and Alex Shlaferman. One claim alleged infringement of a design patent. The defendants moved to dismiss...more

Patent Judgments and Awards - Merck Ordered to Pay $14 Million in Attorneys’ Fees to Rival Gilead After a Patent Infringement...

by Knobbe Martens on

Merck Ordered to Pay $14 Million in Attorneys’ Fees to Rival Gilead After a Patent Infringement Trial Involving Hepatitis C Drugs - On July 14, 2017, in a stunning reversal of fortune, a federal court in San Jose, CA,...more

California Federal Court Finds CUTSA Preemption on Unfair Competition Claim in Uber Row

by Seyfarth Shaw LLP on

Uber’s ongoing battle with Waymo in the Northern District of California federal court over technology used in self-driving cars provided another significant decision concerning the broad scope of trade secret preemption under...more

Why having a clear understanding with employees is important

by McNair Law Firm, P.A. on

Over the years, we have written a number of articles about the importance of making sure your employment documents contain clear, understandable language. One of our federal district judges was recently faced with an...more

Does Amgen Have Viable State Law Claims Against Sandoz Arising From The Zarxio Biosimilar Patent Dispute?

by Foley & Lardner LLP on

In Sandoz Inc. v. Amgen Inc. (which you can read more about here), the Supreme Court held that 42 USC § 262(l)(9)(C) sets forth the exclusive federal remedy for failing to provide a copy of the biosimilar application to the...more

The SAP v. Diageo decision – a realistic approach to indirect access?

by Dentons on

Following the high court decision in the case of SAP UK Limited (SAP) v. Diageo Great Britain Ltd (Diageo), routine software arrangements many organisations have in place could become subject to significant additional costs....more

Amgen Sues Coherus Under BPCIA After Completing Patent Dance

On May 10, 2017, Amgen filed a complaint in the District of Delaware asserting that, under section 35 U.S.C. § 271(e)(2)(C)(i) of the Biologics Price Competition and Innovation Act (“BPCIA”), Coherus infringed Amgen’s U.S....more

Watch for the Fox in Your Henhouse: Gig Companies at Risk

by Fisher Phillips on

Intellectual property threats (IPT) to companies participating in the gig economy may be greater than those experienced by traditional business. While this may seem self-evident to some, reflection on the matter confirms to...more

France: No requirement for a domain name to be distinctive in unfair competition claims

by Hogan Lovells on

In a decision of 6 December 2016, the French Supreme Court of the Judiciary (“Cour de Cassation”) provided a very useful clarification in relation to unfair competition claim (“concurrence déloyale”, a tortious action) based...more

Applying New Halo Standard, the Federal Circuit Reverses Course and Affirms Finding of Willful Infringement

Upon remand by the Supreme Court following its decision in Halo Electronics, Inc. v. Pulse Electronics, Inc., 136 S. Ct. 1923 (2016), a panel of the Federal Circuit reconsidered its previous decision to vacate a jury’s...more

CardiAQ’s Inventorship Challenge Survives

Neovasc began its business relationship with CardiAQ in June, 2009, by providing services and supplies for the development of CardiAQ’s TMVI heart valve device. Though the relationship lasted only 10 months, the parties...more

Second Circuit Affirms Dismissal of Sham Citizen Petition Claim, Summary Judgment on False Advertising Claims **WEB ONLY**

by McDermott Will & Emery on

Addressing Sherman Act and Lanham Act claims arising out of an Abbreviated New Drug Application (ANDA), the US Court of Appeals for the Second Circuit upheld the district court’s dismissal of the plaintiffs’ Sherman Act claim...more

Amgen v. Sandoz Biosimilar Litigation Update: Sandoz Follows the Patent Dance With Neulasta

Amgen v. Sandoz Biosimilar Litigation Update: Sandoz Follows the Patent Dance With Neulasta - Prominent among the first generation of U.S. biosimilar litigations under the Biologics Price Competition and Innovation Act...more

Amgen Appeals Ruling on Requirement to Produce Manufacturing Information for a Biosimilar Product under Amgen v. Sandoz

Amgen has appealed a partial denial of its motion to compel in Amgen v. Hospira, No. 15-cv-839, currently pending in the District of Delaware. The case, filed last September, concerns Hospira’s proposed biosimilar of Amgen’s...more

KitNipBox Sues Meowbox for Allegedly Hacking Website and Stealing Trade Secrets

Cat product service provider KitNipBox sued rival Meowbox in federal court in Washington alleging that Meowbox hacked into KitNipBox’s website to steal its trade secrets and confidential information and to disrupt its...more

Business Litigation Report - March 2016

How Major Changes to the Federal Rules of Civil Procedure Will Impact Business Litigation - The Federal Rules of Civil Procedure govern all civil litigation in the federal courts. Recent major amendments to these...more

Computer Fraud and Abuse Act Not Violated Unless Plaintiff Shows Defendant Had Intent To Defraud

by Seyfarth Shaw LLP on

In a recent Computer Fraud and Abuse Act case, the Seventh Circuit Court of Appeals affirmed the district court’s conclusion that the plaintiff had produced no evidence refuting the defendant’s contention that it honestly...more

The Duty of Loyalty Awakens

If you’re a Star Wars fan, loyalty probably means waiting ten years for “The Force Awakens.” (Or even longer if you prefer not to count Episodes I-III). For an employee looking to leave her current employer, however, loyalty...more

Chancery Defers to Indian Corporation's Delaware Choice of Venue

by Morris James LLP on

In the absence of a prior-filed action in another forum, Delaware state courts will respect a plaintiff's Delaware choice of forum when faced with a forum non conveniens defense, except in the "rare case" where a defendant...more

Claims Are Construed Regarding Real-Time Location Technology

by Morris James LLP on

The patent relates to Real-Time Location systems for locating and identifying specific portable devices within an enclosure. The patented technology addresses decreased battery power consumption. The following terms are...more

Employees and “Authorized Access”: A Threat from Within?

Workplace privacy has become an increasingly challenging issue for employees and employers alike. With technological advancements, employers have enhanced visibility into employee behavior including their use of company...more

Major Verdict Shows the Power of Per Se Theories

by Ellis & Winters LLP on

How much is a per se theory under N.C. Gen. Stat. § 75-1.1 worth? According to a recent verdict in the U.S. District Court for the Eastern District of North Carolina, it’s worth 52.7 million dollars (plus, no doubt, a big...more

Claims Are Construed In Pharma Case

by Morris James LLP on

Orexo AB, et al. v. Actavis Elizabeth LLC, C.A. No. 14-829 – LPS, October 6, 2015. Stark, C. J. Claim construction opinion issues regarding four terms from two patents. ...more

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