Intellectual Property Civil Procedure

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Genus Claims Require Disclosure of “Representative Species Encompassing the Breadth of the Genus”

AbbVie Deutschland GmbH & Co., KG v. Janssen Biotech, Inc. - Finding that a patent specification did not disclose a representative number of antibody species within the claimed genus, the U.S. Court of Appeals for the...more

Judge Forrest sets schedule for pruning claims

Judge Forrest, in a four-patent case having 64 asserted claims, ordered the plaintiff to reduce its asserted claim count to 16 within 7 days following the court’s Markman decision, and she said she will require additional...more

Neither Data Structures Nor Gathering and Combining Data Are Subject-Matter Eligible

Digitech Image Technologies, LLC v. Electronics for Imaging, Inc. - In a short opinion addressing subject-matter eligibility under 35 U.S.C. § 101, the U.S. Court of Appeals for the Federal Circuit found that patent...more

Washington Redskins Challenge the Constitutionality of Section 2(a) of the Lanham Act

The Washington Redskins trademark controversy is far from over. Despite the fact that certain news and sports commentators and mainstream newspapers and organizations have announced that they will no longer use the term...more

Copyright and performance rights in an online video world

We can chalk up another Internet-prompted intellectual property frontier: performance rights. People have been performing for one another for centuries. But suddenly courts are grappling with performance copyright claims,...more

Planet Bingo, LLC v. VKGS LLC (Fed. Cir. 2014)

Planet Bingo is the assignee of U.S. Patent Nos. 6,398,646 and 6,656,045, both directed to computer-implemented methods and systems for managing bingo games. Planet Bingo filed an infringement action in the United States...more

Business Litigation Reporter -- August 2014

In This Issue: - Main Article: ..Ninth Circuit Shifts “Significant Expense” of Compliance with Third Party Subpoenas to Party Seeking Discovery - Noted With Interest: ..Delaware Court Finds Password...more

Federal Circuit Finds Computer Bingo Patents Invalid as Abstract Ideas

On August 26, 2014, the Federal Circuit ruled that patent claims regarding computer-aided management of bingo games are invalid because they are directed to a patent-ineligible abstract idea....more

More Fun with the One-Year Time Bar of § 315(b)

The nuances of the time bar of 35 U.S.C. § 315(b) continue to be explored in various IPR decisions. In Amneal Pharmaceuticals, LLC v. Endor Pharmaceuticals Inc., IPR2014-00360, Paper 15, Patent Owner asserted that the...more

Tennessee Adopts Expansive Trade Secret Preemption Standard

In a case of first impression decided August 19, 2014, the Tennessee Court of Appeals has decided the standard for determining the scope of preemption under the Tennessee Uniform Trade Secrets Act (TUTSA). The court adopted a...more

Selection Invention Found Unpatentable For Obviousness-Type Double Patenting

On August 21, 2014, the Federal Circuit issued a decision in AbbVie Inc. v. The Mathilda and Terence Kennedy Institute of Rheumatology Trust., holding that the claims to a selection invention were invalid based on...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Summer 2014 - Vol. 12, Issue 3

In This Issue: - The Analysis for Design Patent Infringement Post-Egyptian Goddess - Supreme Court Issues Decision in Alice Corp. v. CLS Bank - Capitol Records, LLC v. Pandora Media, Inc.: Future of...more

Nutritional supplement claims fail to meet utility requirement, according to Judge Engelmayer

U.S. Patent No. 6,645,948 (“Nutritional composition for the treatment of connective tissue”) claims a “nutritional composition for the treatment of connective tissue in mammals comprising: a therapeutically effective amount...more

Guest Post: Myriad-Mayo Guidance -- Consistency With International Harmonization and TRIPS

It is strongly arguable that insofar as the USPTO's Myriad-Mayo Guidance dismisses as non-eligible newly isolated substances (including small molecules), nucleotide sequences and microorganisms having new utility (US...more

Federal Circuit Review (August 2014)

Post Grant Review of Patent Favors Stay of Litigation - In VIRTUALAGILITY INC. v. SALESFORCE.COM, INC., Appeal No. 14-1232, the Federal Circuit reversed the district court's denial of a motion to stay pending a post...more

SJC Issues Decision Concerning Recovery of Lost Profits Damages in Commercial Litigation

In a noteworthy recent decision addressing the parameters of damages in commercial litigation, the Massachusetts Supreme Judicial Court (SJC) affirmed an order excluding expert testimony concerning future lost profits damages...more

Beware of the CIP—Parent Applications Can Be Prior Art

Companies file patent applications with the United States Patent and Trademark Office (USPTO) to protect promising innovations. Often, however, improvements, additional uses and refinements surface after filing a patent...more

Humira Patent Invalid for Obviousness Type Double Patenting

In AbbVie Inc. v. Kennedy Institute of Rheumatology Trust, the Federal Circuit affirmed the district court’s finding that a second patent covering AbbVie’s Humira product is invalid under the doctrine of obviousness-type...more

Judge McMahon issues claim construction unconstrained by two courts’ prior constructions

Judge McMahon construed terms of U.S. Patent No. 7,346,156 (“Methods and apparatuses for placing a telephone call”). The patent had previously been construed in Stanacard, LLC v. Rebtel Networks, AB, 680 F. Supp. 2d 483...more

Capitol Records, LLC v. Pandora Media, Inc.: Future of Digital Music May Depend on State Copyright Protection of Pre-1972 Sound...

Pandora Media, Inc., (“Pandora”), with over 250 million registered users and over 70% of the market share of Internet radio, is known as a leader in the digital music industry. In 2013 alone, Pandora streamed 16.7 billion...more

H-W Technology, L.C. v. Overstock.com, Inc. (Fed. Cir. 2014)

Proofread your claims before you sue! - Even obvious clerical errors in patent claims can doom your lawsuit if not corrected before suit is filed. This was evident in H-W Technology, L.C. v. Overstock.com, Inc.,...more

Court Excludes Plaintiff's Experts Where Experts Failed to Comply with Rule 26 Disclosures

In this patent infringement action, the defendants, Hangzhou Langhong Technology Co., Ltd. and Langhong Technology USA Inc., moved to exclude the testimony of plaintiff's experts on infringement and damages. The district...more

You Need to Show Commercial Success, In Order to Discover Evidence of Commercial Success

In Riverbed Technology, Inc. v. Silver Peak Systems, Inc., IPR2014-00245, Paper 19, 2014 (August 22, 2014), the Board patent owner’s motion for additional discovery because it was persuaded that patent owner has shown, beyond...more

The Board and Secondary Considerations

Commercial Success - In Riverbed Technology, Inc. v. Silver Peak Systems, Inc., IPR2014-00245, Paper 19 (August 22, 2014) the Board explained; Commercial success typically is shown with evidence of “significant...more

Trademark Review - CloudTV, StonShield, and Harry Winston (August 2014)

A Family Feud Over the Family Name - Harry Winston Inc. has prevailed in its opposition to registration of BRUCE WINSTON, the name of Harry Winston’s son. Harry Winston is one of the most well-known names in...more

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