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IP Buzz - July 2014

In this issue: - Using Copyright to Protect Your Brand’s Characters - The Duke Versus The Blue Devils: Who Has Trademark Rights to "Duke" Alcohol? - The USPTO Issues Guidelines for Subject Matter...more

Board Issues First Precedential Opinion

An ongoing and (surprisingly) often-raised issue in Covered Business Method Reviews has led the Board to issue its first Precedential opinion in an AIA post-grant proceeding. ...more

Don’t Expect a Drop-Off in Patent Litigation

In July 2011, Congress launched the Patent Pilot Program. This program allows a small number of judges within a district court to take on the lion’s share of patent cases within the district, with the hope that these judges...more

Obviousness Only Requires Reasonable Expectation of Success of One Compound Encompassed by Broad Genus Claims

Allergan, Inc. v. Apotex Inc. - Addressing the issue of showing a reasonable expectation of success when making obviousness combinations in the context of broad genus claims, the U.S. Court of Appeals for the Federal...more

Discovery Remains Hard To Get

In Electronic Frontier Foundation v. James D. Logan, IPR2014-00070, Paper 32 (July 29, 2014), the Board denied pettioner’s motion to compel discovery relating to the on-going litigation involving the patent, to uncover...more

CBS Broadcasting Inc. v. FilmOn.com, Inc.

CBS Broadcasting Inc. v. FilmOn.com, Inc. - USDC, S.D.N.Y., July 24, 2014: District court issues second contempt finding against unauthorized content redistributor FilmOn.com, finding that FilmOn.com violated...more

Novartis Pharms. Corp. v. Par Pharm., Inc. (D. Del.)

Nature of the Case and Issue(s) Presented: Novartis sued Watson and Par alleging infringement of the patents-in-suit. Both patents share the same specification. The ’031 and ’023 patents claim pharmaceutical compositions,...more

Claim Charts: 2 Columns in Portrait Orientation

In HTC Corporation v. Cellular Communicatiosn Equipment LLC, IPR2014-01135, Paper 3 (July 29, 2014); an dNEC Corporation of America v. Nokia Siemens Networks Vermoegensverwaltung GmbH & Co. KG, IPR2014-01132, Paper 4 (July...more

Court Report -- Part III

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Cubist Pharmaceuticals Inc. v. Fresenius Kabi USA LLC 1:14-cv-00914; filed July 11, 2014 in the District Court of...more

Contractual Duty to Deal Does Not Equal Antitrust Duty to Deal

Addressing for the first time whether a patent holder under a contractual duty to deal is also subject to an antitrust duty to deal, the U. S. Court of Appeals for the Second Circuit upheld dismissal of a putative antitrust...more

Venture Capital Firm Liable For "Aiding And Abetting" Breach Of Fiduciary Duty

A recent case in the California Court of Appeals underscores the dangers that await venture capital firms brave (or foolish) enough to fund companies in the midst of internal disputes. In American Master Lease LLC v Idanta...more

Copyright Infringement

I. INTRODUCTION A. Scope. This paper addresses practical aspects of a typical copyright infringement case, a deceptively simple subject. Plaintiff introduces its copyright registration, proves defendant copied...more

Form 18 of the Federal Rules of Civil Procedure Rejected as an “Off-Ramp” to Twombly

Merus B.V. moved for dismissal, arguing the Federal Circuit created an “off-ramp” for patent cases by holding in K-Tech Telecomms., Inc. v. Time Warner Cable, Inc., 714 F.3d 1277 (Fed. Cir. 2013), that when the principles set...more

Statutory Right to Appeal Does Not Bypass Article III Standing Requirements

Consumer Watchdog v. Wisconsin Alumni Research Foundation - The U.S. Court of Appeals for the Federal Circuit dismissed an appeal from the Patent Trial and Appeal Board (the Board) on the grounds that the appellant, a...more

Design Patent Developments at the Federal Circuit – 2014 Term

In addition to its heavy docket of utility patent cases, the Federal Circuit also rendered several design patent decisions of interest thus far in the 2014 term. Among them is in a recent non-precedential opinion in Anderson...more

In re Patel (Fed Cir 2014)

The Supreme Court has made a sport of reversing the Federal Circuit over the past decade or so, and other than reserved (and sometimes not so reserved) statements by members of the lower court, the Federal Circuit has...more

The USPTO Issues Guidelines for Subject Matter Eligibility Analysis: How the Supreme Court's Decisions in Pathology v. Myriad and...

On March 4th, 2014, the United States Patent and Trademark Office issued a guidance advising examiners and the public of the factors for determining whether an invention satisfies the provisions of 35 U.S.C. §101, as applied...more

Judge Castel Rejects Laches and Equitable Estoppel Defenses

Defendant moved to dismiss Plaintiff’s first amended complaint based on the affirmative defenses of laches and equitable estoppel. The patents-in-suit are U.S Patent Nos. 7,980,095 (“Jewelry method and system”) and 8,479,536...more

The Trademark “Chaff” Quandary: PTO Report On Post-Registration Proof of Use

As any IP lawyer will readily admit, trademark practice before the United States Patent & Trademark Office (PTO) comes with its fair share of annoyances: inconsistent treatment of similar applications, unreasonably stringent...more

Federal Circuit Review - Nautilus, Limelight, and Alice (July 2014)

Supreme Court Sets New Indefiniteness Standard - In Nautilus, Inc. v. Biosig Instruments, Inc., Appeal No. 13-169, the Supreme Court vacated and remanded Federal Circuit’s reversal of summary judgment because the...more

Shire LLC v. Amneal Pharms., LLC (D.N.J.)

The defendants include generic ANDA applicants (the “generic defendants”) and the API manufacturer, Johnson Matthey, Inc. and Johnson Matthey Pharmaceutical Materials (collectively “JM”). Six summary judgment motions were...more

Hoffmann-La Roche Inc. v. Apotex Inc. (Fed. Cir.)

Hoffman-La Roche (“Roche”) appeals from the decision of the district court granting defendants summary judgment of invalidity as to claims 1-8 of the ’634 patent and claims 1-10 of the ’957 patent. The asserted claims...more

The USPTO Patent Subject Matter Eligibility Guidance TRIPS Over Treaty Requirements

The “Myriad-Mayo” patent subject matter eligibility guidance issued March 4, 2014 reflects the USPTO’s interpretation of Supreme Court cases interpreting and applying 35 USC § 101 to claims involving laws of nature, natural...more

Request for Stay Pending Before Institution of Inter Partes Review Denied

US Endoscopy Group requested a stay of proceedings pending resolution of three inter partes review (“IPR”) petitions pending before the U.S. Patent and Trademark Office (“PTO”). Judge Román recognized the benefits of the new...more

Court Report -- Part II - July 2014 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Acorda Therapeutics Inc. v. Actavis Laboratories FL Inc. 1:14-cv-00882; filed July 7, 2014 in the District Court of...more

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