Intellectual Property Civil Remedies Civil Procedure

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Copyright and Trademark Case Review: The Slants, The Sims and SCAR Rifles

Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies Washington Redskins' Petition to Join Proceedings - Supreme Court Agrees to Review Bar on Registration of Disparaging Marks, Denies...more

Electronic Frontier Foundation brings suit over anti-circumvention provisions in the DMCA

On July 21, 2016, the Electronic Frontier Foundation ("EFF") filed a complaint against various agencies and members of the U.S. government over Section 1201 of the Digital Millennium Copyright Act ("DMCA"), arguing that this...more

The Supreme Court of Canada’s Fall Term: the Internet Court?

The Supreme Court of Canada’s Fall term, which began on October 3rd, could probably be labelled the “internet term”, with major cases involving both Google and Facebook. The Court will also be hearing a number of other cases...more

Federal Circuit Finds Another Software Patent Ineligible

In Affinity Labs of Texas, LLC v., Inc., Chief Judge Prost affirmed a district court’s finding that Affinity Labs’ patent was invalid for being directed to ineligible subject matter because it was directed to an...more

The District Court May Consider Objective Reasonableness of the Infringement Defenses as Part of the Evaluation of the Totality of...

On remand from the Supreme Court, the Federal Circuit vacated the judgment of the district court that defendant ION Geophysical Corporation (ION) does not willfully infringe the asserted patents of plaintiff WesternGeco...more

Federal Circuit Patent Updates - September 2016

Husky Injection Molding System v. Athena Automation Ltd. (No. 2015-1726, 9/23/16) (Lourie, Plager, Stoll) - Lourie, J. Dismissing an appeal from a PTAB decision in an IPR for lack of jurisdiction. “[W]e conclude that we...more

Federal Circuit Affirms Dismissal of Joint Infringement Allegations under Iqbal/Twombly Pleading Standard

On September 30, 2016, the Federal Circuit issued an opinion affirming the District Court for the Southern District of New York’s dismissal of the plaintiff ’s complaint under Fed. R. Civ. P. 12(b)(6) because the complaint...more

Third Circuit Upholds Dismissal of Doryx ‘Product Hopping’ Suit

On September 28, 2016, the Third Circuit issued an opinion in Mylan v. Warner Chilcott, upholding the Eastern District of Pennsylvania’s holding on summary judgement that Defendants’ “product hopping” conduct did not violate...more

Federal Circuit Review | September 2016

Claims Directed to Monitoring and Analyzing Data Held to Be Invalid under § 101 - In Electric Power Group, LLC v. Alstom S.A., Appeal No. 2015-1778, the Federal Circuit upheld the district court’s grant of summary...more

Trademark Review | September 2016

BLACK GIRLS ROCK! and BLACK MEN ROCK Deemed Confusingly Similar - This opposition involved a straight-forward likelihood of confusion analysis. Opposer owned a registration for the mark BLACK GIRLS ROCK! for clothing and...more

Magistrate Judge Love Denies Motion for Summary Judgment as To Defendants’ Affirmative Defenses and Counterclaims Related to...

On August 23, 2016, Magistrate Judge John Love in the Eastern District of Texas denied plaintiffs’ motion for summary judgment as to defendants’ affirmative defenses and counterclaims. These defenses and counterclaims related...more

District Court Declines to Vacate Ruling That Patent Is Invalid for Covering Unpatentable Abstract Ideas after the Parties Settled...

The Plaintiffs filed a patent infringement action against the defendant, Netskope, accusing Netskope of infringing U.S. Patent Number 7,305,707 (the "707 Patent"). Netskope filed a motion for judgment on the pleadings, which...more

Federal Circuit Finds Adequate Written Description Support Under the Doctrine of Inherent Disclosure

On September 20, 2016, the Federal Circuit issued an opinion affirming a judgment by the District Court for the District of Columbia finding the claims of Abbott GMBH & Co. KG’s (“Abbott”) U.S. Patent No. 5,344,915 (the “’915...more

The Halo Effect: Original Halo Case Remanded to District Court to Consider New Test for Enhanced Damages

Earlier in 2016, the Supreme Court of the United States issued its landmark decision in Halo Electronics v. Pulse Electronics and Stryker v. Zimmer, modifying the US Court of Appeals for the Federal Circuit’s previous...more

Plaintiff Granted Dismissal Based on Covenant Not to Sue Even With Motion to Dismiss for Lack of Patentable Subject Matter Pending

The plaintiff, Shipping and Transit, LLC ("Plaintiff"), filed a patent infringement action against Defendant Neptune Cigars, Inc. ("Defendant"), for infringement of U.S. Patent Nos. 6,415,207 ("the '207 Patent") and 6,763,299...more

WilmerHale Eastern District of Texas Newsletter: September 2016

Data shows that although transfer motion filings in the Eastern District of Texas decreased 50% year-over-year from 2014 to 2015 (from 135 to 63), the percentage of successful motions increased from 34% to 43%. According to...more

LVL XIII and Louis Vuitton Go Toe-To-Toe Over Toe Plates

In a previous post, we discussed Louis Vuitton’s unsuccessful lawsuit against My Other Bag, Inc., in which the “parody defense” was a key issue. Louis Vuitton is making trademark law news again – this time as a...more

Janssen v. Celltrion (Infliximab): District Court Enters Partial Final Judgment in Favor of Celltrion

As we previously reported, after the district court found that all the asserted claims of the ’471 patent were invalid for obviousness-type double patenting, Celltrion moved for entry of final judgment on that patent under...more

Humira Biosimilar Approved As Litigation Gets Going

The FDA on Friday approved the first U.S. biosimilar of Humira (adalimumab), AbbVie’s best-selling biologic for treatment of inflammatory conditions. The biosimilar, Amgen’s Amjevita (adalimumab-atto), received approval for...more

Mind Reading Infringement Contentions

Order Regarding Discovery Letter Briefs, InteraXon Inc. v. NeuroTek, LLC, Case No. 15-cv-05290 (Magistrate Judge Kandis A. Westmore) - InteraXon, maker of a mind reading meditation aid, is not required to read the...more

Apotex Prevails in Neulasta Biosimilar Litigation, Files for Cert on 180-Day Issue

Among the first generation of biosimilar litigation under the Biologics Price Competition and Innovation Act (BPCIA) is a dispute between Amgen and Apotex over Apotex’s proposed biosimilar versions of Amgen’s Neupogen...more

Federal Circuit Remands Issue of Enhanced Damages for Determination Whether this was an Egregious Case of Misconduct Beyond...

In WesternGeco LLC v. Ion Geophysical Corp., [2013-1527, 2014-1121, 2014-1526] (September 21, 2016), the Federal Circuit, on remand from the Supreme Court after Halo Electronics, Inc. v. Pulse Electronics, Inc., vacated the...more

EU: Injunctions against intermediaries available also in the offline world

The Court of Justice of the European Union (CJEU) recently confirmed that the ability of rightholders to apply for an injunction against intermediaries whose services are used by a third party to infringe an intellectual...more

Supreme Court Corner: Q3 2016

CASES WE ARE WATCHING - Lee v. Tam TRADEMARK – Cert. Pending Pro-Football, Inc. v. Amanda Blackhorse, et al. TRADEMARK – Cert. Pending ISSUE: Whether the Lanham Act’s disparagement clause violates the...more

Willfulness After Halo: Now What?

The general consensus is that the Supreme Court’s June decision in Halo Electronics v. Pulse Electronics eased the path to proving willfulness, as discussed previously on IP Litigation Current. Many speculated that one result...more

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