Intellectual Property General Business Science, Computers & Technology

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FTC Asserts That Its Failure to Object to a “Reverse Payment” Settlement Should Not Be Interpreted as Approval

On November 17, 2015, the FTC submitted an amicus brief to the Third Circuit Court of Appeals in In re Effexor XR Antitrust Litigation, where the district court had dismissed the plaintiffs’ claims of antitrust violations...more

Rehearing En Banc Granted in The Medicines Company v. Hospira, Inc.

Will The "No Supplier Exception" to the On-Sale Bar Fall? On November 13, 2015, the Federal Circuit granted a petition for rehearing en banc filed in The Medicines Company v. Hospira, Inc. As we previously reported, the...more

Intellectual Property Update: Distributing patent rights between affiliates: guidelines to support enforcement rights around the...

Picture the scenario – your company creates a new affiliate in Ireland to sell and distribute a product. The parent company holds the legal title to the patents associated with the product. Parent grants the Irish affiliate a...more

5 Key Considerations When Negotiating a License Agreement

License agreements can be a great way for a start-up company to generate revenue from sources other than the founders/funders. Start-ups can license their technology separately, or as part of a collaboration with another...more

Obama Administration Releases Much Anticipated Text of the Trans-Pacific Partnership Agreement

This client alert examines intellectual property proposals in the Trans-Pacific Partnership from the perspective of biotechnology, pharmaceutical, and chemical industries. On November 5, 2015, the U.S. trade...more

If It's Worth It, You Should Work It (As a Work Made for Hire)

With the growth of mobile apps, non-tech companies face the challenge of creating apps to promote and sell their services or goods. Because the creation of an app can be a one-time project, hiring an independent software...more

Accused Infringer Rides Antitrust Roller Coaster - Magnetar Technologies Corp. v. Intamin Ltd.

Addressing antitrust issues in connection with a dismissed patent infringement lawsuit, the U. S. Court of Appeals for the Ninth Circuit affirmed a grant of summary judgment dismissing antitrust and malicious prosecution...more

Supreme Court Will Decide Whether to Relax the Standard for Award of Enhanced Patent Damages

The U.S. Supreme Court announced last week that it will decide two cases concerning the issue of when district courts may award enhanced damages to patentees upon a finding of infringement. Stryker Corp. v. Zimmer, U.S., No....more

Six Key Ways to Protect Mobile Medical App IP

As a long-term means of protecting value for a mobile medical application (MMA) product, securing core intellectual property tops the list. The technology behind your app may represent most of your company’s value, as any...more

Quick Guide to Trade Secrets

An overview of trade secrets, the critical business information that provides companies with a competitive edge. What are Trade Secrets? - Technical Information - Product formulas - Product designs ...more

Major Verdict Shows the Power of Per Se Theories

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

After Granting Motion for Summary Judgment on Issue of Non-Infringement, District Court Orders Parties to Proceed to Bench Trial...

The District Court granted Transcend's motion for summary judgment on the issue of non-infringement and denied the patent owner's, Glaukos', motion on the issue of inequitable conduct. The District Court then set a bench...more

Final TPP Language on Trade Secret Protection Disclosed

On October 5, 2015, years of protracted negotiations of the Trans-Pacific Partnership Agreement (“TPP”) concluded. The TPP is a proposed trade agreement between 12 Pacific Rim nations that lowers trade barriers such as...more

Australian manufacturer is successful in asserting patent in China

Lucas Mills made media headlines for its win of 2 million yuan ($430,000) against a Chinese company who infringed Lucas’ patent for its flagship product, a portable sawmill. The sawmill allows logs to be cut into milled...more

[Webinar] Ask the Experts: Q&A with James Pooley and Pamela Passman - Oct. 27th, 11:00am ET

In this webinar, join CREATe CEO Pamela Passman in a discussion with James Pooley, author of Secrets: Managing Information Assets in the Age of Cyberespionage and former Deputy Director of WIPO for Patents....more

Turing, Daraprim, and Refusals to Deal with Generic Manufacturers

Drug company Turing Pharmaceuticals made headlines recently when it reportedly raised the price of Daraprim, used commonly by AIDS patients to fight life-threatening infections, from $13.50 to $750 per tablet. Amidst...more

Hospira Moves to Dismiss Amgen’s BPCIA Claims in Epogen Biosimilars Suit

Last month, Amgen sued Hospira in Delaware under the Biologics Price Competition and Innovation Act of 2009 (BPCIA) over Hospira’s proposed biosimilar version of Amgen’s Epogen (epoetin alfa). In addition to claims for...more

What Every Technology Company Needs to Know About Assumption, Assumption and Assignment, Or Rejection Of Its Contracts In...

Technology companies can preserve both significant sums of money and valuable intellectual property rights if they take action when a customer or business partner files for bankruptcy protection....more

Trans-Pacific Partnership: Compromise on Biologics Exclusivity Unclear

Earlier this month, a final agreement was reached on the Trans-Pacific Partnership that could provide for as little as five years of exclusivity for biologics. In recent months, it was reported that the biologics exclusivity...more

Omitted Inventors May Have Standing To Seek Patent Correction Based On “Reputational” Injury

The U.S. Court of Appeals for the Federal Circuit recently ruled that a plaintiff not named as a joint inventor on several patents and pending patent applications has standing to maintain an action to correct inventorship...more

IP Newsflash - October 2015 #2

FEDERAL CIRCUIT CASES - Federal Circuit Reversed a District Court’s Grant of Summary Judgment for Lack of Standing in an Inventorship Dispute - On October 2, 2015, the Federal Circuit reversed a district court’s...more

Technology Industry Newsletter - October 2015

We hope you enjoy this edition of our Tech Newsletter. As technology continues to drive business innovation and growth, new and existing companies positioned to take advantage of the tech trends for 2016 will be better...more

Better Early than Never: SDNY Dismisses Lawsuit over Patent Settlement where Generics were Granted Early-Entry Licenses with...

On September 22, Judge Ronnie Abrams of the Southern District of New York dismissed an antitrust lawsuit against Takeda Pharmaceuticals and three generic drug manufacturers based on settlements they had reached regarding a...more

The 3D Printing Revolution: Prepare for the Risks, Leverage the Opportunities

3D printing is not just for tchotchkes anymore. Technological advancement paired with decreasing costs to build and/or purchase 3D printers create the perfect storm for the next industrial revolution. ...more

Hi-Tech Accuses Dynamic of Trademark Infringement and False Claims of Steroid Powered Products

On September 28, 2015, Hi-Tech Pharmaceuticals, Inc. (“Hi-Tech”), a Georgia corporation, brought a trademark infringement action against Dynamic Sports Nutrition, LLC d/b/a Anabolic Research (“Dynamic”), and Brian Clapp...more

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