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Intellectual Property Updates

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

Pharmaceutical Company Seeks to Use Tribal Sovereign Immunity to Avoid Inter Partes Review

by Snell & Wilmer on

Allergan announced on September 8, 2017, that it had transferred its patents covering the drug Restasis to the Saint Regis Mohawk Tribe and will pay the tribe $13.75 million. The tribe is also eligible to receive $15 million...more

Distillations: Trapped

by Fish & Richardson on

A recently-filed trademark infringement case out of California offers something of a cautionary tale on one of the oldest maxims of law and business: Get It In Writing. Thelonious Monk, Jr., son of the jazz legend, has...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Allied v. OSMI, the Circuit affirms dismissal of a declaratory judgment action even though Allied’s Mexican distributors had been sued in Mexico on a corresponding Mexican patent. In a first Waymo v. Uber case, the panel...more

Structural engineers score big as Federal Court recognizes and enforces copyright on structure of soccer complex

by Smart & Biggar on

On September 12, 2017, the Federal Court issued its decision in Lainco Inc v Commission Scolaire Des Bois-Francs et al, 2017 CF 825, confirming that the plaintiff’s steel structure for an indoor soccer complex could benefit...more

CAFC Finds Harmless Error in USPTO Reliance On Doctrine of Inherency

by Foley & Lardner LLP on

In Southwire Co. v. Cerro Wire LLC, the Federal Circuit upheld the USPTO decision rendered in an inter partes reexamination proceeding that found Southwire’s patent invalid as obvious. Although the court found that the USPTO...more

Case Law Suggests Use Of Expert Opinion For Determining IPR Estoppel Of Grounds That Petitioner "Reasonably Could Have Raised"

by Brinks Gilson & Lione on

Under 35 U.S.C. § 315(e), a final written decision in an inter partes review (“IPR”) by the Patent Trial and Appeal Board (“PTAB”) results in estoppel of certain actions by the petitioner. Specifically, under 35 U.S.C. §...more

General Mills Finds Out That Yellow Is Not “Magically Delicious”: Brands Fighting To Protect Their True Colors

by Knobbe Martens on

Years after the Christian Louboutin v. Yves Saint Laurent battle over red soled shoes, trademark protection for color continues to be a hot topic. On August 22, 2017, the Trademark Trial and Appeal Board (“TTAB”) held that...more

When Your Background Dooms The Invention

37 CFR 1.77(b)(7) suggests that a patent application should include a “Background of the Invention.” The Background of the Invention, however, can cause trouble if the drafter is not careful....more

Boletín Mensual de Comercio Internacional - Agosto - Información con énfasis en la Regulación Comercial y de Arbitraje...

by Holland & Knight LLP on

Durante el mes de agosto destacan los siguientes temas: Comercio, Acceso, Prácticas desleales, Propiedad Intelectual, MIPyMEs y Arbitraje de Inversión....more

PTAB Denies Untimely Request to Stay Pending Reexaminations

by Jones Day on

In Juniper Networks, Inc. v. Chrimar Systems, Inc., IPR2016-01389, Paper 62 (PTAB Sept. 12, 2017), the PTAB denied Petitioner’s request to stay two reexaminations of patents that were also the subject of pending IPR...more

Ninth Circuit: Non-Exclusive Licensing Agent Has No Standing to Sue for Copyright Infringement

by Snell & Wilmer on

In DRK Photo v. McGraw-Hill Global Education Holdings, LLC, the Ninth Circuit held that an Arizona stock photo agency could not sue McGraw-Hill under the Copyright Act for using images in textbooks without permission. The...more

Judge Talwani Dismisses Diagnostic Patent Infringement Case under Section 101

In a recent patent infringement case relating to a method for diagnosing a neuro-muscular disorder, Judge Indira Talwani in the District of Massachusetts found the asserted patent claims to be patent ineligible because the...more

Federal Circuit Review - August 2017

by Knobbe Martens on

District Court Abused Discretion in Ignoring Federal Circuit Mandate to Reconsider Attorneys’ Fees Under Octane Fitness - In Adjustacam, LLC v. Newegg, Inc., Appeal No. 2016-1882, the Federal Circuit held that a district...more

Federal Circuit Reverses PTAB for Refusing to Allow Supplementation of Record to Add Later Inconsistent Deposition Testimony from...

The Board exercises substantial power over the scope of the record in IPRs, but the Federal Circuit’s decision in Ultratec v. CaptionCall illustrates a limit on that power. The case involved a collection of consolidated IPR...more

Bob Parsons’ golf equipment startup PXG tees up patent infringement suit against TaylorMade three days before major product...

by Butler Snow LLP on

The great Bobby Jones, himself a lawyer, once said that “Competitive golf is played mainly on a five-and-a-half-inch course … the space between your ears.” I don’t know if Mr. Jones ever practiced patent law, but the...more

Framework for Swiss-form claim construction in Australia: Is it really about objective intent?

by FPA Patent Attorneys on

This article looks at the current status of construction of Swiss-style claims in Australia, provides a framework by which construction of Swiss-style claims can be assessed, and concludes that although the position is not...more

Booking it to the District Court

by Dorsey & Whitney LLP on

A recent decision out of the federal district court for the Eastern District of Virginia overturned in part the Trademark Trial and Appeal Board’s decision that the mark “Booking.com” is not registrable on the basis that the...more

When are prices "excessive": did the Latvian competition authority strike the right note?

by Dentons on

The European Court of Justice (ECJ) has just ruled that competition regulators have a "certain margin for manoeuvre" in deciding whether prices are excessive, and that there is no single adequate method for such an...more

The Biosimilars Council Supports Sandoz’s Preemption Position in Federal Circuit Amicus Brief

by Goodwin on

Last week the Biosimilars Council submitted an amicus brief in the Federal Circuit remand proceedings for Amgen v. Sandoz, arguing that Amgen’s state-law claims for Sandoz’s failure to comply with the patent dance’s...more

Updated: President Trump Turns to the U.S. Trade Representative for China IP Investigation

From the earliest days of his campaign, President Trump has spoken out on alleged intellectual property misconduct by China. He is now turning to the U.S. Trade Representative for a formal investigation of China in this...more

What are Moral Rights?

by Winstead PC on

The term moral rights in the United States typically refers to the right or ability of creators of certain works of visual art (e.g., paintings, drawings, prints, sculptures, and photographs) to control the eventual fate of...more

Pharma and Biologic Disputes in Canada – New Regulations Take Effect September 21, 2017

by Bennett Jones LLP on

Pharma and biologics manufacturers will soon have big decisions to make regarding their pharmaceutical and biological product strategy in Canada. On September 6, 2017, the Governor General in Council, on recommendation of the...more

Key EU Trademark Changes Ahead

Beginning October 1, several key changes to the EU trademark regime will come into effect. Removal of "Graphical Representation" Requirement - Arguably of most significance is the elimination of the graphical...more

“Let’s Play:” DMCA Takedown Notices and Game Developer Acquiescence

There is an entire gaming sub-culture developed around watching others play video games. I’m not talking about gathering around the Game Cube in your friend’s basement and passing the only controller. “Let’s Play” videos...more

BI Files Answer to AbbVie’s Complaint in Adalimumab Litigation

by Goodwin on

As we previously reported, last month AbbVie filed a complaint against Boehringer Ingelheim (BI) in the U.S. District Court for the District of Delaware regarding BI’s aBLA for a biosimilar version of AbbVie’s Humira...more

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