Intellectual Property Updates

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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

Virtual Porn – Real Patent Lawsuit

The porn industry is often one of the early adopters for new technologies. VR is no exception. Virtual Immersion Technologies LLC is enforcing its patent against live VR porn operators. The patent 6,409,599 (“the ’599...more

Copyright Alert: The European Union Exposes Websites to Copyright Liability for Linking to Infringing Material of Third Parties

The Court of Justice of the European Union ruled on September 8, 2016 that websites that merely link to infringing material (instead of copying it) can be liable for copyright infringement. If this decision, GS Media BV v....more

Inherent Disclosure is Sufficient to Support a Priority Claim

In Yeda Research v. Abbott GmbH. [2015-1662] (September 20, 2016), the Federal Circuit affirmed the district court’s decision that U.S. Patent No. 5,344,915 was entitled to priority of its parent application, and thus was not...more

Searching for Causation in ACTOS Complaint

How explicitly must a complaint sounding in antitrust allege causation? At oral argument last week, the Court of Appeals for the Second Circuit evaluated the sufficiency of the plaintiffs’ allegations that certain Takeda...more

Korea Quarterly - September 2016

Controlling Costs in International Arbitration - Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators...more

Federal Circuit Applies Prosecution History Estoppel to Issued Claims Based on Amendments Made to Previously Canceled Claims

On September 8, 2016, the Federal Circuit affirmed a decision from the Eastern District of Virginia in which the district court held that UCB, Inc.’s Cimzia® antibody does not infringe Yeda’s U.S. Patent No. 6,090,923 (“the...more

Post-Grant Patent Amendment – Canadian and US Options

On the long and sometimes bumpy road of patent prosecution, a Notice of Allowance can be a welcome sign that you are nearly at your destination: a granted patent. But the journey is not over yet. At the time of grant, what if...more

European Patent Litigation for Life Sciences Companies: a Silver Lining to the Brexit Cloud?

The introduction of the Unified Patent Court (UPC) is undoubtedly the most significant change to the European patent landscape since the European Patent Convention of 1973. It will have a profound effect on how life sciences...more

General Court of the EU Confirms Fines Imposed on Lundbeck and Generic Drug Manufacturers for Entering into Patent Settlements

On 8 September 2016, the General Court of the EU (GCEU) handed down five judgments upholding a decision by the Commission of 19 June 2013 imposing fines on Lundbeck, an originator company, and Merck (the parent company of...more

Substantial Evidence Supported Infringement of Limitations That Did Not Need Construction

In Lifenet Health v. Lifecell Corporation, [2015-1549](September 16, 2016) the Federal Circuit affirmed the district court’s judgment that the claims of U.S. Patent No. 6,569,200 on plasticized soft tissue grafts suitable for...more

Yeda Research and Development Co. v. Abbott GmbH & Co. (Fed. Cir. 2016)

Before the Supreme Court's recent forays into the topic of subject matter eligibility in patent law, the most contentious line of cases (from the Federal Circuit) concerned the written description requirement of Section 112. ...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

Michigan v. M22: The Road Sign Trademark Battle

If you’ve ever driving north through Michigan, particularly during the autumn leaf season, I highly recommend taking the popular “scenic route,” that is, the route bordering the shore of Lake Michigan along the Leelanau...more

REDUCING RISKS: Court Finds Copyright Act Does Not Preempt State Trade Secret Claim

Over the years, it has proven difficult to fit software in any one category of IP protection. And while software’s ability to seemingly transcend patents, copyright, and trade secrets provides software developers and...more

Double Patenting Decision Delivers Bitter Pill To Antibody Patent

In a recent decision on obviousness-type double patenting, Judge Wolf shortened the shelf life of a dispute between Janssen Biotech, Inc. (“Janssen”) and Celltrion Healthcare Co. Inc. (“Celltrion”), relating to a...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

Are Patent Opinions Again Necessary?

Patent opinions are no longer necessary to avoid an inference at trial that the opinion would have been unfavorable, but, in view of the recent Supreme Court decisions in Halo and Octane Fitness they may be advisable upon...more

Trying to Erase the Past: Judge Won’t Vacate Section 101 Ruling After Settlement

Order Denying Motion to Vacate Judgment, Protegrity USA, Inc. v. Netskope, Inc., Case No. 15-cv-02515-YGR (Judge Yvonne Gonzalez Rogers) - When parties settle a case, they usually want to put it all behind them and move...more

Sanofi Sues Merck Over Proposed Insulin Glargine Biosimilar

Last week, Sanofi-Aventis U.S. LLC filed a complaint against Merck Sharp & Dohme Corp. over its proposed biosimilar to Lantus (insulin glargine injection). The complaint asserts that Merck will infringe 10 different U.S....more

Copyright and Trademark Case Review: RunDMC, Stem Cells and Pirates

Copyright Opinions - Unauthorized Copying Not an Element of Prima Facie Infringement Case: Ali v. Final Call, Inc., No 15-2963 (7th Cir. Aug. 10, 2016) - Wood, J. In a suit alleging copyright infringement through...more

Animation Software Patent Survives Alice Scrutiny

The application of the Supreme Court’s decision in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347. (2014) has made it almost impossible to patent software. The United States Patent and Trademark Office is...more

Trademarks, Service Marks, and Trade Dress: Key Facts and Pitfalls to Avoid

The Difference Between a Trademark, Service Mark, and Trade Dress. A trademark is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof that...more

Update: Antitrust-Intellectual Property Licensing Guidelines

The Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) announced, on August 12, 2016, they are seeking public comments on the first update to the Antitrust Guidelines for the...more

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