Science, Computers & Technology Civil Remedies

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War of the World Wide Webs: D.C. Circuit Refuses Terror Victims’ Attempt to Seize Internet Domain Names

In early August, the D.C. Circuit refused to allow victims of terror attacks to take control of the Internet domain names of Iran, North Korea, and Syria as a means of satisfying previous money judgments awarded to the...more

Court Report - August 2016 #2

About Court Report: Each week we will report briefly on recently filed biotech and pharma cases. Tris Pharma Inc. v. Actavis Elizabeth LLC et al. 1:16-cv-00603l; filed July 12, 2016 in the District Court of...more

Controversial California Court Decision Significantly Narrows a Crucial Liability Safe Harbor for Website Operators

A recent California court decision involving Section 230 of the Communications Decency Act (CDA) is creating considerable concern among social media companies and other website operators....more

District Court Denies Apple's Request to Add Acacia into Patent Infringement Lawsuit as Alter Ego of Plaintiff

In this patent infringement action, Apple filed a motion to add additional Acacia entities as plaintiffs in the action. Apple's primary argue was that the Acacia entities were the alter egos of the plaintiff and that the...more

Celltrion Begins Shipping Remsima to the U.S.

As we reported last week, the district court granted Celltrion’s Motion for Summary Judgment of Invalidity for one of the two patents-at-issue in Janssen v. Celltrion. The Korea Times reports that Celltrion shipped its...more

Intellectual Property Newsletter -August 2016

Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a number of current IP topics, including a look at the America Invents Act, five years in; the U.S. International Trade...more

Federal Circuit Patent Updates - August 2016

ScriptPro LLC v. Innovation Associates, Inc. (No. 2015-1565, 8/15/16) (Moore, Taranto, Hughes) - August 15, 2016 10:41 AM - Moore, J. Reversing summary judgment of invalidity of claims for lack of written...more

When Is Using a Computer a Crime? Rehearing Sought on Ninth Circuit’s “Distressingly Unclear” Answer

Facebook recently won a landmark victory in the Ninth Circuit against a company that accessed Facebook’s computers to help users manage their social network accounts. Now the company, Power Ventures, Inc., says that the...more

Halo Shines Bright in D. Mass.

A recent order from the District of Massachusetts sheds light on how the Supreme Court’s June 2016 decision in Halo Electronics v. Pulse Electronics is being interpreted by the district courts. The Memorandum and Order by...more

Apotex Files Petition for IPR On Amgen’s Neulasta Patent

On August 5, Apotex filed a petition for an IPR on Patent No. 8,952,138, owned by Amgen. The ’138 patent is the same patent that is being challenged in the District Court for the Southern District of Florida, in a case in...more

Sale and Offer for Sale Determined by Where “Substantial Activities of the Sales Transactions” Occur

In Halo Electronics, Inc. v. Pulse Electronics, Inc., [2013-1472, 2013-1656](August 5, 2016), on remand from the Supreme Court, which held that 35 USC 284 gives district courts the discretion to award enhanced damages in...more

UPDATE Janssen v. HyClone: HyClone files a motion for injunctive relief to dismiss and to stay

As we previously reported, on June 17, Janssen filed two complaints alleging infringement of claims in U.S. Patent No. 7,598,083, one against Celltrion and Hospira, and one against HyClone Laboratories, Celltrion’s supplier...more

The Renewed Importance of Opinions of Counsel in Patent Infringement Actions

Several recent court decisions in patent infringement actions reflect the significant impact of the Supreme Court's ruling in Halo Electronics, Inc. v. Pulse Electronics, Inc., which dramatically altered the landscape for...more

BPCIA Litigation Updates: Amgen v. Apotex, Immunex v. Sandoz, Janssen v. Celltrion

A few BPCIA litigation updates to wrap up the week for our readers, looking ahead to next week: ..The Federal Circuit issued its formal mandate in Amgen v. Apotex yesterday. With the issuance of the formal mandate, the...more

Halo, It's me, Your advice of counsel opinion

Supreme Court opinion that created reduced standard for determining willful patent infringement means potential patent infringers should strongly consider opinions of patent counsel when knowledge of possible infringement...more

AbbVie Sues Amgen to Prevent Launch of Humira Biosimilar

As we reported last week, on Thursday, August 4, AbbVie sued Amgen seeking an injunction to prevent Amgen from launching its biosimilar version of AbbVie’s Humira. The complaint alleges that Amgen’s biosimilar infringes 61...more

Breaking News: AbbVie Files Complaint Against Amgen

AbbVie has filed a complaint against Amgen related to AbbVie’s Humira (adalimumab). The complaint asserts patent infringement and also seeks a declaratory judgment to compel Amgen to comply with the BPCIA’s notice of...more

Higher ed faces ADA challenges over accessibility of university websites

Websites are vitally important to institutions of higher education for a variety of reasons. They serve as a real-time brochure for prospective students, provide important academic and administrative resources to students and...more

The Design Patent Case of the Century

On October 11, the United States Supreme Court will hear oral arguments in Apple v. Samsung, the first case before the court in more than 125 years involving a claim for design patent infringement...more

Judge Dismisses Amgen’s BPCIA Declaratory Judgment Action Against Sandoz

Judge Chesler of the U.S. District Court for the District of New Jersey has dismissed one of Amgen’s pending lawsuits against Sandoz under the U.S. biosimilar statute, the Biologics Price Competition and Innovation Act...more

Inducement and Risk of Liability for Worldwide Sales

The Supreme Court of the United States agreed to review a decision by the US Court of Appeals for the Federal Circuit regarding active inducement infringement under 35 USC § 271(f)(1) in a case important to US manufacturers...more

Hyper-Divergence: Halo and the Preliminary Injunction Requirement for Enhanced Damages

A recent report and recommendation issued in the District of Massachusetts is one of the first cases to interpret – and arguably, to extend – the Supreme Court’s recent decision on willful infringement, Halo Electronics, Inc....more

Federal Circuit Finds BASCOM Internet Content Filtering Claims Patent Eligible

In another decision applying the two-step framework for determining patent eligible subject matter laid out in Alice Corp. v. CLS Bank International, the U.S. Court of Appeals for the Federal Circuit addressed the patent...more

Courts Answer Key Questions Over the Reach of the BPCIA

Since the Biologics Price Competition and Innovation Act of 2009 (BPCIA) was signed into law in 2010, only a small handful of abbreviated Biologics Licensing Applications (“aBLAs”) have been filed and of those the FDA has...more

Federal Circuit Patent Updates - July 2016 #2

WBIP, LLC v. Kohler Co. (No. 2015-1038, -1044, 7/19/16) (Moore, O'Malley, Chen) - Moore, J. Affirming denial of JMOL that patent was invalid as obvious and lacked an adequate written description, affirming finding of...more

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