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Top 10 Highlights of Canadian IP Law and Practice in 2017

by Smart & Biggar on

2017 was a year of significant developments to Canadian IP law and practice, with important court decisions and numerous legislative amendments. We have taken the opportunity to review the top 10 highlights from the past...more

Intellectual Property Newsletter - January 2018

by Shearman & Sterling LLP on

Shearman & Sterling’s IP litigation team has published its latest newsletter. The newsletter addresses a number of current IP topics, ranging from the constitutionality and judicial reviewability of inter partes review to...more

Rx IP Update - 2017 Highlights in Canadian Life Sciences IP

by Smart & Biggar on

The year 2017 was one of the most significant years for Canadian Life Sciences IP and Regulatory Law in Canada’s history. The year saw major developments in patent linkage, patent term, and substantive patent issues. As we...more

Federal Circuit Loosens Constraints on Appeals of PTAB Decisions

Judicial review of post-grant patent proceedings at the Patent Trial and Appeal Board (PTAB) is limited, but a federal court of appeals has somewhat loosened the restriction. On January 8, 2018, in Wi-Fi One, LLC v. Broadcom...more

Finjan, Inc. v. Blue Coat Systems, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Dyk, Linn, and Hughes. Appeal from the Northern District of California. Summary: Claims directed to behavior-based virus scanning, as opposed to the traditional code-matching method,...more

Federal Circuit Review - December 2017

by Knobbe Martens on

Claims Directed to Methods for Streaming Audiovisual Data Held Unpatentable Under § 101 - In Two-Way Media Ltd v. Comcast Cable Communications, Appeal Nos. 2016-2531, 2016-2532, the Federal Circuit affirmed the district...more

Year in Review: Top Five Legal Developments of 2017

by Goodwin on

Here are our picks for the top-five most significant legal developments regarding biosimilars in 2017...more

Federal Circuit Issues Mandate in Amgen v. Apotex

by Goodwin on

As we previously reported, last month a Federal Circuit panel affirmed the district court’s judgment that Apotex’s pegfilgrastim and filgrastim biosimilar candidates do not infringe Amgen’s protein refolding method...more

PTAB Finds Sovereign Immunity in IPR Waived by Filing Infringement Action in Federal Court

by Goodwin on

Yesterday, in Ericsson Inc. v. Regents of the University of Minnesota, an expanded 7-judge PTAB panel ruled that a patent owner waives a claim to sovereign immunity in an IPR “by filing an action in federal court alleging...more

Comic Convention Giant Victorious in Trademark Suit - “Comic-Con” is Not Generic

by Dorsey & Whitney LLP on

Fan boys and fan girls may soon see changes to the names of their favorite pop culture events given a federal jury’s recent ruling that the term “Comic-Con” is not generic, but instead a valid, federally-registered trademark...more

Breaking News: Summary Judgment of Non-Infringement for Sandoz in Filgrastim/Pegfilgrastim Case

by Goodwin on

As we previously reported, in Amgen v. Sandoz, which relates to both Sandoz’s filgrastim biosimilar (Zarxio) and its pegfilgrastim biosimilar, Sandoz had filed motions for summary judgment regarding non-infringement of...more

“[L]ess-than-vigorous effort” Not Sufficient to Avoid Order Granting Attorneys’ Fees

by Orrick - IP Landscape on

Order Granting Defendant’s Motion for Attorneys’ Fees, Opal Run LLC, v. C&A Marketing, Inc., E.D. Tex. (November 29, 2017) (Magistrate Judge Roy S. Payne) - By now, courts have made clear that patent owners thinking about...more

Analysis of Amgen v. Sandoz Federal Circuit Opinion

by Goodwin on

The Federal Circuit Court of Appeals issued its long-awaited decision in the remand of Amgen v. Sandoz from the U.S. Supreme Court. In that decision, the Federal Circuit held that Amgen’s state law claims, based on the...more

Federal Circuit Affirms Sandoz Win on Preemption Grounds

by Goodwin on

The Federal Circuit today ruled decisively in favor of Sandoz in the long-running battle with Amgen over whether state law can be used to compel a biosimilar applicant to participate in the BPCIA’s “patent dance.” The panel...more

Copyright Small Claims Bill Introduced

Copyright owners are one step closer to being able to pursue copyright infringement actions through a copyright small claims system. A new bipartisan House bill has introduced the Copyright Alternative in Small-Claims...more

Streamlined Canadian trademark litigation — Court of Appeal opens door to full compensation

by Smart & Biggar on

A recent decision of the Federal Court of Appeal sheds light on a streamlined litigation procedure that brand owners may find attractive. In Group III International Ltd v Travelway Group International Ltd, 2017 FCA 215...more

Inventor Holdings, Llc V. Bed Bath & Beyond, Inc.

by Knobbe Martens on

Federal Circuit Summaries - Before Wallach, Chen, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: Even if a patentee’s initial complaint was reasonable, the patentee can...more

More Views on Venue -- Federal Circuit Addresses In re Micron Fallout

Last Spring, the Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State of incorporation" of the alleged...more

Trebled Damages Means No Injunction for Knock-Off Software

by McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit affirmed in part, reversed in part and remanded a district court finding that a defendant was liable for breach of a software license agreement and therefore infringed the...more

Business Litigation Report - November 2017

The Un-Crisis Crisis Law and Strategy Group - No Two Situations Are Alike—That’s the Challenge “How fast can you get to…” “Let’s see. I just got back from London. We’ll be there tomorrow.” As our founder John Quinn...more

Non-Compete and Trade Secret Law in Utah: What’s Changed, What Hasn’t Changed and How to Prepare for What’s Ahead

by Payne & Fears on

The general rule in the United States has historically permitted non-competition agreements when they are reasonable in time and geographic scope. California has been the leading exception. Business and Professions Code...more

Famed NYT Cartoonist Illustrates Winning Argument in Breach of Contract Action

by Dorsey & Whitney LLP on

For more than seven decades, the Arts sections of the New York Times featured cartoons by the famous artist Al Hirschfeld, whose works were celebrated for their clean crisp lines, as well as the artist’s penchant for...more

Intervening Rights Apply When There Is a Product that Infringes the Original Claim that Does Not Infringe the Amended Claim

In Presidio Components, Inc. v. American Technical Ceramics Corp. [2016-2607, 2016-2650] (November 21, 2017), the Federal Circuit affirmed the district court’s holdings that the claims are not indefinite and that American...more

Oil States Energy Services, LLC v. Greene's Energy Group, LLC -- Positions Taken in Selected Amicus Curiae Briefs

On November 27, 2017, the Supreme Court considered the question of whether the inter partes review process established by the U.S. Patent and Trademark Office in implementing portions of the Leahy-Smith America Invents Act or...more

Graffiti Artists “Tag” Developer in Court: Graffiti Art Protected Under Visual Artists Rights Act in Advisory Verdict

by Dorsey & Whitney LLP on

Earlier this month, in Cohen et al v. G&M Realty LP et al., a jury impaneled in the U.S. District Court for the Eastern District of New York found that a developer violated the Visual Artists Rights Act of 1990 (“VARA”) when...more

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