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Intellectual Property Updates

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

ITC Affirms Termination of Investigation Based on Expiration of Patent

by Jones Day on

The U.S. International Trade Commission (“ITC”) terminated Investigation No. 337-TA-1094 based on actual expiration of the asserted patent at issue. Upon a review of the Initial Determination (“ID”), the Commission determined...more

Prior Art Chemical Structures Must Be More Than A “Code Name”

by Jones Day on

The PTAB recently rejected a request for rehearing by Bayer CropScience LP (“Bayer”). Bayer Cropscience LP, v. Syngenta Limited, IPR2017-01332, Paper 15 (P.T.A.B. Apr. 2, 2018). The PTAB stated that when the prior art does...more

Plaintiff Torpedoed with Attorneys’ Fees for “Objectively Unreasonable” Copyright Claim

In a recent decision from the District of Connecticut, Judge Meyer awarded attorneys’ fees against a plaintiff who the court found brought an “objectively unreasonable” copyright infringement claim based on an unpublished...more

Gap of Information is Reason for Revoking a European Patent

by Jones Day on

The Situation: In European patent law, opposition against a patent grant can be based only on particular grounds, with one of the grounds being insufficiency of disclosure, meaning that the invention is not disclosed clearly...more

First Circuit Rejects Sunbeam Approach to Effect of Rejection of Trademark License in Bankruptcy

by Jones Day on

In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First Circuit ruled that the rejection of a trademark license in bankruptcy means...more

Petitioners Face A Heightened ‘Motion To Combine’ Threshold

The Board has moved the 103 target without warning. As noted in last month’s article on POPR (Patent Owner Preliminary Response) declarations, the Board is using POPR declarations to deny institution for lack of motivation...more

Tattoo Artists’ IP Rights Only Skin-Deep

WWE wrestler Randy Orton has some unique ink on his arms and back, created by tattoo artist Catherine Alexander. Orton—and his tattoos—are featured in the WWE 2K video games. Alexander claims ownership of copyright in the...more

Apator Miitors APS v. Kamstrup A/S

by Knobbe Martens on

Federal Circuit Summaries - Before Moore, Linn, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A party seeking to swear behind prior art using an inventor’s testimony must proffer corroborating...more

Litigation Updates on Pegfilgrastim and Dupilumab

by Goodwin on

Pegfilgrastim litigation - We had previously covered Judge Stark’s grant of Coherus’s motion to dismiss Amgen’s complaint alleging infringement of the ‘707 patent in Amgen v. Coherus. Today, Judge Stark entered judgment...more

ABA Provides Guidance on Required Disclosure of Attorney Errors

On April 17th, the American Bar Association provided a formal opinion regarding the requirement that attorneys disclose errors to clients. Its opinion was based on Rule 1.4 of the Model Rules of Professional Conduct, which...more

Adblocking reloaded: No unfair competition, says German Supreme Court

by Hogan Lovells on

Germany’s highest civil court signs off on the business model behind AdBlock Plus - The popular adblocking software AdBlock Plus, and the underlying business model of Eyeo GmbH, do not fall foul of German unfair...more

PTAB Strategies and Insights - April 2018

The PTAB Strategies and Insights newsletter is designed to increase return on investment for all stakeholders looking at the entire patent life cycle in a global portfolio. This month we tackle three important...more

Ambassador Lighthizer Urged to Include Intellectual Property Protections in New NAFTA

by Kelley Drye & Warren LLP on

As China’s intellectual property practices continue on to be a centerpiece of the Trump Administration’s trade policy, Senate Finance Committee Chairman Orrin Hatch (R-Utah) and Senate Finance Committee Member Bill Nelson...more

Judge Sleet Grants Amgen’s Motion To Dismiss Genetech’s Commercial Marketing Claim Without Prejudice

by Fox Rothschild LLP on

By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Genentech, Inc. et al. v. Amgen Inc., Civil Action No. 17-1407-GMS (D.Del. April 17, 2018), the Court granted defendant Amgen’s motion to dismiss the claim of...more

EU: Cross-border parcel delivery – Council approves final text of regulation

by Hogan Lovells on

The Digital Single Market, as pushed forward with increasing speed by the European institutions, does not end with the click of a “purchase” icon. Goods ordered and bought online need to find their way to the purchaser, be it...more

Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Limited

by Knobbe Martens on

Federal Circuit Summaries - Before Prost, Lourie and Hughes. Appeal from the United States District Court for the District of Delaware. Summary: When another patent for a drug issues after an ANDA is filed, there can...more

Reaping Innovative Rewards With a Well-Sown NDA

Whether you are a recently forged startup or rapidly growing business venture, you likely have a strategy, technique, procedure, trade secret, or some other confidential information you hold dear to your success. ...more

MPEP Update: New Guidance Regarding Effective Prior Art Dates Under § 102(e)

On April 5, 2018, the U.S. Patent and Trademark Office (“USPTO”) revised MPEP § 2136.03 to provide additional guidance regarding the effective prior art dates of references cited under pre-AIA 35 U.S.C. § 102(e). Pre-AIA §...more

FRAND Licensing in Germany – The Recent Düsseldorf Decision

by Reed Smith on

The findings from the recent Higher Regional Court of Düsseldorf decision Mobiles Kommunikationssystem have established a new framework that should be followed when courts are benchmarking standard-essential patents (SEP)...more

The Federal Circuit Addresses Patent Eligibility of Methods of Treatment For First Time Post-Mayo

by K&L Gates LLP on

Introduction - On April 13, 2018, the U.S. Court of Appeals for the Federal Circuit in Vanda Pharmaceuticals affirmed a district court decision regarding patent eligibility under 35 U.S.C. § 101 of a method of treatment. ...more

Effectively Sued But Not Named — General Exclusion Orders at the ITC

by McGuireWoods LLP on

Section 337 investigations are in rem proceedings to determine whether imported articles infringe a valid intellectual property right. Personal jurisdiction over the manufacturer or importer of those articles is not required...more

PTAB Declines to Vacate Final Written Decision in Inter Partes Review Despite Settlement

by Morgan Lewis on

Settling an inter partes review after a final written decision by the Patent Trial and Appeal Board may not result in the PTAB vacating the decision....more

Local Intelligence, LLC v. HTC America, Inc. (N.D. Cal. 2018)

Claims for Refreshing Phone Display Found Patent Eligible - Earlier this month, the U.S. District Court for the Northern District of California ruled that claims related to refreshing a phone's display are patent eligible...more

In Rare Decision, PTAB Grants Request for Rehearing, Reverses its Prior Decision, and Institutes IPR

Requests for rehearing at the Patent Trial and Appeal Board (the “Board”) are not uncommon; however, the Board rarely grants them. One reason for this result is the high standard applied to reverse a prior decision—abuse of...more

Seedy Business: Chinese Scientist Sentenced to Ten Years for Stealing Proprietary Rice Seeds

In 2013, U.S. Customs and Border Protection agents caught researchers attempting to smuggle a $75 million trade secret from the United States to China. ...more

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