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Intellectual Property Updates

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

SAP Announces New Pricing Model

Software giant’s new pricing model attempts to address customer concerns about liability exposure due to “indirect access.” SAP’s new pricing model is a big step forward in addressing the uncertainty and confusion relating...more

Federal Court Dismisses CFAA Claims Against Former Executive, Allows CFAA and DTSA Claims Against Competitor in Pharmaceuticals...

by Seyfarth Shaw LLP on

A recent decision from the Eastern District of Pennsylvania reinforces the importance of the timing of purported misconduct in alleged violations of the Computer Fraud and Abuse Act (CFAA) and Defend Trade Secrets Act (DTSA)....more

With Software Patents and Means-Plus-Function, “Structure” Takes On a New Meaning

Functional Claiming in Software Patents - Software patents are generally directed to a sequence of steps or rules, i.e., an algorithm, performed by a computer programmed to carry out the algorithm. Because algorithms are...more

China to Relax Joint Venture Requirements for Manufacturing

by Foley & Lardner LLP on

On Tuesday, Chinese President Xi Jinping announced a planned rollback of the manufacturing foreign ownership limits first set forth in the 1990s, which require that manufacturing operations in China be at least 50% Chinese...more

Has the dust settled on OEM trademark infringement? China’s SPC reaffirms that OEM does not infringe on Chinese trademarks

by Hogan Lovells on

In a recent landmark decision, the Supreme People’s Court (“SPC”) reversed the remarkable appeal decision in the Dongfeng trademark case about Original Equipment Manufacture (“OEM”). The SPC reiterates its view expressed in...more

IP In The Boardroom: When Does The Board Receive Warning?

Intellectual property can present operational risks - knowledge and protocols can help. While keeping boards apprised of developing risks that materially threaten company operations, are you considering operational risks...more

Another § 101 Motion Bites The Dust: Existence Of Potential Factual Determinations Precludes Motion To Dismiss

by Orrick - IP Landscape on

Order Denying Defendant’s Motion to Dismiss Plaintiff’s First Amended Complaint, Sound View Innovations, LLC v. Hulu, LLC, C.D. Cal. (April 11, 2018) (Judge John A. Kronstadt) - Following on the heels of the Federal...more

Our Attention is Now Directed To: “Directed To”

by Fenwick & West LLP on

My last post focused on definitions for the terms “well-understood,” “routine,” and “conventional”—or W-URC—from the subject matter eligibility test set forth in Mayo and further described in Alice. Those terms relate to one...more

Enforcing IP Rights In China: A Road Map For US Companies

by WilmerHale on

The United States loses between $225 and $600 billion each year due to misappropriation of intellectual property — an estimated 50-80 percent of which has been attributed to China. While Chinese officials have taken steps to...more

White Color Trademark Goes Up in Flames

A couple of years ago, our friend John Welch over at the TTABlog reported about a white color trademark that had acquired distinctiveness, according to a rare precedential TTAB decision...more

3 Business Cases to Follow in the Supreme Court's Spring Term

by Bennett Jones LLP on

The Supreme Court of Canada’s spring term begins on April 16, 2018. Chief Justice Wagner has already put his stamp on the Court, announcing in February that it would begin releasing “plain language” summaries alongside its...more

IP Alert: Check-Processing Servicers Beware!

by Vedder Price on

After a 10 day jury trial, a jury found U.S. Bancorp liable for almost $3.3 million in damages for infringing upon a patent covering check-processing technology owned by Solutran, Inc. (”Solutran”). Solutran’s U.S. Patent No....more

Massachusetts Court Finds Shaw Decision Forecloses Any Estoppel Beyond the Grounds That Were Instituted in an IPR, Despite Policy...

by Knobbe Martens on

The court in Koninklijke Philips N.V. v. Wangs All. Corp., No. 14:cv-12298, 2018 WL 283893 (D. Mass. Jan. 2, 2018) denied summary judgement of no invalidity, finding that the Federal Circuit’s holding in Shaw forecloses a...more

Shoulda, Coulda, Woulda…A Combination is Not Obvious Simply Because it Could Have Been Made

by Workman Nydegger on

At one time or another, most practitioners have probably been faced with the contention by an Examiner that a claimed combination is obvious because a person of ordinary skill in the art could have combined reference...more

Accused Infringer Estopped from Asserting Prior Art Disclosed in Invalidity Contentions

In an order issued on April 4, 2018, Judge Lynn granted plaintiff ZitoVault’s motion for summary judgment under 35 U.S.C. 315(e)(2), holding that defendant IBM is estopped from asserting invalidity defenses based on prior art...more

Federal Circuit Finds Personalized Medicine Invention Subject Matter Eligible

by Dorsey & Whitney LLP on

The Federal Circuit recently held claims for a personalized medicine treatment were patent eligible and valid. The claims at issue were directed toward administering specific dosages of a drug in the presence or absence of a...more

Konami Gaming, Inc. v. High 5 Games, LLC (D. Nev.)

Slot Machine Patent Invalidated As Being Directed to Ineligible Subject Matter - Konami sued High 5 Games for patent infringement of U.S. Patent Nos. 8,096,869; 8,366,540; 8,662,810; and 8,616,955. The '869 patent, which...more

Ribbon Communications Files Two More Lawsuits against Metaswitch In Ongoing Patent Battle

Cloud competitor cases are definitely on the rise over the past year. We’ve seen patent infringement lawsuits from established cloud players such as Symantec, BMC Software and Citrix against their emerging cloud competition,...more

The New Tax Law May Make Your Patents And Other IP Less Valuable

by Cole Schotz on

One little-publicized part of the new tax law (Tax Cuts and Jobs Act of 2017) may negatively affect the value of some patents and other intellectual property. It does so by changing the tax treatment of income from sales of...more

Fresh From the Bench: Latest Federal Circuit Court Cases

In an ANDA applicant’s appeal from a bench trial judgment of validity and infringement, the Court affirmed the district court’s judgment on all counts. The case presented unusual procedural circumstances in a Hatch-Waxman...more

Antitrust Enforcement Under the Trump Administration

by Shearman & Sterling LLP on

Divining trends in antitrust enforcement in a given presidential administration can take some time. Many commentators didn’t notice material changes in antitrust enforcement in the Obama administration – at least in merger...more

PTAB Institutes IPR Despite Petitioner’s Prior Invalidity Challenge in Declaratory Judgment Action, Citing “Unambiguous Language”...

On August 1, 2016, Canfield Scientific, Inc. filed a civil action in the District of New Jersey against Melanoscan, LLC, seeking a declaratory judgment of non-infringement of U.S. Patent No. 7,359,748 (“the ’748 Patent”). In...more

China Announces New Initiatives to Level the Playing Field for Innovative and Generic Drugs

by Ropes & Gray LLP on

China’s Government will launch several incentives to enhance accessibility of innovative drugs, especially imported oncology drugs. The State Council, China’s cabinet, has decided not to apply any tariff on imported drugs,...more

Federal Circuit Upholds Vanda Fanapt Personalized Method Claims Against Patent Eligibility Challenge

by Foley & Lardner LLP on

In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals Int’l Ltd., a divided panel of the Federal Circuit upheld Vanda’s personalized method of treatment claims relating to its Fanapt® (iloperidone) product against a...more

SUMO CITRUS — Sign of Super-Sized Flavor?

While many other places in the country are enjoying signs of spring, here in the Twin Cities, we’re hanging on to the white stuff, for a while longer; we shoveled 22 inches worth this past weekend! There’s something about...more

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