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Intellectual Property Science, Computers & Technology

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

Supreme Court Hears Arguments in SAS Institute Inc. v. Matal

by Morgan Lewis on

The Court will consider whether the Patent Trial and Appeal Board must determine the unpatentability of all claims challenged by petitioners, or just those claims it has instituted review on, in inter partes review...more

Amgen Inc. v. Sandoz Inc. (Fed. Cir. 2017) -- One Last Dance . . .

Last June, in Sandoz Inc. v. Amgen Inc., the Supreme Court handed down its interpretation of the Biologics Price Competition and Innovation Act ("BPCIA") for the approval of biosimilar drugs. As we reported at the time, the...more

Patents - The Multifunction IP Pocket Tools For Your Business

by SmithAmundsen LLC on

Business leaders curious about leveraging an intellectual property (IP) portfolio may think of patents as merely a single-purpose tool: a sword to keep others from using your patented idea. In reality, patents are like a...more

After Matal v. Tam, Federal Circuit Rules On “Immoral” And “Scandalous” Trademarks

by Fox Rothschild LLP on

Continuing my ongoing coverage of the Lanham Act’s disparaging trademark ban, the Federal Circuit ruled today that the U.S. Supreme Court’s June 2017 ruling striking down the ban on disparaging trademarks also applies to the...more

Copycats Fall Flat

by K&L Gates LLP on

It is a common belief in the fashion industry that China remains the "wild west" for intellectual property infringements and for enforcing intellectual property rights. Historically, even large and well-known international ...more

D.Del. - MJ Burke Describes Analysis Framework for Assessing Section 101 Motion to Dismiss

by Fish & Richardson on

In the most recent section 101 opinion out of Delaware, Magistrate Judge Burke addressed patent eligibility of three patents directed to systems, apparatuses, and methods of using wireless machine to machine (“M2M”)...more

With A Great Trademark Comes Great Responsibility: San Diego Comic-Con V. Salt Lake Comic Con

by Weintraub Tobin on

Earlier this month, a jury in San Diego federal court was asked to decide if the use of the trademark “COMIC CON” by Daniel Farr, Bryan Brandenburg, and Dan Farr Productions for a comic book convention held in Salt Lake City...more

Five Best Practices for Plaintiffs in Patent Litigation

by Locke Lord LLP on

1. Make Sure The Plaintiff Owns The Patent Or Otherwise Has Standing To File The Complaint. This issue arises with alarming frequency and is easily avoided. A plaintiff patentee must have standing at the time the...more

Expanded Injunction Ruling In Coachella/Filmchella Case

by Fox Rothschild LLP on

Following up on my blog post last month related to the Coachella/Filmchella trademark infringement case pending in the Central District of California, the court held this week that the organizer of the Filmchella music...more

Financial Services Giant Fidelity Targeted On Open Source Software Usage

by Shook, Hardy & Bacon L.L.P. on

Fidelity is the latest target of Sound View Innovations, an intellectual property licensing company, for its use of several open source software components in Fidelity’s systems and platforms. Sound View filed its lawsuit...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

Antibody Patents Are Not Immune to § 112: Amgen Inc. v. Sanofi, Aventisub LLC

by K&L Gates LLP on

In Amgen v. Sanofi, the Federal Circuit held that evidence that first came into existence after the priority date may be considered in determining whether a genus patent claim satisfies the written description requirement...more

4 Top Takeaways: Recent Trends Involving Intellectual Property in Bankruptcy

Kilpatrick Townsend partner David Posner spoke at a recent New York State Bar Association event where he and other panelists discussed the topic “Around the Edges of IP: Complexities of IP in Bankruptcy.” Mr. Posner...more

Deadline Approaching to Update Designated Agent Under the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) protects eligible internet platforms from secondary liability for copyright infringement under the “safe harbor” of 17 U.S.C. § 512. One condition of safe harbor protection is that...more

A Software Vendor and Its Customer: “Like Ships Passing on a Foggy Night”

by Field Law on

When a customer got into a dispute with the software vendor about the license fees, the resulting case reads like a cautionary tale about software licensing. In ProPurchaser.com Inc. v. Wifidelity Inc., 2017 ONSC 7307...more

UK completes all legislative steps required to ratify the UPC Agreement

by Allen & Overy LLP on

With the approval on Tuesday by the House of Lords of the Unified Patents Court (Immunities and Privileges) Order 2017, the UK completed the final parliamentary step on the road to readying itself to ratify the Unified Patent...more

PTAB Publishes Guidance on Motions to Amend in view of Aqua Products: Shifts Burden to…Itself

The Patent Trial and Appeal Board has issued its Guidance on Motions to Amend in view of the Federal Circuit’s long-awaited Aqua Products decision. In that splintered ruling, the Federal Circuit addressed the burden of proof...more

More on Venue -- Plexxikon v. Novartis Pharmaceutical Corp. (N.D. Cal. 2017)

The sequel to the original summer blockbuster movie, Jaws, had as a tagline "Just when you thought it was safe to go back in the water." This sentiment can describe much of U.S. patent law over the last decade and a half,...more

Jury Verdict Overturned in Pepcid® Dispute After Court Finds Insufficient Evidence of Infringement

Last year, a jury awarded Brigham and Women’s Hospital (“BWH”) approximately $10 million after it found that defendant Perrigo Company’s (“Perrigo”) generic version of Pepcid® Complete® willfully infringed BWH’s patent. After...more

If Your Company’s Websites or Blogs Host User-Generated Content, Please Read This Client Alert!

by Morrison & Foerster LLP on

In the classic rock song “Light My Fire,” ‘60s icon and the Doors’ lead singer Jim Morrison sang, “The time to hesitate is through.” If your company operates a website or blog that hosts user-generated content, and has yet...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

AD-ttorneys@law

by BakerHostetler on

The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that protects appropriately registered online service providers from potential secondary liability for the infringing acts of others. Ironically, in...more

Wearable tech: Securing the right kind of IP protection – ‘Intellectual Values seminar series #2’ video

by Hogan Lovells on

On 17 October 2017, Hogan Lovells, London hosted its annual ‘Intellectual Values’ seminar which this year focused on the ‘connected world’. Katie McConnell, a Counsel in our IPMT team, gave a snapshot of the issues arising...more

Oral Arguments Summary: Oil States Energy Services, LLC v. Greene’s Energy Group, LLC

by Fish & Richardson on

The Supreme Court heard oral arguments on November 27, 2017, in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, where the petitioner challenged the constitutionality of inter partes review (IPR) proceedings....more

Federal Circuit Finds PTAB Should Have Invalidated Additional Claims in IPRs

In CRFD Research, Inc. v. Matal, No. 2016-2198 (Fed. Cir. Dec. 5, 2017), the Federal Circuit reviewed three IPR decisions, each on the same patent, reversing the PTAB’s finding in one of the three decisions. The PTAB had...more

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