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Intellectual Property Updates

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

BMS Challenges Momenta’s Standing In Federal Circuit Appeal of PTAB Decision

by Goodwin on

On December 5, 2017, the Federal Circuit heard oral argument in Momenta Pharmaceuticals, Inc. v. Bristol-Myers Squibb Company, 17-1694. Momenta is appealing a PTAB decision upholding the validity of BMS’s U.S. Patent No....more

Aligning a Product's Marketing, Regulatory and IP Plans

by Pepper Hamilton LLP on

Patent protection can be critical for health care products, including medical devices, prescription drugs, dietary supplements and software as a medical device (SaMD). Originally published in Law360 - September 8, 2017....more

Oh Trademark Registration, You’re So Vain?

by Winthrop & Weinstine, P.A. on

Ron, you’re so vain, you probably think this post is about you, don’t you, don’t you — actually, it is, or, let’s say, more about your recent in-actions — still, I hope you enjoy this cute little melody....more

10 steps to better cybersecurity -‘Intellectual Values seminar series #1’ video

by Hogan Lovells on

Last month we hosted our annual ‘Intellectual Values’ seminar in London which this year focused on the ‘connected world’. Sarah Turner, an IP partner in our Tech Hub, gave a talk on the steps companies can take to improve...more

Hague Judgments Convention: IP judgments still hang in the balance

by Hogan Lovells on

Last month the November 2017 draft Hague Judgments Convention was published by the Hague Conference Special Commission following the third meeting of the Special Commission in the Hague between the 13th and 17th of November....more

Chief Judge Stark Dismisses Without Prejudice U.S. Patent No. 6,229,366 From Pending Patent Infringement Action Following...

by Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Leonard P. Stark in Power Integrations, Inc. v. Fairchild Semiconductor Int’l, Inc. et al., Civil Action No. 04-1371-LPS (D.Del., December 8, 2017), the Court dismissed without...more

Litigation Funders’ Collateral Did Not Include Malpractice Claims

When the fallout from failed intellectual-property litigation collides with bankruptcy, the complexities may be dizzying enough, but when the emerging practices and imperatives of litigation financing are imposed on those...more

Supreme Court Hears Oral Arguments in Oil States Regarding Constitutional Challenge to Inter Partes Review

We first covered the Supreme Court’s grant of certiorari in Oil States Energy Servs., LLC v. Greene’s Energy Grp., LLC, 137 S. Ct. 2239 (2017), a case with the potential to substantially alter the patent litigation landscape,...more

Patent Exhaustion: Supreme Court Expands Patent-Limiting Doctrine

The U.S. Supreme Court at the end of the past term handed down a decision, Impression Products, Inc. v. Lexmark International, Inc., that greatly expanded the doctrine of patent exhaustion. This equitable doctrine prevents a...more

District Courts Split over Proper Patent Venue for Hatch-Waxman Act Litigation

by Morgan Lewis on

There have been two interpretations of the “acts of infringement” language in the patent venue statute regarding ANDA submissions in Hatch-Waxman litigation....more

Eli Lilly and Company v. Perrigo Co. (Fed. Cir. 2017)

In an appeal decided last month, the Federal Circuit affirmed a decision by the District Court for the Southern District of Indiana finding claim 20 of U.S. Patent No. 8,435,944 to be invalid as obvious. The panel also...more

Intellectual Property and Technology News (Asia Pacific) December 2017

by DLA Piper on

Intellectual Property and Technology News (Asia Pacific) is our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering perspectives, analysis and visionary...more

Has Fox’s “Empire” Ended the Battle? Ninth Circuit Expands Scope of Permissible Promotion of Expressive Works

by Dorsey & Whitney LLP on

On the day after the airing of “Fortune Be Not Crost,” the sixth episode of season four of Fox’s popular show “Empire,” Fox had some good fortune of its own when the Ninth Circuit Court of Appeals affirmed a declaratory...more

Hatch-Waxman Venue: The New Narrow?

by Robins Kaplan LLP on

The issue of venue—where geographically a case can be brought—and jurisdiction are a pair of principles to determine in which forum a case can properly be brought. Jurisdiction in personam concerns whether a particular party...more

Amgen Seeks En Banc Consideration of Written Description and Enablement Issues in Praluent® Litigation

by Goodwin on

In October, a Federal Circuit panel vacated a permanent injunction (which the Federal Circuit had earlier stayed pending appeal) that would have otherwise prohibited the sale of Sanofi and Regeneron’s Praluent® (alirocumab)...more

Reminder: By December 31, 2017, Online Service Providers Must Re-Register DMCA Agents Registered Before December 1, 2016

by Davis Wright Tremaine LLP on

December 31, 2017, is a key deadline for online service providers that store content provided by third-party users. By that date, providers must designate an agent with the Copyright Office for receipt of Digital Millennium...more

Contingent Patent Ownership Is Not Sufficient For Federal Court Jurisdiction

by Weintraub Tobin on

There is no federal court jurisdiction for disputes involving patents where the claimant does not actually own the patents. The possibility that one might own a patent, if a contingent future event occurs, is not enough. This...more

EDTX & NDTX Monthly Wrap-Up – November 2017

by Fish & Richardson on

This post summarizes some of the significant developments in the Eastern District of Texas and the Northern District of Texas for the month of November 2017. This post will focus on how the Eastern District of Texas continues...more

IPR Updates

by Goodwin on

Below are recent updates in biosimilar-related IPR proceedings: GENERAL BIOLOGICS PATENTS - On December 1, 2017, the Board granted institution of four IPRs on Celltrion’s petitions (IPR2017-01373 and IPR2017-01374) and...more

After Schiano: Lessons For Athletic Directors from Tennessee’s Coaching Search

The vetting and hiring of a new coach is one of the most critical responsibilities athletic directors face. Athletic directors work to identify coaching candidates that will give the university’s teams an opportunity to win...more

Will the Small Hotel Knock the Gym Out of its Space?

The Equinox Hotel Management, Inc. (“Equinox Hotels”) sued the Manhattan upscale gym giant, Equinox Holdings Inc. (“Equinox Gyms”), asking a federal judge in California to block the gym from expanding into hotels. Equinox...more

Trademark Enforcement in the Social Media Age

Attorneys in general, and trademark attorneys in particular, have a reputation for heavy handedness. The traditional weapon of choice for these legal pugilist has been, and continues to be, ye olde cease and desist letter. A...more

PTAB Issues Guidelines For Motions To Amend

by Pepper Hamilton LLP on

An en banc panel of the Court of Appeals for the Federal Circuit (CAFC) in the case of Aqua Products, Inc. v. Matal recently held that in an inter-partes (IPR) proceeding, the burden of persuasion rests with the challenger to...more

When is a Copyright “Registered” for Purposes of Filing Suit?

On May 18, 2017, the Eleventh Circuit Court of Appeals dismissed a copyright infringement complaint and added further to a circuit split on when copyright “registration” occurs for purpose of filing a copyright infringement...more

[Webinar] Roadblocks Ahead: Refusal/Rejection and Options for Further Action - December 13th, 10:00am ET

If you come up against a brick wall during examination at the European Patent Office (EPO) or the United States Patent and Trademark Office (USPTO), a number of options and strategies may still be available to you. Please...more

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