News & Analysis as of

Science, Computers & Technology Intellectual Property

Read Science, Computers & Technology updates, news, alerts, and legal analysis from leading lawyers and law firms:

All-Or-Nothing Damages Strategy Leads To No Damages Despite Admission Of Patent Infringement

by Orrick - IP Landscape on

Promega Corp. v. Life Technologies Corp., Fed. Cir. (November 13, 2017) - The Federal Circuit affirmed a Wisconsin district court’s decision to overturn the $52 million award a jury awarded to Promega Corporation...more

Webinar Recording: Digital Single Market 2018 – It is becoming real!

by Hogan Lovells on

On Tuesday 14 November the Hogan Lovells DSM Taskforce (our dedicated pan-EU team of lawyers tracking the Commission’s DSM strategy) had its annual live meeting in Brussels to discuss the progress of the implementation of the...more

In re Sebela Patent Litigation

by Robins Kaplan LLP on

Case Name: In re Sebela Patent Litigation, 14-6414 (CCC) (MF), 2017 U.S. Dist. Lexis 128258 (D.N.J. Aug. 11, 2017) (Cecchi, J.). Drug Product and Patents-in-Suit: Brisdelle® (paroxetine mesylate); U.S. Patents Nos....more

USPTO Revised Patent Fees, Oh My!

On November 14, 2017, the USPTO issued and published the final rule, “Setting and Adjusting Patent Fees during Fiscal Year 2017.” The final rule set or adjusted certain patent fees, as provided by the Leahy-Smith America...more

Sale of Generic Drug to Physician With “Extensive Information” on the Label May Induce Infringement

In Sanofi v. Watson, No. 2016-2722, the Federal Circuit affirmed the district court’s decision, upholding induced infringement and validity of Sanofi’s patents covering compositions of, uses for, and methods for administering...more

All-or-Nothing Damages Strategy Leaves Promega with Nothing

The Federal Circuit’s recent decision in Promega Corp. v. Life Technologies Corp. is a cautionary tale that failure to present evidence of damages closely tied to each alternative basis of liability may result in a hollow...more

Coachella vs. Filmchella

by Fox Rothschild LLP on

The Coachella/Filmchella trademark infringement case continues to heat up. Last month, my colleague Megan Center wrote a blog post about the preliminary injunction granted by the Central District of California to the...more

PTAB Issues Guidance on Remand Procedures

On November 15, 2017, the Patent Trial and Appeal Board (PTAB) published a revised Standard Operating Procedure 9 (“SOP 9”) to provide guidance on the PTAB’s procedures for handling cases that have been remanded from the U.S....more

IP Audit – the Fifth Circuit Cuts a Big Hole in the IP Safety Net – Time to See if Your Business Can Still Be Protected?

by Fish & Richardson on

It is time for an IP audit for any company doing business in Texas following the U.S. Fifth Circuit Court of Appeals decision last week in Motion Medical Technologies LLC, et al. v. Thermotek Inc. v. TRI 3 Enterprises, LLC,...more

Copyright Appeal Considers “User-Generated Content”

by Field Law on

In 2015 an independent film-maker shot a film critical of the Vancouver aquarium, using some footage over which the Aquarium claimed copyright. The Aquarium moved to block the online publication of the film. Last year we...more

Time is Running Out for Retailers to Register DMCA Agent, Preserve Safe Harbor Protections

by Bryan Cave on

Retailers who host third-party content and comments on their websites have until the end of 2017 to register as internet service providers through the new online system in order to preserve their protections under the Digital...more

Federal Circuit Evaluates Import of Factual Statements Made During BPCIA Pre-litigation Patent Dance

In a nonprecedential opinion issued on November 13, 2017, the United States Court of Appeals for the Federal Circuit affirmed a district court finding that Apotex’s aBLAs for biosimilar versions of Neulasta® and Neupogen® did...more

Statistics on the Backlog Problem and "Fast-Track" Options in Brazil

The recent proposal of automatically granting pending applications without examination is nothing but a desperate measure against a problem that has been haunting applicants and practitioners for decades. Apart from the...more

License Agreement Restrictions Can Provide A Real Advantage To Patent Holders

by Tarter Krinsky & Drogin LLP on

Generally, a patent owner's rights are exhausted after an authorized sale; the patent owner cannot sue a downstream customer who purchased an authorized patented product from a third party reseller. So how can a patent owner...more

Horizon Pharma, Inc. v. Dr. Reddy’s Labs., Inc.

by Robins Kaplan LLP on

Case Name: Horizon Pharma, Inc. v. Dr. Reddy’s Labs., Inc., 11-2317 (MLC) (DEA), 2017 U.S. Dist. LEXIS 107707 (D.N.J. July 12, 2017) (Cooper, J.). Drug Product and Patent(s)-in-Suit: Vimovo® (naproxen / esomeprazole...more

Claim to Gel Formulation Not Obvious Over Prior Art Liquid Formulation

by McDermott Will & Emery on

Addressing the issue of whether a topical gel with an increased concentration of active ingredient would have been obvious over a prior art liquid product, the US District Court for the District of New Jersey concluded that...more

Amgen Inc. v. Sanofi (Fed. Cir. 2017)

Last month, the Federal Circuit rendered a decision in Amgen Inc. v. Sanofi that brought clarity to how the Court (and U.S. Patent and Trademark Office) should apply the written description requirement in 35 U.S.C. § 112(a)...more

New USPTO Fee Schedule Increases Fees For Challenging Granted Patents, Adds Streamlined Reexamination Option

by Fox Rothschild LLP on

The USPTO recently published an adjusted fee schedule for certain patent fees. The new schedule significantly increases the fees for challenging the validity of a patent in inter partes review (IPR), post-grant review (PGR)...more

IPR and CBM Statistics for Final Written Decisions Issued in October 2017

by Finnegan – AIA Blog on

The Patent Trial and Appeal Board issued 44 IPR and CBM Final Written Decisions in October, cancelling 623 (70%) instituted claims while declining to cancel 267 (30%) instituted claims. Patent owners did not concede any...more

Chief Judge Stark Overrules Parties’ Objections And Adopts Magistrate Judge Fallon’s Recommended Constructions Of Two Disputed...

by Fox Rothschild LLP on

By Memorandum Order entered by The Honorable Leonard P. Stark in Alcon Research, Ltd. v. Watson Laboratories, Inc., Civil Action No. 16-129-LPS-SRF (D.Del. November 9, 2017), the Court overruled the objections of plaintiff...more

Little Life Left in Promega v. Life Technologies Dispute

In Promega Corporation v. Life Technologies Corporation, Nos. 2013-1011, -1029, -1376 (Fed. Cir. Nov. 3, 2017), on remand from the Supreme Court, the Federal Circuit reviewed its prior holdings and considered whether they...more

Legal Issues Related to the Development of Automated, Autonomous, and Connected Cars

by Jones Day on

As interest in autonomous vehicles accelerates, and as the related technologies evolve, the vehicles' manufacturers and their suppliers are preparing to encounter a broad range of legal issues. This Jones Day White Paper...more

Federal Circuit Affirms Delaware Alice Decision

In issuing its precedential decision earlier this month in Two-Way Media v. Comcast, the Federal Circuit affirmed a Delaware district court determination that four data streaming patents were directed to ineligible subject...more

Biotech Institute's Growing Patent Portfolio -- U.S. Patent No. 9,095,554 and the Path Forward

As with any billion dollar market, patents are an important consideration for the cannabis industry. Despite its current classification as a Schedule I drug under the Controlled Substances Act, however, the U.S. Patent and...more

Perspectives on the PTAB Newsletter - November 2017

The Perspectives on the PTAB Newsletter is designed to be a valuable resource for all stakeholders in the global patent arena throughout the patent life cycle. To that end, articles will provide perspectives from both sides...more

9,955 Results
|
View per page
Page: of 399
Cybersecurity

Follow Science, Computers & Technology Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.