News & Analysis as of

Intellectual Property Litigation

Late September Surge at the ITC: Ten New Section 337 Complaints In Two Weeks

September closed with ten new complaints of unfair competition under Section 337, including patent and trademark infringement, in the last two weeks of September. Five of those complaints were filed within the two-day span of...more

Spotlight on Upcoming Oral Arguments – October 2017

The Federal Circuit hits the road this week, hearing oral arguments in New York City, including at the Court of International Trade, NYU Law School, and Columbia Law School. This appeal arises from a Western District of...more

Practice Pointer: De-Coding Appellate Briefs at the Federal Circuit

The Federal Rules of Appellate Procedure prescribe a strict scheme of regulations for documents submitted to courts. One such regulation mandates the colors of the front covers of litigants’ briefs. Like its sister courts,...more

Sued for Retweeting – Yes, That Just Happened

by Dorsey & Whitney LLP on

On Monday this week, a sports psychologist named Keith Bell sued King’s College in Pennsylvania and its football coach, Jeffery Knarr, for retweeting a photo of a page of Dr. Bell’s book “Winning Isn’t Normal.” In his...more

Federal Jury Awards Amgen $70M In Patent Suit Against Hospira

by Goodwin on

On September 22, 2017, a Delaware federal jury found that Hospira infringed one of Amgen’s Epogen® (EPO) patents. Hospira maintained that its production of EPO was protected by the safe harbor of 35 U.S.C. § 271(e)(1) which...more

Following Biosimilar Trial, Jury Awards Amgen $70 Million for Pfizer’s Pre-Approval Infringement of Now-Expired EPO Patent

In one of the first Biologics Price Competition and Innovation Act (BPCIA) litigations to reach trial, a jury on Friday awarded Amgen $70 million in damages for Pfizer’s infringement of one of Amgen’s expired patents...more

Today in Federal Circuit History...

On September 22, 2000, Chief Judge Haldane Robert Mayer signed an order establishing an Advisory Council for the U.S. Court of Appeals for the Federal Circuit (Advisory Council) pursuant to 28 U.S.C. § 2077(b). The mission...more

Third Parties Fail To Force Arbitration in Three Circuits

The “Summer of Arbitration” draws to a close today, if you can believe it. (On the first day of fall, it is supposed to be 91 degrees in Minnesota. Yikes.) But before I close that chapter, let’s take a look at a theme that...more

Court Finds Trademarked Words Can Be Used To Describe Property’s History

On July 14, 2017, the Eastern District of Kentucky found that the use of trademarked words to describe a property’s history is not trademark use. In 2014, Peristyle, LLC purchased the abandoned Old Taylor Distillery in...more

Recent Federal Circuit Decisions Provide Mixed Messages on Patent Eligible Subject Matter

by Polsinelli on

The Supreme Court’s Alice decision is now more than three years old, however, stakeholders, the courts and the U.S. Patent and Trademark Office are still struggling to understand Alice and, in particular, how to determine...more

Series: Defend Trade Secrets Act | Stopping Further Leaks: Protecting Trade Secrets While Litigating Misappropriation

by Fish & Richardson on

Trade secrets derive their commercial value from being secret. When trade secrets are misappropriated, litigation may be necessary to stop a competitor from exploiting them in the marketplace. Yet litigating...more

Excess Cargo? Shipping Common Law Claims Out of a Trade Secret Complaint

AFS, a company specializing in streamlining shipping costs and logistics, had its eight count amended complaint streamlined to only one—its Tennessee Uniform Trade Secrets Act (“TUSTA”) claim—primarily due to preemption and...more

Save Me Some Money: Paring Down Costs in Patent Litigation

by Orrick - IP Landscape on

Order Re Pilot Motions for Summary Judgment, Comcast Cable Communications, LLC v. OpenTV, Inc. et. al., N.D. Cal. (August 4, 2017) (Judge William Alsup) - It’s no secret that patent litigation is expensive—especially when...more

Sneaker Wars: Adidas Defeats Summary-Judgment Motion That Claimed Stan Smith Shoe Design Lacks Distinctiveness

by Orrick - IP Landscape on

Order Granting in Part and Denying in Part Motion for Summary Judgment, Adidas America Inc. et al. v. Skechers USA Inc., D. Or. (August 3, 2017) (Judge Marco Hernández) - The ever-increasing popularity (and...more

District Courts Continue to Split on Whether TC Heartland Provides Grounds to Raise New Venue Challenges

by Orrick - IP Landscape on

Order Granting Leave to Amend Answer and Granting Transfer of Venue, OptoLum, Inc. v. Cree, Inc., D. Ariz. (July 24, 2017) (Judge Douglas Rayes) - Since the Supreme Court’s decision in TC Heartland, many defendants in...more

IP litigation in Canada: 10 reasons to litigate north of the border

by DLA Piper on

Although Canada is globally recognized for maple syrup, hockey and universal healthcare, it is also a standard bearer in the area of IP litigation. Businesses should consider litigating in Canada as part of their global...more

California Federal Court Finds CUTSA Preemption on Unfair Competition Claim in Uber Row

by Seyfarth Shaw LLP on

Uber’s ongoing battle with Waymo in the Northern District of California federal court over technology used in self-driving cars provided another significant decision concerning the broad scope of trade secret preemption under...more

BIO International Convention 2017 Preview

BIO, Biologics, and Biosimilars - The 2017 BIO International Convention began earlier this week, but there are still many sessions and forums still to come. Patent Docs has been highlighting a few sessions or other...more

Comic-Con Invades San Diego

by Ladas & Parry LLP on

Thursday, July 20th will mark the start of the 47th annual San Diego Comic-Con International, more commonly known as San Diego Comic-Con or “SDCC”. The convention is a four-day event held every July at the San Diego...more

Employment Law Navigator – Week in Review: June 2017

by Zelle LLP on

Last week, Uber announced that it had fired Anthony Levandowski, the former lead engineer for Google’s autonomous vehicle unit. Uber hired Levandowski to lead its efforts to develop a self-driving automobile. The firing...more

Is A Respondent’s Own Post-Importation Infringement A Violation Of Section 337?

by Jones Day on

Before 2011, the ITC routinely found violations of Section 337 based on the infringement of method claims through a respondent’s own use of an article post-importation. This changed when the ITC issued its Opinion in Certain...more

Intellectual Property Cases Dominate 2016 Verdict Awards

by Knobbe Martens on

According to the annual Top 100 Verdicts report by ALM’s VerdictSearch, five jury verdicts for Intellectual Property cases cracked the top 10 with a sixth breaking into the top 25 verdicts of 2016. While the amounts do not...more

ROADBLOCK IN PLACE: Court Grants Limited Preliminary Injunction in Waymo v. Uber

Imagine preparing for that big meeting on your way to work, while you ride along in your car—without the need for a driver. What sounds like it might be out of a sci-fi movie, may actually be the not-so-distant future. Such...more

IP Trials with Less Tribulation: New Federal Court Guidelines Promote Cooperation and Efficiency

by Bennett Jones LLP on

This week's most noteworthy development is not a single case—it is a practice direction that will govern how all complex intellectual property cases will be tried. The new Trial Management Guidelines formalize trial...more

China: Whose voice is it? – The arbitral award is out… but the case is not concluded…

by Hogan Lovells on

The Hong Kong International Arbitration Center (“HKIAC”) has recently issued its final award in the trademark litigation saga surrounding “The Voice of China”. This case is high-profile and interesting, because it involves...more

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