News & Analysis as of

Intellectual Property Protection

Federal Circuit Votes No on Patent Owner’s Appeal of Dismissal under § 101

In an appeal from the Northern District of Florida, Voter Verified, Inc. asked the Federal Circuit to reverse the lower court’s dismissal of its patent infringement lawsuit against Election Systems & Software, LLC. ...more

Aptalis Pharmatech, Inc. v. Apotex Inc.

by Robins Kaplan LLP on

Case Name: Aptalis Pharmatech, Inc. v. Apotex Inc., No. 2017-1344 (Fed. Cir. Jan. 4, 2018) (Circuit Judges Reyna, Wallach, and Stoll presiding; Opinion by Stoll, J.) (Appeal from D. Del., Robinson, J.)....more

Total Brand Care: The benefits of a holistic approach to creating, commercializing, and protecting company brands

by Hogan Lovells on

24 April 2018 At Hogan Lovells, we understand that brands are the heart of a company’s value, reputation, and competitive advantage. Total Brand Care is our holistic approach to creating, commercializing, and protecting our...more

Brexit | Legal Implications - April 2018

by McDermott Will & Emery on

In this Special Report, we have briefly outlined some of the main legal implications of Brexit according to different models, including the European Economic Area (EEA) model. In light of comments made by Theresa May, it...more

The DMCA’s Safe Harbor Provision And Policing Repeat Infringers

by Weintraub Tobin on

The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act (“DMCA”) in the case Ventura Content, Ltd., v. Motherless, Inc., et al. (decided March...more

Are Combined Diagnosis and Treatment Still Patent-Eligible? One Court Says “No”

In 2011 the Supreme Court announced that methods of diagnosing disease are ineligible for patenting under its landmark decision, Mayo Collaborative Services v. Prometheus Laboratories, Inc., 566 U.S. 66 (2011)....more

Defend Trade Secrets Act First: Claim Tossed Based On Whistleblower Immunity

by Seyfarth Shaw LLP on

In what appears to be a first under the Defend Trade Secrets Act (“DTSA”), a United States District Judge has thrown out claims against an alleged trade secret thief on the basis of the DTSA’s immunity for confidential...more

The Medicines Co. v. Hospira, Inc.

by Robins Kaplan LLP on

Case Name: The Medicines Co. v. Hospira, Inc., 2014-1469, 2014-1504 (Fed. Cir. Feb. 6, 2018) (Circuit Judges Dyk, Wallach, and Hughes presiding; Opinion by Hughes, J.) (Appeal from D. Del., Andrews, J.)....more

North Carolina Supreme Court Requires Specific Pleadings for Trade Secret Claim

Like most states, the North Carolina Trade Secrets Protection Act prohibits individuals or businesses from misappropriating or misusing certain confidential business information belonging to someone else. However, not all...more

Personalized Medicine Gets a Boost from Federal Circuit’s Vanda Pharma Decision

by Mintz Levin on

The Federal Circuit provided a welcome boost for stakeholders in the field of personalized medicine with its recent decision in Vanda Pharm. Inc. v West-Ward Pharm. Intl. Ltd. (2016-2702, 2016-2708 April 13, 2018). Vanda...more

How to secure the right type of IP protection for wearable-technology products

by Hogan Lovells on

From wristbands that count your steps, to skin patches that measure your sun exposure, a wide range of products are entering the wearable-technology market and raising new questions about intellectual property (IP) claims and...more

Merck Sharp & Dohme Corp. v. Amneal Pharms. LLC

by Robins Kaplan LLP on

Case Name: Merck Sharp & Dohme Corp. v. Amneal Pharms. LLC, 881 F.3d 1376 (Fed. Cir. 2018) (Circuit Judges Taranto, Clevenger, and Stoll presiding; Opinion by Stoll, J.) (Appeal from D. Del., Robinson, J.)....more

Gap of Information is Reason for Revoking a European Patent

by Jones Day on

The Situation: In European patent law, opposition against a patent grant can be based only on particular grounds, with one of the grounds being insufficiency of disclosure, meaning that the invention is not disclosed clearly...more

First Circuit Rejects Sunbeam Approach to Effect of Rejection of Trademark License in Bankruptcy

by Jones Day on

In Mission Product Holdings, Inc. v. Tempnology, LLC (In re Tempnology, LLC), 879 F.3d 389 (1st Cir. 2018), the U.S. Court of Appeals for the First Circuit ruled that the rejection of a trademark license in bankruptcy means...more

"Going International – A Primer for the Global Economy in Ten Questions"

The global economy has created an increasingly challenging phenomenon of cross-border enforcement. By way of recent example, how does Brazil fine US-based Facebook $33 million for supposed failure to produce documents from...more

Ambassador Lighthizer Urged to Include Intellectual Property Protections in New NAFTA

by Kelley Drye & Warren LLP on

As China’s intellectual property practices continue on to be a centerpiece of the Trump Administration’s trade policy, Senate Finance Committee Chairman Orrin Hatch (R-Utah) and Senate Finance Committee Member Bill Nelson...more

LATIN AMERICA & THE CARIBBEAN: A Legal Guide for Business Investment and Expansion - Jamaica

1 .What role does the government of Jamaica play in approving and regulating foreign direct investment? The government of Jamaica (GOJ) is highly committed to facilitating a viable environment for businesses and...more

Reaping Innovative Rewards With a Well-Sown NDA

Whether you are a recently forged startup or rapidly growing business venture, you likely have a strategy, technique, procedure, trade secret, or some other confidential information you hold dear to your success. ...more

Seedy Business: Chinese Scientist Sentenced to Ten Years for Stealing Proprietary Rice Seeds

In 2013, U.S. Customs and Border Protection agents caught researchers attempting to smuggle a $75 million trade secret from the United States to China. ...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

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

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