Amgen has submitted its long-awaited application for a biosimilar of AbbVie’s mega-blockbuster Humira, the world’s best-selling prescription drug and the sort of highly complex product that presents major scientific challenges for copycat medicines.
A California federal judge ruled Wednesday that rights owners who want CBS Corp. and Cumulus Media Inc. to start paying royalties for pre-1972 records had failed to follow the rules in attempting to certify the cases as class actions, striking both the certification bid and class allegations from the litigation.
Sleek Audio said Monday that it is seeking to depose rapper 50 Cent and may file a lawsuit to block the entertainer from potentially wiping out through his bankruptcy an $18 million legal claim the company obtained over a soured deal to create 50 Cent branded headphones.
Sirius XM Radio is pushing to freeze a California class action seeking royalty payments for thousands of pre-1972 recording artists, saying any further litigation should wait until the Ninth Circuit issues a highly awaited decision on whether those musicians deserve to be paid at all.
Allergan and New York state have settled an antitrust suit that accused the drugmaker of steering patients away from one of its dementia drugs and toward another to avoid competition with generic versions that were coming to market.
New federal rules raising the pleading standards for patent cases will take effect Tuesday, ushering patent litigation into a new era that will require plaintiffs do more than simply put the defendant on notice of the claim.
The Supreme Court on Monday turned away Biolitec AG’s challenge to a $70 million contempt penalty and an arrest warrant for its CEO for going through with a merger expressly forbidden by a lower court’s order.
The IRS slammed Mylan Pharmaceuticals’ contention that its $400 million patent deal with Forest Laboratories was a sale rather than a license for tax purposes, telling the U.S. Tax Court that Mylan retained a host of rights and therefore has no basis to challenge a $100 million tax bill.
The U.S. Supreme Court on Monday rejected medical supplier Covidien PLC’s efforts to recoup more than $176 million it had been awarded in a patent dispute with a unit of Johnson & Johnson, despite protests that a “secret" prototype shouldn't be considered as prior art.
A federal jury in California found on Wednesday that a chip design company was liable for breach of contract in a trade secrets suit brought by chipmaker GSI Technology and awarded GSI nearly $1 million in damages, according to court documents.
A Pennsylvania federal judge on Monday issued a second order finding heart monitoring company MedTel24 Inc. in contempt of a consent judgment in a patent infringement case brought by CardioNet LLC, but he stopped short of issuing sanctions against it.
A New York federal judge on Tuesday granted fashion brands Cartier International AG, Alfred Dunhill Ltd., Chloe SAS and others a $64 million default judgment after finding the sole remaining defendant in the case liable for infringing their trademarks and permanently barred the John Doe from continuing to do so.
The Patent Trial and Appeal Board erred in invalidating an Arendi S.A.R.L. computer data patent challenged by Apple, Google and Motorola by basing its decision in part on “common sense” rather than on concrete evidence, the company told the Federal Circuit on Tuesday.
LG Electronics asked a Delaware federal court to toss a suit filed by Toshiba Samsung Storage Technology Wednesday, saying the company never secured rights needed to claim infringement of patents for disc and optical drives.
Honda, Ford, Mercedes-Benz and a host of other automakers were hit Wednesday with lawsuits in Texas federal court by a device patent company claiming all of the manufacturers are infringing on a patent that covers customized consumer products created over the Internet with apps that control car functions.
Pozen Inc. has urged the Patent Trial and Appeal Board to reject the latest attempt by an organization tied to hedge fund manager Kyle Bass to obtain an America Invents Act review of a patent covering the arthritis medication Vimovo, saying Bass' group didn’t show that it will succeed in invalidating the patent.
A California federal judge on Wednesday refused to disqualify 12 law firms representing retailers in pay-for-delay multidistrict litigation over the Lidoderm pain relief patch, saying plaintiffs’ attorneys’ use of a privileged document mistakenly handed over by Japanese drugmaker Teikoku did not warrant disqualification.
With the Patent Trial and Appeal Board becoming a more popular avenue for attacking the validity of patents, accused infringers are filing fewer declaratory judgment actions in court, but attorneys say this type of preemptive suit still serves as an important litigation tool for gaining a favorable jurisdiction in a patent fight.
Members of The Turtles rock band argued Tuesday that Sirius XM Radio is employing a misguided “anything but Florida law” strategy to try to convince the Eleventh Circuit to affirm a lower court's finding that the band doesn't hold a performance right to their pre-1972 recordings.
The Medicines Co. on Tuesday asked the Federal Circuit to reopen a case in which it reversed an infringement ruling against Mylan Inc. for a patent for the anticoagulant Angiomax, as the court has agreed to reconsider the patent’s validity in another suit.
After sorting through the tangled 80-year history behind the song “Santa Claus Is Comin’ to Town,” the Second Circuit recently held that rights to the Christmas classic will revert back to the songwriter’s heirs. The decision provides insight into the judicial review of termination rights, say Brittany Kaplan and Marissa Lewis of Cowan DeBaets Abrahams & Sheppard LLP.
Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.
The Federal Circuit's majority opinion in ClearCorrect seems to provide a sweeping pronouncement regarding U.S. International Trade Commission jurisdiction, but the ITC likely will read the opinion narrowly to simply stand for the proposition that, where the only imported item is digital data that is transferred electronically from outside the U.S., the agency does not have jurisdiction, say Lyle Vander Schaaf and Yashas Honasoge o... (continued)
The last substantive filing that is allowed in trials before the Patent Trial and Appeal Board will generally either be the petitioner’s reply or the patent owner’s reply in support of its motion to amend. Nevertheless, procedures are available after the last reply. Gerald Murphy and Lynde Herzbach of Birch Stewart Kolasch & Birch LLP review the types of evidence and arguments submitted in “rebuttal” filings.
The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.
I recently had the opportunity to do pro bono patent prosecution for an independent inventor through my firm. I found the process to be enjoyable and fulfilling, and came away with some tips for working with someone who is new to the patent prosecution process, says Tammy Tanner of Kilpatrick Townsend & Stockton LLP.
The Sixth Circuit held last August in Varsity Brands v. Star Athletica that certain design elements of copyright-registered cheerleading uniforms were indeed copyrightable because those elements were conceptually separable from the uniforms themselves. The case provides an opportunity for the U.S. Supreme Court to craft a less subjective and more predictive rule for fashion designs, say Edward Maluf and Amy Abeloff of Seyfarth Shaw LLP.
Submarine patents have lost much of their luster because patent applications now have a limited shelf life of only 20 years upon filing and any continuation applications also have the same limited shelf life of 20 years calculated back from its earliest priority nonprovisional filing. Nevertheless, the benefits of a submarine patent may still be applicable in limited circumstances, says James Yang of Stetina Brunda Garred & Brucker PC.
How do you know the translations of your patent applications are accurate? In most cases, you aren’t going to know until you face litigation by a company challenging your patent, and further scrutiny of the patent shows what you thought was covered isn’t. But there are some red flags to look for, says Michael Degn of MultiLing.
A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.