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Intellectual Property
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Intellectual Property
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May 17, 2013
AbbVie Targets Hetero Over Generic Norvir Plans
AbbVie Inc. on Wednesday hit Hetero USA Inc. in Delaware federal court with allegations that the generics maker infringes several patents with its planned generic version of HIV treatment Norvir.
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May 17, 2013
Allergan Targets Strides, Agila Over Generic Eye Drops
Senju Pharmaceutical Co. Ltd., Kyorin Pharmaceutical Co. Ltd. and Allergan Inc. hit Strides Inc. and Agila Specialties Private Ltd. with a patent infringement lawsuit in Delaware federal court Wednesday over their plans to market a generic version of Allergan's Zymar and Zymaxid conjunctivitis eye drops.
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May 16, 2013
J&J Units Sued Over Spine Implant Patent
Two of Johnson & Johnson's DePuy Synthes units were hit Wednesday in Delaware federal court with allegations that they infringed Globus Medical Inc.'s patent covering a spinal implant.
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May 15, 2013
Bayer Hits Par With Patent Suit Over Staxyn Generic
Bayer Pharma AG on Tuesday hit generic-drug maker Par Pharmaceutical Inc. with a suit in Delaware federal court, accusing its rival of infringing on two patents with a planned generic version of erectile dysfunction treatment Staxyn.
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May 14, 2013
Hasbro Sues WB Over 'Dungeons & Dragons' Film Rights
Hasbro Inc. filed a copyright lawsuit in California federal court on Monday in an effort to halt a new Warner Bros. Pictures-produced Dungeons & Dragons movie, arguing that the production company behind the planned project lost the sequel rights after its 2000 D&D movie.
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May 14, 2013
ITC Asked To Probe Samsung, Others Over Music-Sharing Tech
Black Hills Media LLC seeks to expand litigation against Samsung Electronics Co. Ltd., LG Electronics Inc. and others it accuses of importing products into the U.S. that infringe patents for its music-sharing technology, requesting on Monday that the U.S. International Trade Commission open an investigation into several types of electronic devices.
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May 14, 2013
3M Infringes Self-Sticking Bandage Patent, Suit Alleges
A bandage maker hit 3M Co. with a suit in Delaware federal court Tuesday claiming that several of the manufacturing giant's products infringe a patent for latex-free self-sticking wraps and bandages.
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May 14, 2013
DLA Piper Stiffed Cos. On Office Remodel Bill, Suit Says
Two real estate services businesses filed a $10 million suit against the law firm Monday alleging it stiffed them on as much as $760,000 of work done at DLA Piper's Chicago office and improperly gave proprietary information to a competitor.
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May 14, 2013
Vanguard Law Group Claims Fla. Firm Infringed Trademark
Vanguard Law Group LLP, a boutique firm focused on real estate transactions and related tax matters, launched a trademark infringement suit against personal injury firm Florida Vanguard Attorneys in Florida federal court on Tuesday, alleging Florida Vanguard is ripping off its "Vanguard" trademark.
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May 13, 2013
AstraZeneca Sues Actavis Over Planned Generic Vimovo
AstraZeneca AB sued Actavis Inc. in New Jersey federal court Friday to block the generic-drug maker from selling a version of the arthritis drug Vimovo.
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May 13, 2013
HP, Dell Accused Of Infringing Touch-Screen Patent
Texas-based Touchscreen Gestures LLC hit Hewlett-Packard Co. and Dell Inc. with patent lawsuits in Texas federal court on Friday, the latest in a string of suits filed by the company claiming infringement of touch-screen technology.
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May 13, 2013
Music Publisher Sues Over Rights To 'Flintstones' Theme Song
A lawsuit filed Thursday in Miami pits a Florida-based record label against a California seller of digital record downloads in a copyright ownership dispute that has bumped the theme from "The Flintstones" and other classic cartoons from Apple's iTunes Store.
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May 10, 2013
Google Search Targeted In Data-Retrieval Patent Suit
Google Inc. was hit with a suit Friday in Texas federal court brought by a Taiwanese research institution that claims the search engine giant’s Google Search and other products infringe its information retrieval system patent.
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May 10, 2013
Producer Sues WWE, Wrestler For Posting Violent Interview
The World Wrestling Federation harmed producer Andrew Green when it aired a video in which wrestler Big Show unleashed his violent persona and physically assaulted Green during a profanity-laced post-match interview, according to a lawsuit removed to Arizona federal court Friday.
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May 10, 2013
App Designers Lifted Data Transfer Patents, Suits Say
“Smurfs' Village” developer Capcom USA Inc. and other game makers were sued in Texas federal court Thursday, becoming the latest targets of frequent patent litigator Lodsys Group LLC over allegations that their app games violate two data communication patents.
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May 9, 2013
NBA Illegally Scuttled Merchandise Deal, Calif. Lawyer Says
A California businessman and entertainment lawyer sued the National Basketball Association on Wednesday for allegedly derailing a planned series of product tie-ins related to biographical videos of retired athletes, saying it falsely represented that his use of player likenesses was unauthorized.
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May 9, 2013
B. Braun Faces Patent Suit Over Medical Infusion Devices
Hospira Inc. hit B. Braun Melsungen AG's U.S. affiliate with a patent infringement suit in Delaware federal court on Wednesday accusing the medical device maker of stealing Hospira's designs for infusion pumps, infusion systems and other related technology.
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May 8, 2013
AbbVie, Teva Pay-For-Delay Deal Draws More Antitrust Claims
AbbVie Inc. and Teva Pharmaceutical Industries Ltd. were sued Tuesday in Pennsylvania federal court over a patent settlement that allegedly delayed market entry of a generic form of AbbVie's Niaspan cholesterol drug, the latest of several putative antitrust class actions against the companies.
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May 7, 2013
CoreValve Asks High Court To Define Patent Enablement
CoreValve Inc. urged the U.S. Supreme Court on Monday to clarify the Federal Circuit's prior art enablement doctrine, alleging the court adopted three battling standards and erroneously upheld Edward Lifesciences Corp.'s $73.9 million infringement award over catheter heart valve technology.
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May 7, 2013
Spotify Services Violate Data Cache Patents, Suit Says
Streaming music provider Spotify USA Inc. was hit with a lawsuit in Delaware federal court Monday by Parallel Networks LLC claiming that Spotify’s service violates two patents related to storing music data on the computers of users.
Expert Analysis
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Rise Of The Machines — Predictive Coding Goes Mainstream
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
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New USPTO Fee Rules, New Patent Prosecution Strategies
The U.S. Patent and Trademark Office's recently revised patent prosecution fee structure encourages quick and compact prosecution by raising fees for prosecution that requires significant examiner time, says Carl Schwartz of Quarles & Brady LLP.
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When And How To Consider Hiring In-House IP Counsel
When deciding whether to hire in-house intellectual property counsel, a company should consider its IP strategy and its IP budget. If a company is spending $250,000 or more on outside IP legal fees per year, it is at least worth considering hiring in-house patent counsel, says Scott Smith of Dorsey & Whitney LLP.
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Why 'Escape From Tomorrow' Likely Won't Make It To Theaters
"Escape From Tomorrow," a movie that premiered at the Sundance Film Festival this year, was shot on-site at Disney World without the permission or knowledge of The Walt Disney Co. Disney didn't file suit, but it appears that the strategy of silence has largely paid off up to this point, says Brent Lorentz of Winthrop & Weinstine PA.
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What To Do Before, During And After IP Mediation
Intellectual property mediation provides parties with the power to transfer the control of the outcome of their dispute from jurors back to where it most appropriately resides — with the parties themselves. But too many litigators and too many parties approach mediation as if it is a burden to be shouldered rather than an opportunity to be embraced, say Samuel Miller and Vernon Winters of Sidley Austin LLP.
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K-V Case Tests Limits Of ITC Jurisdiction
As illustrated by the recent K-V Pharmaceutical Co. case, the U.S. International Trade Commission will likely closely review complaints that could usurp the power of another federal agency and potentially undermine that agency's application of its own rules, say Eric Fues and Mareesa Frederick of Finnegan Henderson Farabow Garrett & Dunner LLP.
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An Update On Joint Infringement In Cloud Computing
Assuming a feature of cloud-based email service warrants patent protection, a method claim may need to cover the conduct of two or three entities that act in concert to put the email application into service. For claims of that sort, the Akamai decision makes proving induced infringement easier, says Steven Amundson of Frommer Lawrence & Haug LLP.
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Supreme Court Got It Right In Seed Dispute
On May 13, the U.S. Supreme Court unanimously affirmed the Federal Circuit and ruled that a farmer infringed Monsanto Co.’s patents for Roundup Ready seeds by growing subsequent, unauthorized generations beyond the first, authorized planting. The court did not set clear limits on the holding, which may be the source of controversy going forward, say attorneys with McAndrews Held & Malloy Ltd.
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Calif. To Draw The Lines In Disparagement Liability
The California Supreme Court's upcoming decision in Hartford Casualty Insurance Co. v. Swift Distribution Inc. will resolve a hot debate about the scope of implied disparagement liability under California law, likely determining whether insurers must defend lawsuits involving allegations of intellectual property infringement, unfair competition and false advertising, says Tyler Gerking of Farella Braun & Martel LLP.
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CLS Bank Ruling Provides No Guidance On Patent Eligibility
The decision in CLS Bank International v. Alice Corp. Pty. Ltd. spotlights the Federal Circuit’s serious divisions on Section 101 analysis. In the face of these divisions, decisions by Federal Circuit panels as to patent eligibility of specific claims under Section 101 will continue to be inconsistent, say Charles Macedo and David Goldberg of Amster Rothstein & Ebenstein LLP.