Intellectual Property

July 11, 2020

On June 15, 2020, the Supreme Court denied a petition for certiorari from the Federal Circuit’s 2019 Eli Lilly & Co. v. Hospira, Inc. opinion affirming infringement under the doctrine of equivalents (DOE). In doing so, the Supreme Court put to rest a more than decade-long dispute over attempts to market a generic version of Lilly’s Alimta®. At issue in this latest iteration of Alimta ANDA litigation was Lilly’s U.S. Patent No. 7,772,209 (the ’209…

Big Molecule Watch

Biologic and Biosimilar Approval Updates

By Big Molecule Watch

July 10, 2020

The U.S. FDA recently approved Genentech’s Phesgo for the treatment of early and metastatic HER2-positive breast cancer, in combination with chemotherapy. Phesgo is a fixed-dose combination of pertuzumab, trastuzumab, and hyaluronidase, administered via subcutaneous injection. Fujifilm Kyowa Kirin Biologics recently announced that it received approval in Japan for its adalimumab product, the first adalimumab biosimilar to Abbvie’s Humira® approved in Japan. Commercialization of the product will be handled by Fujifilm’s partner, Mylan. The post…

The IP Breakdown

How Much Mischief Can Copyright Registrations Cause?

By Rick Sanders

July 10, 2020

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What Happens if Reasonable Minds Could Disagree Whether Information in a Copyright Registration Is “Inaccurate”? Last time, I wrote about an outrageous legal result, Unicolors v. H & M. Because the copyright holder made a ministerial (i.e., minor) mistake on its copyright registration application form, it had a very large judgment for copyright infringement thrown out. It had won at trial, been awarded money damages by a jury, then been awarded its attorneys’…

The Brand Protection Blog

July Update – Response from Canadian Courts to COVID-19

By Madeleine Hodgson (CA), Mat Brechtel (CA) & Natasha John

July 10, 2020

Canadian jurisdictions continue to relax social distancing measures and take steps towards resuming operations while maintaining safe practices. This post provides an update on the status of the courts across Canada. We will continue to provide updates as matters progress. Please feel free to reach out to our litigation team with any questions you may have. The Federal Court On June 25, the Federal Court released a new Practice Direction Update and a Consolidated COVID-19 …

DuetsBlog

NEVER Means Forever, Until it Doesn’t

By Steve Baird®

July 10, 2020

Never is supposed to last forever. Forever is never supposed to come to an end. Neither are possible to measure in time, for as long as they continue to be true. The wait for either to fail, can last for an infinite period of time, until they collide. We have witnessed such a collision during the past week in our Nation’s Capital. Despite majority owner Daniel Snyder’s 2013 promise to “NEVER“ change it, the Washington…

Patentology Blog

How Many Patents Are There?

By Mark Summerfield

July 9, 2020

A question that I see asked from time-to-time is: ‘how many granted, enforceable patents actually exist?’ The answer obviously changes almost every day, as old patents cease or expire, and new patents are granted. That being said, as of 6 July 2020 there were, according to IP Australia’s records, 160,822 standard patents in force in Australia, along with 1,254 certified innovation patents. Of these, the enforceable standard patents were most likely to be around…

Patents Post-Grant

CAFC Likely to Vacate PTAB Issue Joinder Prohibition

By Scott McKeown

July 9, 2020

IPR Joinder Decisions Unreviewable Post-Thryv? On July 8th, in Fitbit, Inc. v. Valencell, Inc., the Federal Circuit appeared to telegraph that it will vacate its decision in Facebook, Inc. v. Windy City Innovations, LLC. Will the PTAB follow its former precedent if it is reinstated?…

Global IP & Technology Law Blog

The PTAB Relies on the Adversarial Nature of AIA Proceedings

By Frank Bernstein

July 9, 2020

On July 6, 2020, in Hunting Titan, Inc. v. Dynaenergetics Europe GMBH, a Precedential Opinion Panel (POP) of the Patent Trial and Appeal Board (PTAB or Board) granted a patent owner’s motion to amend, after the Board denied the motion in an August 2019 Final Written Decision. This was only the fourth such decision since the POP’s creation.[1] The POP relied on the adversarial nature of PTAB proceedings and emphasized that the PTAB will…

The IP Law Blog

The “Wolf of Wall Street” Defamation Suit – The Risk of an “Inspired By” Character in Movies and TV

By Scott Hervey

July 9, 2020

The motion picture Wolf of Wall Street was based on a book of the same title written by Jordan Belmont. In the book, Andrew Greene, who was director, general counsel, and head of the corporate finance department at Stratton Oakmont between 1993 and 1996, was discussed extensively. In the book, Greene is referred to by his nickname “Wigwam” (a reference to his toupee) and described as engaging in criminal conduct. In the motion picture, Wolf…

Ireland IP & Technology Law Blog

Is a functional shape precluded from copyright protection?

By Alice Chaplin

July 9, 2020

In a recent case, the Court of Justice of the European Union (CJEU) considered whether a functional shape is precluded from copyright protection. The case was referred from the Commercial Court of Liège (Belgium) (C-833/18). Background The original case before the Commercial Court of Liège concerned a claim for copyright infringement brought by an English company, Brompton Bicycle Ltd (Brompton). Since 1987, Brompton has marketed and sold folding bicycles. The Brompton Bicycle, which…

Intellectual Property

Feel Like DOE is Having a Rebirth in Life Science Cases? You’re Not Alone

Biologic and Biosimilar Approval Updates

How Much Mischief Can Copyright Registrations Cause?

July Update – Response from Canadian Courts to COVID-19

NEVER Means Forever, Until it Doesn’t

How Many Patents Are There?

CAFC Likely to Vacate PTAB Issue Joinder Prohibition

The PTAB Relies on the Adversarial Nature of AIA Proceedings

The “Wolf of Wall Street” Defamation Suit – The Risk of an “Inspired By” Character in Movies and TV

Is a functional shape precluded from copyright protection?

Intellectual Property Blogs

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