IPO Daily News™
Tuesday, April 22, 2014
* * DISTRICT COURT’S PATENT INFRINGEMENT JUDGMENT FINAL DESPITE POSSIBILITY OF POST-VERDICT DAMAGES
Sanofi-Aventis Deutschland GmbH v. Glenmark Pharmaceuticals Inc., USA 12-1489 — On Monday in an opinion by Judge NEWMAN, the Federal Circuit upheld a district court finding of infringement against Glenmark. Sanofi’s patent claimed a drug for treating hypertension, which was sold under the brand TARKA. Glenmark admitted infringement, the patent was found not invalid, and Sanofi was awarded over $16 million in lost profits and price erosion damages.
In the order entering judgment, the district court retained authority to assess post-verdict damages if the judgment was upheld on appeal. Sanofi argued the Federal Circuit lacked jurisdiction because the district court did not enter a document titled “final judgment.” Glenmark argued that under federal rules a judgment may be final although an accounting of damages is incomplete. The Federal Circuit held no “magic words” were needed for a judgment to be final. The district court’s order with a provision for an accounting of any post-verdict damages did not negate the finality of the judgment.
(1 to 4 stars rate impact of opinion on patent & trademark law)
IP IN THE MASS MEDIA
Chief Justice Roberts Declines to Stay Decision Invalidating Copaxone Patent
On Friday the Chief Justice of the U.S. Supreme Court declined to grant Teva Pharmaceutical Industries Ltd.’s request to stay a Federal Circuit ruling invalidating the company’s patent on Copaxone, a multiple sclerosis drug. The Supreme Court has agreed to hear the case on appeal, and if Teva wins, it could recover damages from generic manufacturers. (Wall Street Journal)
Article Discusses Aereo Copyright Case
On Sunday the Wall Street Journal published an op-ed on the Aereo copyright case. The author pointed to flaws in Aereo’s legal argument and stated that whether the company publicly performs copyrighted content when it retransmits broadcasts is “a straightforward question with only one common-sense answer.” IPO EDITOR’S NOTE: The case will be argued today.
Former USPTO Director
IP QUOTES: STATEMENTS BY OPINION LEADERS RIGHT AND WRONG
“The issue we face right now [with patent litigation reform legislation] is whether we are going to get the pendulum to the center point, to the right place, or whether we are sort of going to give in to the nuttiness and the rhetoric. . . . The problem I see if we give in to that rhetoric is we risk really overswinging that pendulum and winding up with dramatic inhibitors on innovation.” DAVID KAPPOS, former USPTO head, speaking at Bloomberg conference on April 1, 2014.
PATENT INVALIDATION PROCEDURES AT IPO’S MAY 7 CONFERENCE
A session on developments in post-grant review, invalidation under the Unified Patent Court, and how to invalidate patents will be held at IPO’s May 7 conference on “Leveraging a (More) Harmonized IP World” in Brussels, Belgium. Panelists include KEVIN MOONEY, Chairman of the Rules Drafting Committee at the Unified Patent Court; JOHN PEGRAM, Fish & Richardson; HON. TILMANN BÜTTNER, Düsseldorf Landgericht; and BRUCE COCKERTON, Carpmaels & Ransford LLP. Click here to view the program and to register. Space is limited.
TOMORROW ON IPO’S IP CHAT CHANNEL: CONFLICTS OF INTEREST
Tune in to the IP Chat Channel, Wednesday, April 23 at 2:00p.m. ET for a discussion on Conflicts of Interest: Opinions of Counsel and Patent Litigation (including Disqualification). Patent practice offers many opportunities for conflicts of interest between corporate clients and their law firm attorneys. This webinar will examine conflict rules and scenarios in both opinion work and litigation. Our panel includes JOHN CHEEK, the deputy chief of IP at Caterpillar Inc., PROF. LISA DOLAK of the Syracuse University College of Law, a leading authority on IP and legal ethics, and experienced patent litigator CHRISTOPHER LARUS of Robins, Kaplan, Miller & Ciresi L.L.P. Their discussion will quickly review the ABA Model Rules of Professional Conduct, implementation by states, and differences among regional circuits regarding disqualification; discuss conflict scenarios involving opinion work, such as when a corporate client hires a law firm to opine that a patent is invalid, only to discover that the firm represents the patent owner; assess varying scenarios involving conflicts in litigation, such as whether a law firm should ask a client for a waiver to represent a party opposing the client, and conflicts arising after information is shared during “meet-and-greet” sessions between a law firm and a potential client; and examine where the line falls between clear-cut ethical lapses and client expectations of loyalty. To register, click here. Ethics CLE will be applied for. IP Chat Channel webinars are recorded and available after the live webinars at www.ipo.org/IPChatChannel.
SESSION ON DISCOVERY AT IPO’S APRIL 25 ITC LITIGATION CLASS
A session on discovery will be offered during IPO’s “Advanced ITC Litigation Class” on April 25 in Palo Alto, CA. Speakers will focus on important aspects of discovery in a Section 337 investigation, including compliance with the Judges’ Ground Rules, discovery from foreign entities, e-discovery, and discovery related to source code. Particular emphasis will be put on how to control the cost of discovery without compromising your case. Panelists include SCOTT PIVNICK, Alston & Bird LLP; ANDREW PRATT, Venable LLP; and ANDY WILSON, Logikcull. Click here to view the program and to register. Space is limited.
Law & Advocacy
Friday, February 21, 2014
2014 USPTO BUDGET WILL ALLOW HIRING, SATELLITE OFFICES
During the quarterly meeting of the USPTO’s Patent Public Advisory Committee (PPAC), Chief Financial Officer TONY SCARDINO reported that the 2014 appropriations bill signed in January funds the USPTO at $3.024 billion – $90.8 million above the fiscal 2013 enacted level and $238.3 million above the fiscal 2013 sequestration level. The budget will allow the USPTO to hire 1,000 patent examiners and 63 administrative patent judges and provides funding related to opening satellite offices in San Jose, Denver, and Dallas. Projected 2014 spending is estimated at $2.948 billion. The White House will release its fiscal 2015 budget on March 4.