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Past Week’s Daily News™

Friday, 21 July, 2017 12:28 pm

IP IN THE MASS MEDIA

New York Judge Throws Out Copyright Infringement Suit Against Ethiopian Cookbook Author

Yesterday the New York Law Journal reported that a federal judge in New York threw out a copyright infringement case brought by Ethiopian cookbook author IAN SCHLEIFER against KITTEE BERNS, stating that “to the extent the two works have general similarities—including the fact that both are about vegetarian or vegan Ethiopian cuisine, the inclusion of illustrations of prepared dishes, and descriptions of foods as spicy, spongy, or the like—these elements simply do not amount to a claim for copyright violation.”

LYNNE BOISINEAU PROVIDES IPO ANNUAL MEETING SESSION PREVIEW

The Right of Publicity is a mechanism for protecting the name, voice, image, likeness, signature, or photograph of a particular person that has been around since the mid-1900s. However, with the advent of the Internet, and more specifically, social media, the Right of Publicity has become an area fraught with potential missteps, many of which are actionable under state statute, or sometimes under common law, with an erratic treatment depending on the state in the U.S. where the acts occurred. There are certain guidelines and steps that companies can take to minimize Right of Publicity risks that will be featured in IPO’s Annual Meeting opening trademark session on Monday, 18 September, at 9:00a.m. Click here to read the full preview written by LYNNE BOISINEAU (McDermott Will & Emery).




Thursday, 20 July, 2017 12:32 pm

IP IN THE MASS MEDIA

Bloomberg Reports on Appeal of Eastern District of Texas Venue Ruling

Today Bloomberg BNA reported on supercomputer maker Cray Inc.’s appeal seeking an order that U.S. District Judge RODNEY GILSTRAP transfer out of the Eastern District of Texas a suit brought against it by Raytheon claiming infringement of four patents related to supercomputer hardware and software. Gilstrap previously ruled that venue is proper in the district because a Cray work-at-home salesperson in the district constitutes a “regular and established place of business.”

Amazon Updates Patent Provisions in Cloud Computing Customer Agreement

Yesterday CNBC reported that Amazon.com has eliminated a “non-assert” clause in its cloud computing customer agreement that prohibited customers from suing Amazon for patent infringement. The company has also indicated that it will defend customers who are sued for patent infringement related to its Amazon Web Services.

Spotify Sued for Copyright Infringement

Yesterday Pitchfork reported on copyright infringement suits brought against Spotify by Nashville-based publisher Bluewater Music Services Corporation and by songwriter and former member of Frankie Valli and the Four Seasons BOB GAUDIO claiming that the music streaming service streamed works from their catalogs without authorization.

IP Chat Channel Logo

TODAY ON IPO’S IP CHAT CHANNEL — WINNING ATTORNEY FEES: WHAT WORKS, WHAT DOESN’T

Tune in to the IP Chat Channel today at 2p.m. ET for Winning Attorney Fees: What Works, What Doesn’t. Our panel of litigators – D. CLAY HOLLOWAY (Kilpatrick Townsend & Stockton LLP), LIONEL LAVENUE (Finnegan, Henderson, Farabow, Garrett & Dunner LLP), and ROBERT PALMERSHEIM (Honigman Miller Schwartz & Cohn LLP) – all have firsthand experience of patent litigation fee fights. IP Chat Channel webinars are recorded and available on our website after the live webinars. CLE granted in many states.

 

Perry & Currier

PCK IP TO SPONSOR IPO’S ANNUAL MEETING

PCK IP | Perry + Currier Inc. | Currier + Kao LLP will co-sponsor the Women in IP Networking Brunch at the 17-19 September IPO Annual Meeting in San Francisco.




Wednesday, 19 July, 2017 12:26 pm

IPO SUPPORTS EN BANC REHEARING IN HELSINN

Last week IPO filed an amicus brief supporting Helsinn’s petition for en banc rehearing of Helsinn Healthcare S.A. v. Teva Pharms. USA, Inc. The Federal Circuit previously overruled the district court saying “after the AIA, if the existence of the sale is public, the details of the invention need not be publicly disclosed in terms of the sale” for the on-sale bar to apply. IPO’s brief argues that the panel decision is inconsistent with the USPTO’s post-AIA view of the scope of the on-sale bar and is facially inconsistent with the court’s en banc decision in Medicines. IPO urged en banc rehearing in order to clarify the application of the AIA’s on-sale bar. The brief was drafted by ROBERT ISACKSON, TODD NOSHER, and JOSHUA CUMBY of Venable LLP.

TRUMP ADMINISTRATION PUBLISHES NAFTA RENEGOTIATION OBJECTIVES

On Monday U.S. Trade Representative ROBERT LIGHTHIZER announced the Trump administration’s objectives for negotiating the North American Free Trade Agreement, including eliminating “burdensome restrictions of intellectual property.” Specific objectives concerning intellectual property rights include promoting “adequate and effective protection of intellectual property rights” by ensuring “a standard of protection similar to that found in U.S. law” and preventing or eliminating “discrimination with respect to matters affecting the availability, acquisition, scope, maintenance, use, and enforcement of intellectual property rights.” The objectives also seek to “secure fair, equitable, and nondiscriminatory market access opportunities for United States persons that rely upon intellectual property protection.” The full list of intellectual property objectives begins on page 9 of the Summary of Specific Negotiating Objectives for the Initiation of NAFTA Negotiations.

IP IN THE MASS MEDIA

Qualcomm CEO Discusses Possibility of Settlement in Patent Lawsuit with Apple

On Monday Fortune reported on a statement made by Qualcomm CEO STEVE MOLLENKOPF discussing the possibility of an out of court settlement in the company’s patent infringement suit against Apple. The global chip maker seeks to have Apple products that contain competing mobile communications chips barred from the U.S.

Wrigley Sues E-Cigarette Manufacturer for Trademark Infringement

On Tuesday U.S. World & News Report reported that chewing gum maker Wrigley sued Chi-Town Vapers for trademark infringement, claiming that the e-cigarette maker’s “Dbl Mint” and “Joosy Fruit” e-cigarette liquids feature logos confusingly similar to those of its Doublemint and Juicy Fruit brands.




Tuesday, 18 July, 2017 12:39 pm

Federal Circuit Summaries Logo

* * DISTRICT COURT ERRED IN OBVIOUSNESS ANALYSIS FOR PATENTED COMPOUND

Millennium Pharms., Inc. v. Sandoz Inc. 15-2066 — Yesterday in an opinion by Judge NEWMAN, the Federal Circuit reversed a district court’s invalidity finding. The patent claimed a freeze-dried (“lyophilized”) formulation of bortezomib to produce the D-mannitol ester of the compound for treating multiple myeloma, marketed under the brand Velcade®. Sandoz filed an Abbreviated New Drug Application seeking to market a generic version of the drug. The district court found the claims would have been obvious as “the inherent result of an allegedly obvious process,” that is, “lyophilizing bortezomib in the presence of the bulking agent mannitol.” Millennium argued that a skilled artisan would have avoided this process because the compound was known to be unstable for freeze drying.

The Federal Circuit said the district court erred in its obviousness analysis. The prior art contained no teaching or suggestion of the D-mannitol ester of bortezomib, that it would form through lyophilization, or that it would have “long-sought properties of stability and solubility, and sufficiently dissociate to release bortezomib … all critical to effective use for treating multiple myeloma.”
(1 to 4 stars rate impact of opinion on patent & trademark law)

BOOK YOUR HOTEL ROOM FOR IPO’S ANNUAL MEETING– 17-19 SEPTEMBER IN SAN FRANCISCO, CALIFORNIA

IPO has reserved a block of rooms at the Marriott Marquis in San Francisco, where the conference is taking place. Please make your hotel reservation by reserving online or calling the hotel directly at 1-877-622-3056 and referencing “2017 IPO Annual Meeting.” The discounted conference rate of $309/night + taxes is available until 18 August, or until the room block is sold out, whichever comes first. Space is limited. Please reserve early. For more information about the hotel or to register for the meeting, visit www.ipo.org/AM2017.

IP IN THE MASS MEDIA

Cloudflare Offers Public Bounty for Prior Art to Assert against Blackbird Patent

Last week Bloomberg BNA reported that ISP Cloudflare, Inc. offered a $50,000 award for prior art that could be asserted against Blackbird Technologies Inc. patent in its suit claiming that Cloudflare infringed the patent on a system for monitoring the transmission of data on the internet.

National Law Review Reports on Patent Litigation on Biosimilars in Japan

Yesterday The National Law Review reported on biosimilar uptake and patent litigation in Japan, noting that because its Pharmaceuticals and Medical Devices Agency does not approve generic or follow-on biological products before a drug patent expires, Japan experiences less patent litigation on these products.

JOIN US FOR AN ORIENTATION TO IPO

New to IPO? Already a member but need to refresh your memory on the benefits? Trying to find ways to get your staff involved? Join us for a 30 minute IPO membership orientation call. Calls for corporate and small business members are held on the 3rd Tuesday of each month from 2:00p.m. ET to 2:30p.m. ET. Calls for law firm members are held on the 4th Tuesday of each month from 2:00p.m. ET to 2:30p.m. ET. Contact Lorna Soderberg for further information.




Monday, 17 July, 2017 12:27 pm

IP IN THE MASS MEDIA

BBC Asks Whether Threat of Copyright Lawsuits Stifles Musicians

Last week BBC News published an article titled “Is the threat of a copyright lawsuit stifling music?” discussing music experts’ advice that artists refrain from mentioning publicly the music that has inspired them following a U.S. jury verdict that ROBIN THICKE’S and PHARRELL WILLIAM’S “Blurred Lines” copied MARVIN GAYE’S “Got to Give it Up.”

Photographer Sues P&G for Copyright Infringement

Today Cincinnati.com reported that photographer ANNETTEE NAVARRO sued Procter & Gamble for copyright infringement, claiming the company used her photographs on packaging for Jergens, John Frieda, CoverGirl, Olay, and other products beyond the terms of their license agreements.

IP Chat Channel Logo

THIS WEEK ON IPO’S IP CHAT CHANNEL — WINNING ATTORNEY FEES: WHAT WORKS, WHAT DOESN’T

Tune in to the IP Chat Channel this Thursday, 20 July, at 2p.m. ET for Winning Attorney Fees: What Works, What Doesn’t. It has been three years since the U.S. Supreme Court decision in Octane Fitness made it easier for parties in patent litigation to recover attorney fees. Today, litigants request fees more frequently, and judges grant those requests at a higher rate.

But the path to winning fees isn’t straightforward. Our panel of litigators – D. CLAY HOLLOWAY (Kilpatrick Townsend & Stockton LLP), LIONEL LAVENUE (Finnegan, Henderson, Farabow, Garrett & Dunner LLP), and ROBERT PALMERSHEIM (Honigman Miller Schwartz & Cohn LLP) – all have firsthand experience of patent litigation fee fights. They will discuss issues including:

• How to choose between a Rule 11 sanction or a Section 285 fee award when both may be attainable;
• How to handle the delicate matter of disclosing billable hours and hourly fees, particularly in joint defense groups;
• Is there a best time to request fees?; and
• What are the routes to collecting fees from a non-practicing entity that is using a corporate veil to shield assets?

IP Chat Channel webinars are recorded and available on our website after the live webinars. CLE granted in many states.

IPO 2017 ANNUAL MEETING COMMITTEE PRESENTATIONS

Earn up to 12-14 CLE credits at the IPO 2017 Annual Meeting in San Francisco, California. Concurrent committee CLE presentations are being offered on Monday, 18 September. The committees include: Asian Practice; Copyright Law & Anti-Piracy; Corporate IP Management; European Practice; IP Licensing; Industrial Designs; International Patent Law & Practice; and Litigation. To view the session descriptions and speakers, refer to page 5 in the brochure. For more information or to register, visit www.ipo.org/am2017.