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IPO Daily News™

Thursday, 21 February 2019

21 February 2019

* FEDERAL CIRCUIT DISQUALIFIES LAW FIRM FOR CONFLICT OF INTEREST

Dr. Falk Pharma Gmbh v. Generico, LLC, 17-2312 — In an 8 February order by Judge O’MALLEY that was published yesterday, the Federal Circuit granted motions to disqualify Mylan’s law firm in three patent appeals. Mukerjee and Soderstrom represented Mylan while at Alston & Bird and after joining Katten Muchin Rosenman LLP. Katten was currently representing subsidiary Bausch & Lomb in trademark litigation. Mylan argued that the firm’s engagement letter did not preclude Katten from representing clients adverse to Valeant-CA because the letter created an attorney-client relationship only between Katten and Bausch & Lomb, and because Katten was not a “key firm.”

The Federal Circuit disagreed. The letter “broadly defined Katten’s client as any Valeant entity” and thus “create[d] an ongoing attorney-client relationship between Katten and Valeant-CA” as well as its subsidiaries. A provision in the engagement letter stating heightened expectations of “loyalty from key firms” did not exempt Katten from adhering to ethical rules concerning conflicts. Here, Katten’s representation of Mylan created a conflict of interest that warranted disqualification, particularly because it did not inform Valeant-CA of the potential conflict.
(1 to 4 stars rate impact of opinion on patent & trademark law)

ATTEND IPOwners Spring Summit™ ON 7 MARCH

Join IPO on 7 March 2019 for the 2nd Annual IPOwners Spring Summit™ in Austin, Texas. Parallel sessions will be offered in the morning for in-house and outside counsel focusing on corporate IP best practices. Attendees will join together in the afternoon to discuss IP investigations, the global IP landscape, and for a one-hour ethics session. This year, IPO added more networking time to the program including a continental breakfast, coffee breaks, luncheon, and two-hour closing reception. For more information or to register, visit www.ipo.org/SpringSummit19.

IP IN THE MASS MEDIA

European Council Approves Proposed Copyright Directive

Yesterday Reuters reported that the European Council had approved revised copyright rules, which are subject to EU Parliamentary approval, that would impose new licensing and filtering requirements related to online content.


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.


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