By Dorothy Atkins (July 9, 2024, 10:33 PM EDT) — Bard urged the Ninth Circuit on Tuesday to reverse a lower court’s finding that its attempt to collect $53 million in licensing payments from a medical-device company was a clear case of “patent misuse,” arguing that the parties’ licensing agreement allows for Bard to collect […]

In Intellectual Tech v. Zebra Technologies 2022-2207 (Fed. Cir. May 1, 2024), this decision addresses a district court’s determination that the patent owner plaintiff lacked constitutional standing because it was divested of all exclusionary rights over the patent at issue upon default. Background Plaintiff Intellectual Tech, LLC (“IT”) appealed from a decision of the United

Publication date 10 July 2024. Source link

By Hailey Konnath (July 9, 2024, 10:33 PM EDT) — The rock band Nirvana, the fashion brand Marc Jacobs International LLC and a former record company employee have reached a settlement resolving a yearslong dispute over Nirvana’s “smiley face” logo, according to a joint report filed in California federal court Tuesday…. Law360 is on it,

[co-author: Cassandra Mirarchi] On June 17, 2024, the Federal Circuit issued a precedential opinion reversing a preliminary injunction imposed in a trade secret case, explaining that the district court abused its discretion by, inter alia, failing to fully analyze the requirements for trade secret protection under the Defend Trade Secrets Act (“DTSA”).1 In particular, the

By Andrew Karpan (July 9, 2024, 10:25 PM EDT) — South Africa’s antitrust office has said it’s going to drop its investigation over whether Johnson & Johnson engaged in anticompetitive conduct by filing a patent there for a tuberculosis drug, after the drugmaker agreed to lower the cost of bedaquiline by 40% and allow generic

[co-author: Chandler Lawn] Global music superstar Taylor Swift began her music career in Nashville, so we thought it fitting that on July 1, with the end of the Eras Tour in sight, the Ensuring Likeness Voice and Image Security (ELVIS) Act went into effect in Tennessee. This marks the latest front in the effort to

By Adam Lidgett (July 9, 2024, 9:17 PM EDT) — A Delaware federal court on Tuesday shot down HEC Pharm Co.’s bid for damages stemming from a preliminary injunction against it over the launch of a generic version of Novartis Pharmaceuticals’ blockbuster multiple sclerosis treatment Gilenya…. Law360 is on it, so you are, too. A

The Patent Trial and Appeal Board (Board) has published an updated Oral Hearing Guide to reflect current practice before the Board. The changes include: Remote option for participating in America Invents Act (AIA) trials Viewing remote a Board hearing, either in person or remotely Clarification for using demonstratives in ex parte appeals hearings Clarification on

On May 23, 2024, the U.S. District Court for the Western District of Pennsylvania dismissed a trade secret misappropriation claim for failure to identify a trade secret. The case is titled Vertical Bridge REIT, LLC v. Everest Infrastructure Partners, Inc., Case No. 23-1017 (W.D. Pa. 2024). Allegations. PlaintiffVertical Bridge (“VB”) and its related entities own