IP News
May 02, 2015
Fed. Circ.: Brand Pharmaceutical Company Entitled to 50% Of Generic Drug Maker's Profits During Patent Term Only <br>Fed. Circ.: Petitions For Panel Rehearing on Enhanced Damages In ' 284 Of the Patent Act Are Denied<br>Fed. Circ.: Defendant Unable to Seek Stay of Patent Infringement Suit Prior to PTAB Instituting Petitions Seeking Covered Business Method Reviews under AIA
<i>B&B</i> Offers Rest And Repose
May 02, 2015
The U.S. Supreme Court, in <i>B&B Hardware, Inc. v. Hargis Industries</i>, concluded that a TTAB finding of likelihood of confusion can have preclusive effect in a later infringement litigation.
Battling Grey Goods? Advantages of ITC Now Writ in Black and White
May 02, 2015
Customers in the United States often pay more for valued branded goods than buyers of the same goods in less well-developed economies. Higher prices here in the U.S. in turn support profits and shareholder value for manufacturers of branded goods, and strengthen domestic industry.Yet this pricing disparity for the same products in different markets creates an incentive for the so-called grey market.
Stalking Horse Bidder in Section 363 Sales: Benefactor or Predator?
May 02, 2015
Outside of U.S. bankruptcy usage, and for the vast majority of its life, the term "stalking horse" has referred to an artifice for predators. In some circumstances, a stalking horse bidder in a section 363 sale can more closely resemble the term's original meaning.
Federal Circuit Refuses to Review the PTAB's Decision to Institute IPR
April 02, 2015
In its first-ever ruling in an appeal from a final decision in an <i>inter partes</i> review (IPR) under the America Invents Act, the Federal Circuit affirmed the PTAB's rulemaking for conducting IPR proceedings. The Federal Circuit's decision leaves in place IPR rules that increase the likelihood of invalidating patents and solidifies IPR as an attractive alternative to district court litigation.
Castle Defense
April 02, 2015
In Part One, last month, the authors examined the Federal Circuit's <i>VirnetX</i> decision affirming lower courts' role as gatekeepers for expert testimony. The discussion continues herein.
ABI Bankruptcy Reform
April 02, 2015
The ABI Commission recently recommended decimating the concept of adequate protection for cash flow lenders and protecting their interest only to the extent of foreclosure value. According to the authors, this recommendation has no regard for the fact that cash flow loans are predicated on a sale of the business as a going concern or the practical difficulty in attempting to choose a value based on a hypothetical sale.
Federal Circuit Clarifies the Limits Of Patent Exhaustion
April 02, 2015
The Federal Circuit recently clarified the limits of patent exhaustion as it applies to "authorized acquirers" and "complementary goods," holding that authorized sales to persons practicing handset claims did not exhaust a patent owner's rights to enforce distinct but related content claims against defendant content providers who manage and deliver content to handset users.
The Case for the GC
April 02, 2015
In a time of increasing regulatory risk, global complexity and shareholder activism, the role of the corporate general counsel in the boardroom has never been more important. Yet, companies have been slow to recruit general counsels or seasoned attorneys to serve as independent directors.
IP News
April 02, 2015
Supreme Court: Findings on Likelihood of Confusion by TTAB <br>Federal Circuit: Actual Delay Not Required For Reducing Patent Term Adjustment<br>Federal Circuit: No Lost Profits for Related Unpatented Products
