Topic: Patents

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Maximise your IP to enhance franchise value

Franchising is, in essence, a business model built on intellectual property (IP) – it provides a useful forum for commercialising IP.  Franchisors gain by sharing use of their IP (including trade marks, patents, designs, copyright materials, know-how and/or confidential information) in return for a fee, and franchisees benefit by obtaining the benefit of an established … Continue reading

Productivity Commission’s Report on Australia’s IP system

The Inquiry Report into Intellectual Property Arrangements recently published by the Productivity Commission (Report) argues that Australia’s IP system is weighted too heavily in favour of rights holders and against the interests of the broader community. It has made various recommendations to correct this perceived imbalance. This article considers some of the recommended changes which, … Continue reading

UK Intellectual Property Office (IPO) cracks down on misleading invoices

The UK Intellectual Property Offices warns trade mark owners to not be fooled by “‘renewal’ notices to holders of UK registered patents and trade marks offering to renew the rights for fees greatly in excess of the official renewal fees.” See Warning. Don’t be fooled If you are a trade mark owner, the chances are … Continue reading

The long(er?) arm of the law

The United Kingdom’s recent Intellectual Property Bill (the Bill) is intended to modernize the IP system in in the UK to ensure it “operates more efficiently, is clearer and more accessible, thus increasing legal certainty.” The Bill, which has a primary focus on patents and designs, has broadly been welcomed by businesses and commentators alike. … Continue reading

US Supreme Court holds pay-for-delay subject to antitrust scrutiny but not presumptively unlawful

The fight to curtail “pay-for-delay” or “reverse payment” settlements between pharmaceutical patent holders and generic drug makers received a shot in the arm on Monday, as the Supreme Court held this week that these agreements are not immune from antitrust scrutiny.[1] The decision, however, was not a complete victory for either regulators or private plaintiffs. … Continue reading

US Supreme Court rules isolated DNA is not patent-eligible

In Association for Molecular Pathology v. Myriad Genetics, Inc., No. 12-398 (US June 13, 2013), the Supreme Court rejected more than a decade-long practice of issuing patents directed to “isolated” DNA molecules by narrowly holding that such molecules were products of nature that are not patent-eligible. However, the Court also affirmed that some cDNA molecules … Continue reading

Are infringements of IP rights on the horizon with the advent of 3D printers?

When web sites first started to proliferate, owners of intellectual property like music, photos, films, and other visual arts became concerned with the ease of copying their IP. A similar situation is starting to arise for patent, copyright, and trademark owners with the advent of three-dimensional printing (“3D printing”). For those who think 3D printing … Continue reading

K-V Pharmaceuticals Calls Upon the ITC To Defend Its Makena® Brand

In February, 2011, K-V Pharmaceuticals received FDA approval to market its branded pregnancy drug, Makena® as an orphan drug. Makena’s active ingredient, the hormone 17 HPC, aids at-risk expectant mothers in carrying their child to term. As we previously reported, K-V sued the FDA demanding that it prevent compounding pharmacies from continuing to supply a … Continue reading

Pay-For-Delay Enforcement Heats Up in the Wake of In re K-Dur Antitrust Litigation

The Third Circuit’s decision in In re K-Dur Antitrust Litigation breathed new life into the FTC’s fight against pay-for-delay settlement agreements. Since that decision, the FTC has acted with renewed vigor and sought to attack these agreements on a number of different fronts. A. FTC’s Attempt to Expand K-Dur Ruling In the past three months, … Continue reading

Using Design Patents to Bridge the Gap in a Package Redesign

Over at Fast Company’s Co.DESIGN blog, Christine Hall and Dale Doyle of Landor Associates offer some tips on getting the most out of packaging redesign, using their design of the packaging for Kraft Foods’ new MiO liquid water flavor enhancer as a case study. Among other things, Hall and Doyle recommend thinking about packaging as … Continue reading

En Banc Federal Circuit Addresses ‘Joint Infringement’ Standard

On August 31, 2012, the Federal Circuit, sitting en banc, addressed the “problem of divided infringement.” Akamai Techs., Inc. v. Limelight Networks, Inc., No. 2009-1372, slip op. at 10 (“Akamai“). In granting en banc rehearing in Akamai, the court requested briefing on the question: “If separate entities each perform separate steps of a method claim, … Continue reading

UPDATE: KV Cannot Require FDA to Protect the Market Exclusivity of Makena®

As we previously reported, K-V Pharmaceutical and its THER-Rx subsidiary (“KV”) sued the FDA in an effort to compel the agency to enforce KV’s market exclusivity for its drug, Makena®. At the center of the case, was the FDA’s decision to allow pharmacies to continue to offer a compounded version of the drug to patients. … Continue reading

UPDATE | Reps Propose “Loser Pays” for Long-Shot Patent Suits

On August 23, we reported on the recently proposed SHIELD Act which targets patent assertion entities (PAEs) by permitting courts to award attorney fees in some cases involving “computer patents.” A recent report by the Congressional Research Service cautions that the SHIELD Act may run afoul of the Agreement on Trade-Related Aspects of Intellectual Property … Continue reading

Reps propose “loser pays” for long-shot patent suits

Congressmen Peter DeFazio (D-Oregon) and Jason Chaffetz (R-Utah) have introduced the SHIELD Act (Saving High-Tech Innovators from Egregious Legal Disputes, H.R. 6245) to combat the perceived threat of non-practicing entities (NPEs) to American innovation. Specifically, the Act would allow a court to award attorneys’ fees to a prevailing party in cases involving computer patents without … Continue reading

EU’s highest court allows extended patent protection for new medical uses of known products

Last month, the European Court of Justice (ECJ) ruled that drug companies are eligible for extended patent protection on new medical uses for known products. Neurim Pharmaceuticals Ltd. was entitled to a supplementary protection certificate (SPC), which provide additional patent protection for pharmaceutical products beyond the expiration date to compensate for the time spent getting … Continue reading

European Commission Sends Statement of Objections to Lundbeck Over Patent Settlements

On July 25, 2012, the European Commission (the “Commission”) announced that it has sent a statement of objections (the “statement”) to Danish pharmaceutical company, Lundbeck, as part of its investigation into agreements concluded with four generic competitors concerning the antidepressant Citalopram. The Commission launched formal proceedings against Lundbeck in 2010, following its pharmaceutical sector inquiry. … Continue reading

Third Circuit Finds Pay-for-Delay Settlements Prima Facie Unlawful

The Third Circuit’s opinion on July 16, 2012, in In re K-Dur Antitrust Litigation, sharpened the divide between the circuits on the appropriate antitrust treatment of pay-for-delay patent settlements by rejecting the scope-of-the-patent test and embracing a “quick look” approach that finds these types of settlements prima facie unlawful. The court’s decision is a major … Continue reading