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Intellectual Property

Patent Filings Roundup: Medtronic Hit with Seven IPRs, Huawei Fields Multiple District Court Complaints

PTAB (31 new filings) Case Number Action Owner Petitioner Patent IPR2020-00687 Filed Parus Holdings Inc. Apple Inc. 9451084 IPR2020-00686 Filed Parus Holdings Inc. Apple Inc. 7076431 IPR2020-00715 Filed Medtronic, Inc. Axonics Modulation Technologies, Inc. 8036756 IPR2020-00714 Filed Medtronic, Inc. Axonics Modulation Technologies, Inc. 9463324 IPR2020-00681 Filed Targeted Radio LLC [Acacia] Unified Patents, LLC 8948684 IPR2020-00718 …

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Sanofi Decision Presents Opportunities to Clear the Patent Thicket for Generic Pharmaceuticals

“The Sanofi decision behooves drug sponsor, generic manufacturers, and drug purchasers alike to examine the Orange Book listings for potentially improperly listed patents.” The U.S. Court of Appeals for the First Circuit has made brand companies think twice about creating patent thickets in the Orange Book by resuscitating an antitrust suit against Sanofi by direct …

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Everything Depends on Coronavirus R&D Partnerships—Don’t Let the Critics Wreck Them

“When we do come up with a vaccine (or more than one) the government is going to be the buyer…. And, if necessary, the government has the power to seize business assets (including inventions) to allow it to deal with a national emergency first and worry about fair compensation later. So, you’ll spend your time …

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The IP Bar Weighs in on CAFC Denial of Arthrex Rehearing

Yesterday, the U.S. Court of Appeals for the Federal Circuit denied rehearing en banc in Arthrex v. Smith & Nephew. Five of the 12 Federal Circuit judges wrote separately to explain their reasons for denying, or dissenting from denial on, rehearing. IPWatchdog Founder and CEO Gene Quinn said the order reveals a chaotic and disorganized …

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Death at a Funeral – or Birth? Why the German Court’s Decision on the UPC May Not be the End

“Even if the Alternative for Germany party, which is said to be critical of the UPC, and the communist party, which voted against subsequent UPC related legislation, were to vote against the approval act, the government should have no difficulty in securing a 2/3 majority.” On Friday, March 20, the German Constitutional Court (“Bundesverfassungsgericht”, “BverfG”) …

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Supreme Court Says State of North Carolina is No Copyright Pirate in Blackbeard Ruling

“The Supreme Court’s unanimous decision in favor of state sovereignty may be a bit surprising, given the skepticism expressed by several justices toward North Carolina’s case during oral arguments in the October 2019 Term…. But ultimately, in its March 23 decision, the justices looked in part to the Court’s previous decision in Florida Prepaid to …

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Federal Circuit Will Not Reconsider Arthrex Appointment Clause Ruling

“Instead of a limited review of weak patents that Director Kappos assured me would amount to no more than 500 cases a year, the AIA has created a tsunami of new cases…. The current judicial squabble over Arthrex and its implications may at least have the virtue of prompting Congressional review on the impact of …

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Navigating Court and USPTO Practices During the COVID-19 Crisis: Tips for Practitioners and Litigants

“Many courts across the country are encouraging hearings and arguments through video or teleconference. As the situation is dynamic and subject to change at any time, parties should be prepared to argue their cases remotely, no matter which court their case is before.” In the past week, the COVID-19 pandemic has led courts across the …

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Stopping Cyber-Fakes: A Guide to the SHOP SAFE Act 2020

“The ‘safe harbor’ incentives [of the SHOP SAFE Act] only apply to goods that could implicate the health or safety of the consumer. The bill defines such goods as those whose use could lead to illness, disease, injury, adverse event, allergic reaction, or death. So, the unfortunate purchasers of a perfectly safe, but nevertheless fake, …

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District Court Finds Katy Perry’s ‘Dark Horse’ Not Substantially Similar to ‘Joyful Noise’ Ostinato

“The musical elements of the ostinato in ‘Joyful Noise’ were not ‘numerous enough and arranged in a sufficiently original manner to warrant copyright protection.’ Further, the signature elements of ‘Joyful Noise’ did not make up a ‘particularly unique or rare combination, even in its deployment as an ostinato.’” The U.S. District Court for the Central …

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