Posts in IP News

Controversy Over Restasis Patents is Misplaced

Competitors like Mylan and Teva, rather than inventing better treatments or cures for dry eyes chose the shortcut. They attacked Allergan’s patent in the PTAB. Allergan …
By Josh Malone
3 hours ago 1

Tech Giants Maintain Dominance By Copying Technologies

Although it’s not illegal to earn a profit, unfair business practices in the pursuit of holding a monopoly over an entire industry led to the breakup …
By Steve Brachmann
5 hours ago 0

McDonald’s Payment Devices Do Not Infringe Digital Rights Management Patents

The Federal Circuit panel of Circuit Judges Timothy Dyk, Jimmie Reyna and Richard Taranto noted that “the matter at hand reveals a gap in our jurisprudence on …
By Steve Brachmann
24 hours ago 1

Drug-Patent Abuse and the High Cost of Healthcare: Case of the Double-Half Dose-Time Injection

Ever since the Supreme Court decided KSR v. Teleflex, it has been appropriate to reject a patent claim because it was obvious to try. If twice the …
By Arie Michelsohn
1 day ago 11

Increasing Fairness For Independent Songwriters By Improving The Music Modernization Act

As advocates for all music creators, including independent songwriters, we have endorsed the Music Modernization Act, along with other organizations spanning the music industry, as part of …

Kramer Levin Naftalis & Frankel Seeks IP Litigation Associate in Menlo Park, CA

The Silicon Valley office ofKramer Levin Naftalis & Frankel LLP is looking for an intellectual property litigation associate with up to three years of experience, although no experience …

Fishing for Trade Secrets

Modern discovery can be quite disruptive and expensive. Recognizing that there is a particular danger of abuse in trade secret cases, where defendants are often individuals or …
By James Pooley
2 days ago 1

Some Observations on Drug Patents – A Response to Arie Michelsohn

Nothing in my own experience leads me to believe that the PTO applies a lower anticipation or obviousness standard to pharmaceuticals, and I expect this would be …
By Hans Sauer
2 days ago 10

IP Due Diligence for Start-ups in the 2018 Legal Environment – The Most Important Conversation

For IP due diligence for investment in a start-up or young company, the most important conversation is with the key developer(s) of the product(s) or …
By Paul Haughey
2 days ago 0

Federal Circuit Opens the Door to Extrinsic Evidence in Support of Patent Eligibility

A casual observer may read the Aatrix dissent, or cases cited therein, to say it is improper to consider extrinsic evidence.  In particular, the dissent quotes Secured …
By James Carmichael
3 days ago 3

Holder for Car Camera Does Not Infringe Patent for Removable Book Holder

in Ottah v. Fiat Chrysler, Chikezie Ottah appealed the lower court’s grant of summary judgment of non-infringement and dismissal of the complaint with prejudice. Ottah’s …

Preclusion Applies Only If Scope of Patent Claims in Both Suits are Essentially the Same

In SimpleAir v. Google, The district court found claim preclusion applied because the patents at issue had the same title and specification as previously litigated patents, SimpleAir …

Miley Cyrus Hit With Copyright Suit Alleging “We Can’t Stop” Copied from 1988 Reggae Hit

Attorneys representing Jamaican songwriter Michael May filed a suit for copyright infringement in the Southern District of New York. At issue in the case are musical elements …
By Steve Brachmann
4 days ago 1

Portal Communications Alleges Apple’s Siri Willfully Infringes on Natural Language Processing Patents

Portal Communications filed a suit for patent infringement against Cupertino, CA-based consumer tech giant Apple Inc. At issue in the case, which was filed in the Eastern …
By Steve Brachmann
4 days ago 1

Paul Fakler Joins Orrick’s IP Team in NY

Orrick is pleased to announce that Paul Fakler, a nationally recognized adviser in complex copyright litigation and policy matters, including the unique area of royalty rate disputes …
By Press Releases
4 days ago 0