Intellectual Property News and Reports

This appeal involves a patented drug called AndroGel. A blockbuster testosterone replacement therapy that generated billions of dollars in sales, AndroGel caught the attention of the Federal Trade Commission. The FTC sued the owners of an AndroGel patent—AbbVie, Inc., Abbott... Read more →

This is a tale of more than just desserts. Decades ago, Ezaki Glico invented Pocky, a chocolate-covered cookie stick. Pocky was very popular. And its success drew imitators, including Lotte’s Pepero. Ezaki Glico now sues Lotte for trade-dress infringement. The... Read more →

This appeal involves a patented drug called AndroGel. A blockbuster testosterone replacement therapy that generated billions of dollars in sales, AndroGel caught the attention of the Federal Trade Commission. The FTC sued the owners of an AndroGel patent—AbbVie, Inc., Abbott... Read more →

Inter partes review is an administrative process that permits a patent challenger to ask the U. S. Patent and Trademark Office to reconsider the validity of earlier granted patent claims. For inter partes review to proceed, the agency must agree... Read more →

The FDA maintains a publication called Approved Drug Products with Therapeutic Equivalence Evaluations, known in the industry as "the Orange Book." The Orange Book lists patents said by their owners to claim FDA approved drugs. The listing of a patent... Read more →

SOTOMAYOR, J., delivered the opinion for a unanimous Court. The PTO cannot recover the salaries of its legal personnel under §145. Pp. 3–10. (a) The “American Rule”—the bedrock principle that “[e]ach litigant pays his own attorney’s fees, win or lose,... Read more →

Appellants Kevin K. Le and West Coast AG, LLC (WCA) appeal from the trial court’s denial of their renewed motion to dissolve a stipulated permanent injunction filed pursuant to Code of Civil Procedure section 1008, subdivision (b). The stipulated permanent... Read more →

US Supreme Court holds that the Government is not a “person” capable of instituting the three AIA review proceedings in Return Mail, Inc. v. Postal Service. Download Return Mail Inc. v. Postal Service Read more →

The panel affirmed in part and reversed in part the district court’s dismissal of claims of copyright infringement, violation of the Digital Millennium Copyright Act, and breach of contract. Media Rights Technologies, Inc. (“MRT”) developed a technology to protect electronic... Read more →

The substantive issue in this appeal is whether a jury should hear Xitronix Corporation’s claim that KLA-Tencor Corporation violated the Sherman Act’s prohibition of monopolies by obtaining a patent through a fraud on the U.S. Patent and Trademark Office (“PTO”).... Read more →