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Home » Archive by Month

Article Archive for April 2011

Hatch–Waxman This, Wockhardt! —Eli Lilly Maintains Patent Exclusivity for Cymbalta®
April 29, 2011 – 9:00 AM | 3350One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F04%2F29%2Fhatch%25e2%2580%2593waxman-this-wockhardt-%25e2%2580%2594eli-lilly-maintains-patent-exclusivity-for-cymbalta%25c2%25ae%2FHatch%E2%80%93Waxman+This%2C+Wockhardt%21+%E2%80%94Eli+Lilly+Maintains+Patent+Exclusivity+for+Cymbalta%C2%AE2011-04-29+13%3A00%3A08Aaron+Gleatonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3350

The U.S. District Court for the Southern District of Indiana has issued an order prohibiting defendants from selling generic versions of Cymbalta (duloxetine hydrochloride) during the drug’s remaining patent term. The order arises from ongoing litigation in the case Eli Lilly and Co. v. Wockhardt Ltd.

Amazon Responds To Apple’s Trademark Suit
April 29, 2011 – 8:00 AM | 3345No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F04%2F29%2Famazon-responds-to-apple%25e2%2580%2599s-trademark-suit%2FAmazon+Responds+To+Apple%E2%80%99s+Trademark+Suit2011-04-29+12%3A00%3A54Jack+Korbahttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3345
Amazon Responds To Apple’s Trademark Suit

In response to a trademark lawsuit brought by Apple against Amazon for the company’s use of the term “App store,” Amazon claims that the term cannot be trademarked because it is too generic.  Amazon filed …

CNN Sues Haiti Live Networks Over Use of “HLN” Mark
April 28, 2011 – 9:00 AM | 3340No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F04%2F28%2Fcnn-sues-haiti-live-networks-over-use-of-%25e2%2580%259chln%25e2%2580%259d-mark%2FCNN+Sues+Haiti+Live+Networks+Over+Use+of+%E2%80%9CHLN%E2%80%9D+Mark2011-04-28+13%3A00%3A10Elizabeth+Shenhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3340
CNN Sues Haiti Live Networks Over Use of “HLN” Mark

CNN sues Haiti Live Networks over its use of “HLN” mark, which CNN has been using since 2008. CNN claims that the use is willful, intentional, and deliberate, and is asking for triple the normal damages against the small Haitian news service.

Wegmans Settles with Walgreens over War of W’s
April 27, 2011 – 9:00 AM | 33353 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F04%2F27%2Fwegmans-settles-with-walgreens-over-war-of-w%25e2%2580%2599s%2FWegmans+Settles+with+Walgreens+over+War+of+W%E2%80%99s2011-04-27+13%3A00%3A50Richard+Pattersonhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3335
Wegmans Settles with Walgreens over War of W’s

Wegmans and Walgreens just settled their trademark war over W’s. Despite the fact that that case was settled, there is a lot to discuss about what possible confusion existed.

Why is Righthaven Wrong With New Remedies Request?
April 26, 2011 – 9:57 AM | 33272 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F04%2F26%2Fwhy-is-righthaven-wrong-with-new-remedies-request%2FWhy+is+Righthaven+Wrong+With+New+Remedies+Request%3F2011-04-26+13%3A57%3A05Peter+Bodrihttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3327
Why is Righthaven Wrong With New Remedies Request?

A recently filed Righthaven copyright suit tries the novel legal strategy of using a previously failed legal strategy.

“Unable to Shade Polygon Normals” — a Creative Approach to Trapping Pirates
April 25, 2011 – 11:20 AM | 32622 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F04%2F25%2Funable-to-shade-polygon-normals-a-creative-approach-totrapping-pirates%2F%E2%80%9CUnable+to+Shade+Polygon+Normals%E2%80%9D+%E2%80%94+a+Creative+Approach+to+Trapping+Pirates2011-04-25+15%3A20%3A10Chris+Johnshttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3262
“Unable to Shade Polygon Normals” — a Creative Approach to Trapping Pirates

Two weeks ago, those who had pirated a computer game started receiving an ominous-sounding error. Users who reported this error were then publicly shamed and banned from receiving technical support. This approach was an effective digital rights management system that didn’t affect legal owners of the game.

Volume 2, Issue 3 of the Intellectual Property Brief is now available!
April 25, 2011 – 11:01 AM | 3299No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F04%2F25%2Fvolume-2-issue-3-of-the-intellectual-property-brief-is-now-available%2FVolume+2%2C+Issue+3+of+the+Intellectual+Property+Brief+is+now+available%212011-04-25+15%3A01%3A04Eric+Perrotthttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3299
Volume 2, Issue 3 of the Intellectual Property Brief is now available!

The American University Intellectual Property Brief is proud to announce Volume 2, Issue 3 of its publication.

Conflicts at the Intersection of ACTA & Human Rights: How the Anti-Counterfeiting Trade Agreement violates the right to take part in cultural life
April 25, 2011 – 11:00 AM | 3245One Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F04%2F25%2Fconflicts-at-the-intersection-of-acta-and-human-rights%2FConflicts+at+the+Intersection+of+ACTA+%26+Human+Rights%3A+How+the+Anti-Counterfeiting+Trade+Agreement+violates+the+right+to+take+part+in+cultural+life2011-04-25+15%3A00%3A55Robert+Ellishttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3245
Conflicts at the Intersection of ACTA & Human Rights: How the Anti-Counterfeiting Trade Agreement violates the right to take part in cultural life

Abstract – Full Article Available Below
The human rights implications of intellectual property rights have received growing attention over recent years.  Regardless of the approach taken, it is clear that both human rights …

Towards a Doctrine of Fair Use in Some of Patent Law
April 25, 2011 – 11:00 AM | 3252No Commenthttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F04%2F25%2Ftowards-a-doctrine-of-fair-use-in-some-of-patent-law%2FTowards+a+Doctrine+of+Fair+Use+in+Some+of+Patent+Law2011-04-25+15%3A00%3A51Joshua+I.+Millerhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3252
Towards a Doctrine of Fair Use in Some of Patent Law

Abstract – Full Article Available Below
Historically, the Supreme Court has compared patent and copyright laws.  These comparisons frequently result in the application of some patent doctrines to copyright law.  For example, the Supreme Court …

Stifling Scientific Progress: The District Court’s Decision in Myriad
April 25, 2011 – 11:00 AM | 32544 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2011%2F04%2F25%2Fstifling-scientific-progress%2FStifling+Scientific+Progress%3A+The+District+Court%E2%80%99s+Decision+in+Myriad2011-04-25+15%3A00%3A23Seth+Ogdenhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D3254
Stifling Scientific Progress: The District Court’s Decision in Myriad

Abstract – Full Article Available Below
The human genome contains approximately 23,000 protein-coding genes. Approximately twenty percent of these human genes are patented, with some genes being patented as many as twenty times.  On May 12, …

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Copyright »

Piracy, Pornography and Conspiracy: How Judges Are Standing Up to Copyright Trolls

Piracy, Pornography and Conspiracy:  How Judges Are Standing Up to Copyright Trolls

In an attempt to secure large settlements from as many parties as possible, the adult entertainment industry has been joining individuals from the same district who illegally downloaded the same film in a single claim as co-conspirators. This enables them to discover Doe-defendants’ identities and get them to settle rather than be a party in a pornography suit. It worked for a while, but there is a problem, the defendants aren’t co-conspirators.

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Patents »

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

The Federal Circuit Defers to the Lower Court, Invalidates Social Networking Patent

Yesterday, the Court of Appeals for the Federal Circuit upheld a jury verdict invalidating Leader Technologies, Inc.’s patent on an online networking system. A reversal may have put Facebook in jeopardy.

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Trademark »

Fake Coachella Merchandise Banned at the Festival

Fake Coachella Merchandise Banned at the Festival

This year’s Coachella music festival has its share of intellectual property issues. Attorneys for the festival have recently cracked down on counterfeit goods and asked a federal court judge to issue a preliminary injunction against certain vendors.

More articles »

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