ANDA Litigation Settlements - Summer 2021

JD Supra Law

This chart summarizes the case name, drug, patents-in-suit, and publicly available terms for reported settlements in federal district court cases that are filed pursuant to the Hatch-Waxman Act.

Domain Name Dispute Settlement

Kashishipr

The post Domain Name Dispute Settlement appeared first on Blog | Kashish IPR | Intellectual Property Rights Law Firm. In the internet era, domain names are increasingly becoming a crucial conveyance of brand messages and brand image.

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Board Requires Settlement Agreement to Dismiss Pre-Institution Proceeding

JD Supra Law

Biofrontera AG (“Petitioner”) filed an unopposed motion to dismiss the petition during the preliminary phase of the proceedings. Here, DUSA Pharmaceuticals, Inc. Patent Owner”) had not yet filed a Preliminary Response, and the Board has not issued a decision on whether to institute trial.

$13.375 Million Settlement Approved in Norman Barwin Class Action

Nelligan Law

Today, Regional Senior Justice Calum MacLeod of the Ontario Superior Court approved the ground-breaking settlement reached earlier this year in the class action involving Ottawa fertility doctor, Norman Barwin. Reading Time: 2 minutes.

Consumer Counsel Gets $115M From EpiPen Settlement

IP Law 360

A Kansas federal judge granted final approval to the $345 million settlement between Pfizer and the consumer classes who accused it of scheming to inflate the price of its emergency allergy treatment EpiPen on Wednesday, which includes a $115 million check to class counsel from multiple firms

A Potential Solution in Phono IV To the Streaming Services’ “Lowest In History” Rate Proposals : Withdrawing The Settlement To Freeze

The Trichordist

By Gwendolyn Seale Last week, participants in Phonorecords IV filed the public versions of their written direct statements with the Copyright Royalty Board (CRB) – and since, countless articles… Read more "A Potential Solution in Phono IV To the Streaming Services’ “Lowest In History” Rate Proposals : Withdrawing The Settlement To Freeze".

Settlement A No-Go As Adidas Targets Clothier Over Stripes

IP Law 360

A Manhattan federal judge heard Friday that "epic" settlement talks over two years have failed in what could be a big-dollar trademark infringement battle between sportswear giant Adidas and clothier Thom Browne over striped athletic gear and shoes

Xryem: Pharmaceutical Settlement Acceleration Clause Found Anticompetitive Due To Risk Of “Profit Crushing Competition”

JD Supra Law

On August 13, 2021, in a decision that largely flew under antitrust and patent practitioners’ radars, U.S. District Judge Lucy H. Koh mostly denied a motion to dismiss in the alleged “reverse payment” case, In Re Xyrem (Sodium Oxybate) Antitrust Litig.1

Rival Vape Cos. Reach $85K Settlement Over E-Cig Patent

IP Law 360

Electronic cigarette company VPR Brands LP announced Thursday it had reached an $85,000 settlement with PHD Marketing Inc., resolving claims that the rival e-cig company had infringed upon VPR's longstanding patents for e-cig products

Generics win battle in war against tough Californian patent settlement rules

IAM Magazine

A preliminary injunction has been issued against the state’s strict reverse payment law, but antitrust considerations are here to stay in IP litigation settlements.

Converse, Steve Madden Eye Shoe Design Patent Settlement

IP Law 360

remain in settlement talks to resolve a patent infringement dispute over high-top sneaker designs, according to a Tuesday court filing, entering at least their fourth month of trying to resolve the suit Steve Madden and Converse Inc.

Sisvel, Xiaomi reach settlement over cellular patents

IAM Magazine

Deal ends litigation in China and Europe, with Xiaomi gaining rights to mobile patents owned by Sisvel and Mitsubishi Electric. Analysis Analysis: Deal Frand/SEPS Litigation Patents Technology Licensing

Dr. Seuss-'Star Trek' Copyright Fight Ends In Settlement

IP Law 360

Seuss Enterprises and ComicMix LLC said that they have settled the long-running copyright lawsuit filed by the famed author's estate over the Dr. Seuss-"Star Trek" mashup "Oh the Places You'll Boldly Go," according to a joint motion filed in California federal court Tuesday

Can you suspend or extend trademark opposition deadlines?

Patent Trademark Blog

There is typically a contingent event that will trigger the resumption of a suspended trademark opposition, such as the outcome of another relevant case or the conclusion of settlement negotiations. Grounds that may support a request for extension include settlement discussions or the need for more time to complete discovery or testimony during an assigned period. It generally makes sense to explore settlement earlier in the earlier stages of a trademark opposition proceeding.

Attys Want $1.8M Cut Of $3M ADHD Antitrust Settlement

IP Law 360

million — or about 61% — of a nearly $3 million settlement to be paid by Takeda Pharmaceutical unit Shire and fellow drugmaker Actavis to resolve an antitrust suit Attorneys from three firms asked a Massachusetts federal judge Monday for fees and costs totaling more than $1.8

Pot Packaging Co. Hatches Settlement Of IP Row

IP Law 360

Childproof pot packaging company Pollen Gear told a California federal judge it has reached a conditional settlement in a patent infringement suit with a cannabis company that allegedly ripped off its packaging design

Appealing IPR Decisions – Art. III Standing in the Context of Litigation Settlements and Licenses

JD Supra Law

The Federal Circuit has provided additional guidance about an appellant’s standing to appeal IPR decisions after settling the related litigations and entering into patent license agreements.

“The Copyright Case of the Century”: Final Settlement between Google and Oracle on API Copyright Infringement

IPilogue

. Photo by Intepat ( INTEPAT ). Tianchu Gao is an IPilogue Writer and a 1L JD Candidate at Osgoode Hall Law School. . . The decade-long dispute between Google and Oracle over computer code’s copyrightability finally came to an end on April 5, 2021.

Generics win battle in war against tough Californian patent settlement rules

IAM Magazine

A preliminary injunction has been issued against the state’s strict reverse payment law, but antitrust considerations are here to stay in IP litigation settlements. Analysis Analysis: Legal Analysis: Policy Litigation Patents Strategy Technology Licensing

IP 40

OCR Announces 20th Settlement Under Right of Access Initiative

LexBlog IP

The Office for Civil Rights (OCR) recently announced that it has entered into the 20 th settlement under its Right of Access Initiative. The settlement with Children’s Hospital and Medical Center in Nebraska includes an $80,000 payment by the hospital for failing to provide a mother with timely access to her daughter’s medical records.

Roblox/NMPA Settlement - A Roadmap for New Partnerships between Music and Gaming Industries?

JD Supra Law

On September 27, 2021, the National Music Publishers’ Association (“NMPA”) issued a press release stating that it had settled its claims against video game company Roblox, bringing an end to the copyright infringement case its members filed against Roblox in the Central District of California on June 9, 2021.

Appealing IPR Decisions – Art. III Standing in the Context of Litigation Settlements and Licenses

LexBlog IP

At this point, the settlement and license occurred and the district court litigation was dismissed with prejudice. Judge Newman dissented from the decision, disagreeing that the settlement and license between the parties had eliminated the controversy between Qualcomm and Apple.

IPCom patent campaign against Apple in China appears to end with global settlement

IAM Magazine

Report suggests German NPE walked away from long-running dispute with eight-digit sum, ending litigation in Fuzhou. Analysis Analysis: Legal Frand/SEPS Litigation Non-Practising Entities Patents

IPCom patent campaign against Apple in China appears to end with global settlement

IAM Magazine

Report suggests German NPE walked away from long-running dispute with eight-digit sum, ending litigation in Fuzhou. Analysis Analysis: Legal Frand/SEPS Litigation Non-Practising Entities Patents

United Micro To Pay Micron In Tech Theft Suit Settlement

IP Law 360

Taiwan-based United Microelectronics Corp. has agreed to pay rival Micron Technology Inc. an undisclosed sum to end the latter's allegations that UMC stole trade secrets purportedly covering technology that China's State Council had previously identified as a "national economic priority

Senate Judiciary Committee Advances Legislation to Reduce Drug Prices, Rein in Pharma Industry Practices

IP Watchdog

Earlier today, the Senate Judiciary Committee held an Executive Business Meeting in which the Committee discussed and favorably reported four bills aimed at reducing prescription drug prices for consumers and curbing perceived abuses of the patent system by brand pharmaceutical companies.

Second Circuit Takes Closer Look at Advertising Restrictions in Trademark Settlement Agreements

LexBlog IP

Considering whether trademark owners can enter into settlement agreements that restrict the parties’ search advertising without violating U.S.

Huawei inks 6G licensing deal; IPCom secures Apple settlement; Vidal USPTO vote cancelled; Software patent sales surge; InterDigital v Oppo analysis; plus much more

IAM Magazine

Get ready for the new working week with a summary of all the stories posted on the IAM platform over the past seven days. Blog News Round-up

Fish & Richardson Obtains Settlement and License Agreement for Skull Shaver in Patent Infringement Dispute with Magicfly

Fish & Richardson Trademark & Copyright Thoughts

Fish & Richardson obtained a settlement and license agreement for Skull Shaver, LLC, the market leader in uniquely designed and patented handheld electric shavers and personal grooming products, in a patent infringement lawsuit against Magicfly LLC. As part of the confidential settlement and license agreement, Magicfly and its affiliate entities agreed to take a license to the ’528 Patent for the past importation and sales of the accused Magicfly products.

Guest Post by @SealeInTheDeal: A Foreseeable Result of the Phonorecords IV Private Settlement: Opening Pandora’s Box

The Trichordist

Pandora uses frozen mechanicals on physical for the obvious argument that mechanicals should freeze on streaming, too. Continue reading → Artist Rights Copyright Office Copyright Policy Frozen Mechanicals Songwriter News Songwriter Rights Gwendolyn Seale Phonorecords IV

$2.35 Million Settlement in Dickey’s Barbecue Data Breach Class Action

LexBlog IP

District Court for the Northern District of Texas with approval of the settlement terms by Judge Ed Kinkeade. In addition to the monetary award, the settlement provides reimbursement for class members who suffered certain losses as a result of the security incident; class members may also opt to receive free credit monitoring services. This week, a proposed data breach class action against Dickey’s Barbecue Restaurants Inc. was settled for $2.35 million in the U.S.

Patent Filings Roundup: Samsung Seeks Declaratory Judgment against Magentar Entities After Settlement; PTAB 325(d) Discretion Highlighted with Four Denials; District Court Litigation Spikes

IP Watchdog

A banner week saw the district court roaring back to life with 93 new patent filings and over 50 closed cases, including all of the remanded Section 101 rulings in Realtime Data, LLC.

Settlement with Verizon is latest indication that Huawei is in full-fledged deal-making mode

IAM Magazine

The Chinese company also recently hooked up with a Volkswagen supplier in its biggest auto-sector deal to date. Analysis Analysis: Legal Analysis: Strategy Litigation Patents Strategy Technology Licensing

PTAB Changes Settlement Requirements?

LexBlog IP

Settlement Prior to Trial Institution May Not Require Filing of Settlement Documents. Back in 2015, I pointed out that an opinion of the Federal Circuit called into question the PTAB’s practice of requiring settlement documents to terminate an AIA trial preliminary proceeding.

Huawei inks Wi-Fi 6 licensing deal; IPCom secures Apple settlement; Vidal USPTO vote cancelled; Software patent sales surge; InterDigital v Oppo analysis; plus much more

IAM Magazine

Get ready for the new working week with a summary of all the stories posted on the IAM platform over the past seven days. Blog News Round-up

Settlement with Verizon is latest indication that Huawei is in full-fledged deal-making mode

IAM Magazine

The Chinese company also recently hooked up with a Volkswagen supplier in its biggest auto-sector deal to date. Analysis Analysis: Legal Analysis: Strategy Litigation Patents Strategy Technology Licensing

3 Count: Frequent Flyer

Plagiarism Today

Finally today, Brian Quarmby at Cointelegraph reports that the cryptocurrency token FTX has reached a settlement with the fast food chain Jack in the Box over alleged copyright infringement of the famous Jack in the Box mascot. Have any suggestions for the 3 Count?

The Sham Litigation Exception after AbbVie - Is the Subjective Element a Sham?

JD Supra Law

The FTC also claimed that the December 2011 Teva settlement constituted an illegal reverse payment settlement under FTC v. The Federal Trade Commission (“FTC”) sued AbbVie and Besins Healthcare, co-owners of a patent that covered brand AndroGel, in 2017.

VPN Provider Agrees to Block Torrent Traffic and The Pirate Bay on U.S. Servers

TorrentFreak

Confidential Settlement. As part of this settlement, all claims against VPN Unlimited were dismissed. The full details of the settlement agreement are confidential. Hosting provider SharkTech signed a similar settlement deal a few weeks ago and VPN.ht

#FrozenMechanicals Take 2: @sealeinthedeal Finds Some Facts on the NMPA Tax Return and MOU FAQ

The Trichordist

[A little context: The public comments on the majors’ proposed settlement at the Copyright Royalty Board that freezes mechanical royalties on vinyl and CDs are again attracting… Read more "#FrozenMechanicals Take 2: @sealeinthedeal Finds Some Facts on the NMPA Tax Return and MOU FAQ".

Second Circuit: Trademark Agreements Restricting Keyword Advertising Are Not Anti-Competitive

JD Supra Law

Court of Appeals for the Second Circuit clarified the legal standing of trademark settlement agreements and upheld agreements prohibiting a competitor’s use of a trademarked term in keyword search advertising. In a recent decision, the U.S.

Cheers to the End of the Alcohol Tariffs!

GDB Firm Blog

There will be no tariffs for the next five years, while the parties work on a comprehensive settlement

FTC loss boosts brand pacts but raises abuse fears: sources

Managing IP

Some say the rejection of the FTC’s ruling against 1-800 Contacts avoids settlement uncertainty, but others say it emboldens bad behaviour from brands