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Fish & Richardson PC

Social media do's and don'ts - complying with ethics rules

USA - July 16 2015 Various states have started to address social media in their ethical guidelines and opinions for attorneys. While each state is different, the

Amgen v. Sandoz: Federal Circuit weighs in on the BPCIA riddle

USA - July 22 2015 The Federal Circuit ruled yesterday in Amgen Inc. v. Sandoz Inc. (2015-1499) and provided its interpretation of key aspects of the Biologics Price

Nevada court imposes 3X post-judgement royalty in lieu of injunction

USA - July 2 2015 The District of Nevada, in Server Technology, Inc. v. American Power Conversion Corp., 3:06-CV-00698-LRH-VPC (Judge Larry R. Hicks) (March 31, 2015

DDE excludes revenues & profits due to failed apportionment, allows do-over

USA - July 3 2015 The District of Delaware, in Comcast IP Holding I LLC v. Sprint Comms. Co. LP, Civil Action No. 12-205-RGA (Judge Richard G. Andrews) (Sept. 29, 2014

Feds raid Reckitt Benckiser offices; criminal probe underway

USA - December 13 2013 Reckitt Benckiser's offices in Richmond, Va., were raided by a team of IRS and Office of Inspector General (OIG) agents on December 3rd. The raid

Sanofi challenges two members of “Cabilly” family of patents

USA - July 29 2015 On July 27, 2015, Sanofi challenged two members of the well-known Cabilly family of patents. Sanofi (and Regeneron) filed both a petition for IPR

Judicial review available for decision that a patent qualified for CBM review; 101 review appropriate in CBM review

USA - July 27 2015 Federal Circuit affirms determination, following CBM (“covered business method”) review, of invalidity under 101, and resolves several procedural

PTAB’s construction must be “reasonable” in light of all intrinsic evidence; PTAB may require patentee to show amended claims are patentable over all prior art of record

USA - July 24 2015 Federal Circuit reverses the PTO’s construction and resulting anticipation finding on some claims, affirms anticipation on others, affirms a

District courts deciding whether to modify a protective order to allow U.S. discovery to be used in foreign litigation must consider factors relevant to section 1782 proceedings

USA - July 24 2015 Federal Circuit issues writ of mandamus directing district court to reconsider its modification of a protective order allowing foreign court access

Trade dress not protectable if it serves any purpose other than source identification; no apportionment requirement for design patent damages

USA - July 22 2015 Federal Circuit reverses trade dress infringement but affirms liability and damages on design and utility patents.TRADE DRESS: Apple’s claim involved