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We've been hearing that patent litigation is a luxury some companies are concluding they just can't afford in this economy. Unless the profitability of a $4.5 billion drug is at stake. On Friday, Abbott Biotechnology Limited filed a patent infringement case in the District of Massachusetts against Centocor Ortho Biotech, a unit of Johnson & Johnson, in an effort to protect its rheumatoid arthritis drug, Humira.
Motorola was a bit player in the patent litigation that will shape the cell phone landscape in the next few years. And now it has exited the stage. Plus: The ITC votes to proceed with an investigation of HTC's allegations against Apple.
Fed. Circuit Chief: Let Us Handle Fixes
Hoping to stave off congressional action, the chief judge of the U.S. Court of Appeals for the Federal Circuit is pressing lawyers to push for more cases that force the court to address fundamental patent questions.It's becoming clear that patent wars over smart phone technology are going to spread revenue to Am Law firms like manure over undernourished soil. Kirkland has filed the latest smart phone suit--Apple's infringement case against the phone-maker HTC--but it turns out that K&E has quietly been representing Apple in the Nokia case as well. Plus: a rundown of all the firms involved in the smart phone litigation to date.
The International Trade Commission has upheld its ruling that Chinese companies can make copycat versions of the sweetener Splenda, rejecting an appeal by Splenda's maker, British food company Tate & Lyle.
General Electric and Mitsubishi Heavy Industries are mired in at least a half-a-dozen patent and antitrust battles around the country. With another win for GE's lawyers at Weil, Gotshal & Manges in the wind power war, Mitsubishi seems to be stuck in the doldrums.
Full Federal Circuit holds written description and enablement are separate requirements
The U.S. Court of Appeals for the Federal Circuit recently issued an en banc decision upholding an earlier ruling that patent applications must contain a specific "written description" of the claimed invention in addition to enabling language explaining how to make and use the invention.As usual, there was plenty of news about tech patents last week, including the latest developments in the Apple/Samsung fight. But the most interesting story was about a portfolio of patents for grape varieties that's held by the U.S. Department of Agriculture.
United Technologies Corporation's Pratt & Whitney unit was on the hook for as much as $11 billion in a patent infringement suit. But two weeks ago UTC's lawyers at Bartlit Beck knocked out Rolls Royce's damages report, and on Friday they knocked out the case.
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