Newsletters | Jeffer Mangels Butler & Mitchel LLP

Labor & Employment California Labor & Employment Law Update : Key Changes in 2014 and What’s Slated For 2015

California Labor & Employment Law Update Key Changes in 2014 and What’s Slated for 2015 The legislature has given employers reasons to be nervous in 2014 and 2015. In recent sessions, it has created new obligations and pitfalls – from mandatory statewide paid sick leave to increased minimum wage. Compliance-minded employers must keep abreast of […]

Intellectual Property and Patent Litigation Group The Future of Inducing Infringement Claims after Limelight v. Akamai

In Limelight v. Akamai, the United States Supreme Court reversed the Federal Circuit’s precedent holding that inducing infringement claims did not require a single, direct infringer. This case, and how the district courts implement the Supreme Court’s decision, will have a significant impact on the future of inducing infringement claims, and likely will signal an […]

Intellectual Property and Patent Litigation Group A Sign of Things to Come? Federal Circuit Revives Preliminary Injunction Remedy

Over the past decade, the ability to obtain a preliminary injunction in a patent case has become more and more difficult, with rulings from the district courts frequently denying the remedy in all but the most egregious of cases. That trend may be changing as the Federal Circuit recently found that a district court […]

Intellectual Property and Patent Litigation Group Apple v. Samsung: The Federal Circuit Reverses the District Court and Sets New Standards for Obtaining Permanent Injunctions in Patent Infringement Actions

As the ongoing war between Apple and Samsung continues, one of the key questions facing both parties is whether Apple can ultimately obtain permanent injunctive relief against Samsung in addition to a significant damages award. The district court initially answered that question in the negative. On appeal, however, the Federal Circuit reversed. It held […]

Intellectual Property and Patent Litigation Group Divorces, Community Property and Patents — the Problem of the Ex-Spouse

Many universities have standard patent assignment agreements that assign inventions of a university employee to the university. But what if the inventor is married? Or, what if the inventor marries during his or her employment and the invention is created during the marriage? Does the spouse have rights to the invention? Parties to patent […]

Intellectual Property and Patent Litigation Group Can Your DNA Be Patented? The Supreme Court Draws a Delicate Balance

Can Your DNA Be Patented? The Supreme Court Draws a Delicate Balance By Stan Gibson and Greg Cordrey In Ass’n for Molecular Pathology v. Myriad Genetics, Inc., the United States Supreme Court held that a naturally occurring, isolated segment of DNA is a product of nature and is not patentable.1 In contrast, the Supreme […]

Intellectual Property and Patent Litigation Group After District Court Invalidates Pharmaceutical Product Patent Based on Clinical Trials, Federal Circuit Reverses Because Clinical Trial Was Not Public

After District Court Invalidates Pharmaceutical Product Patent Based on Clinical Trials, Federal Circuit Reverses Because Clinical Trial Was Not Public Sunovion Pharmaceuticals, Inc. (“Sunovion”) and Dey L.P., Dey, Inc., and Mylan, Inc. (collectively, “Dey”) develop pharmaceutical products to treat lung disease. Sunovion filed a patent application, followed by an application to test its products […]

Intellectual Property and Patent Litigation Group Assignment Agreements: How to Obtain All of the Rights to Patents in Assignment Agreements

When drafting assignment agreements, it is important for universities to consider whether, and to what extent, the assignment conveys the right to enforce the patents through litigation. It is also important to understand whether the university has the right to recover past royalties or will be limited to the recovery of future royalties. Indeed, questions […]

Intellectual Property and Patent Litigation Group Acquiring and Licensing Patents: Does the Language of Your Agreement Provide You with Enforcement Rights?

Acquiring and Licensing Patents: Does the Language of Your Agreement Provide You with Enforcement Rights? When acquiring or licensing patents, it is important to consider whether, and to what extent, the acquisition or license conveys the right to enforce the patents through litigation. It is also important to understand whether you have the right […]

Intellectual Property and Patent Litigation Group University Technology Transfer and Licensing Legal Alert: Universities Need to Protect Their Intellectual Property

Universities Need to Protect Their Intellectual Property: Recent Decisions from the Federal Circuit and the United States Supreme Court That Impact Intellectual Property Agreements A number of recent Federal Circuit decisions and a decision from the United States Supreme Court have highlighted the importance of assignment clauses in the transfer of intellectual property, particularly patents, […]