Mimesis Law
22 May 2019

IP Flow Links – Merck and Gilead Head To Trial Over Hep-C Drug Patent

Mar. 2, 2016 (Mimesis Law) — Your IP news update this week:

  • Merck and Gilead Sciences Inc. appear ready to head to trial on March 7 over the patent rights to a major Hepatitis C drug. Lee and Gaston break it down on this week’s Markman Minute video.
  • Yesh Music Publishing and the band American Dollar filed a $5 million lawsuit against music streaming site Tidal and Shawn Carter Enterprises (Jay-Z’s company). They claim the service hasn’t paid them the royalties they are owed and are infringing on their copyright.
  • Bikini Kill founding member Tobi Vail issued a copyright infringement notice to take down Hillary Clinton’s campaign videos which used her song ‘Rebel Girl’ without permission. Vail later issued a statement saying she was voting for Bernie Sanders.
  • Kylie Minogue filed a notice of opposition at the USPTO last week to Kylie Jenner’s trademark application of the name “Kylie” for advertising services. Read our take on it here.
  • The European Union General Court (EGC) ruled that the shape of the Coca Cola bottle cannot be registered as Community trademark. The court stated that the ‘contour bottle without fluting’ is devoid of distinctive character.
  • The U.S. Court of Appeals for the Federal Circuit in Washington, D.C. overturned a $120 million jury verdict last week against Samsung in its long running patent dispute against Apple. The court found that Samsung did not infringe Apple’s “quick links” patent, invalidated two of Apple’s patents relating to the iPhone’s slide-to-unlock and auto-correct features and ruled that Apple infringed on one of Samsung’s patents.
  • Innovation Ventures LLC, the maker of “5-Hour Energy” shot drink, was awarded $10.6 million in damages by a jury in a trademark dispute with rival NVE Pharmaceuticals Inc.’s “6-Hour Power” shot drink, ending an eight-year dispute.
  • New York artist Richard Prince, who regularly reproduces images of others in his work and has been sued by several artists for copyright infringement, claims the suits should be thrown out as his use of others’ copyright-protected images amounts to fair use.
  • Amgen, the producer of Enbrel, has filed a suit against Sandoz claiming that the biosimilar for which it seeks FDA approval infringes on Amgen’s patents.
  • The International Trade Commission (ITC) ruled that Umicore infringed on 14 different claims of BASF and Argonne National Laboratory’s patents covering nickel-manganese-cobalt (NMC) cathode materials by importing their material into the US.

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