Sheppard Mullin Richter & Hampton LLP: Section viii Statements -- Still A Viable Route to Generic Approval Where the Application Is Not Claimed in an Orange Book Patent

By Nagendra Setty and Mark E. McGrath In its recent decision in AstraZeneca Pharmaceuticals LP v. Apotex Corp ., Nos. 2011-1182 - 2011-1190 (Fed. Cir. Feb. 9, 2012) (hereinafter the " AstraZeneca Decision") (Rader*, Bryson & Linn), the Federal Circuit affirmed a District of Delaware...

Sheppard Mullin Richter & Hampton LLP: Life After Death - Right of Publicity Law

By Kathryn Hines and Christine Steiner Society is consumed with celebrity. We can survey Hollywood marriages and divorces, analyze Golden Globe wardrobe choices and comment upon the latest Lindsey Lohan foible. It is not surprising that many artists have channeled this societal obsession, featuring...

Sheppard Mullin Richter & Hampton LLP: Companies Using Pinterest, Be Careful Not to Get Pricked

By Rachel Tarko Hudson Pinterest has seen its number of daily visitors increase by 145 percent since the beginning of 2012, now counting 11 million users on its site, according to recent reports. It is a powerful social media tool by any standard, however, in recent months, with its meteoric rise...

Sheppard Mullin Richter & Hampton LLP: @theForefront: The Celebrity Fashion Tweet

Perhaps the most remarkable feature of the current hyper-digital age is the ever-shrinking gap between the celebrity and everyman. Nowhere is this phenomenon more apparent than in the realm of the celebrity tweet. Twitter, the pervasive microblogging website, promises thrilling accessibility to prominent...

Sheppard Mullin Richter & Hampton LLP: A Murality Play

By Valentina Shenderovich and Christine Steiner Public wall murals have been the subject of much attention recently. Legislators for Los Angeles, considered the "mural capital of the world", are reviewing a proposed city ordinance to preserve vintage art murals and to repeal an existing ban...

Sheppard Mullin Richter & Hampton LLP: My Fellow Californians - Our Long National Nightmare Is Over

By Christine Steiner In the same era Gerald Ford advised his fellow Americans that "our long national nightmare is over," as he succeeded Richard Nixon as president, the California Legislation enacted the sloppily-drafted California Resale Royalty Act, Civil Code Section 986 . The act was...

Sheppard Mullin Richter & Hampton LLP: The Studious Studio - Business Practices for Artists

By Christine Steiner The recent troubles of Knoedler Gallery, now airing in the press and later, presumably, in the courtroom, may shed some light on certain art world concerns - due diligence, gallery sale practices, sophisticated fakes/forgeries, and problems with authenticity in the market. This...

Sheppard Mullin Richter & Hampton LLP: Fashion Film Art Movement

By Victoria Lee and Ted Max In this hyper-digital age, the designer brand's focus has gradually shifted from primarily print advertising media to reaching consumers through the Internet and many forms of social media with branded entertainment in the form of short fashion films. The fashion film...

Sheppard Mullin Richter & Hampton LLP: If It's Neon, Should It Be On?

As summer is upon us, rebellious trend seekers can toss their black nail polish and opt for a shade of neon orange, green or pink. This season's en trend nail polish includes a color palette of neon hues that are rumored to be illegal in the U.S.. Contrary to recent alarmist headlines, it is not...

Sheppard Mullin Richter & Hampton LLP: Are Formats The Floor Mats Of Copyright?

By Edwin Komen On Friday afternoon, June 15, 2012, U.S. District Court Judge Gary Allen Feess, Central District of California in Los Angeles, denied CBS Broadcasting's application for a temporary restraining order that would have prevented ABC from airing the premier broadcast of its new reality...

Sheppard Mullin Richter & Hampton LLP: Men, Makeup and Drugs

Men's grooming and beauty products, namely cosmetics for men, continue to experience yearly growth. The forecasts of one research firm predict that sales of men's toiletries will hit $3.2 billion by 2016, up from $2.2 billion in 2006. Sales of men's skin care products like facial cleansers...

Sheppard Mullin Richter & Hampton LLP: Courts to Play Greater Role Moderating Enhanced Damages for Willful Patent Infringement

By Martin Bader and Bill Blonigan Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc. (Fed. Cir. June 14, 2012) In this medical-device patent-infringement action, an Arizona federal jury found that W.L. Gore willfully infringed Bard's Prosthetic Vascular Graft patent . The...

Sheppard Mullin Richter & Hampton LLP: CLS Bank: The Patent Eligibility of Computerized Trading Platforms for Exchanging Obligations

By Barry Wilson and Martin Bader On July 9, 2012, a three judge panel of the Federal Circuit in CLS Bank International v. Alice Corporation (Appeal No. 2011-1301) (" CLS Bank ") [ enhanced version available to lexis.com subscribers ], decided a case of patent eligibility under 35 U.S.C....

Sheppard Mullin Richter & Hampton LLP: Original Sin: Complying with Country of Origin Laws

Congress recently introduced the whimsically titled bill, the "Team U.S.A. Made in America Act," which would require the United States Olympic Committee to ensure that ceremonial uniforms for the Olympic team are assembled in the United States with fabrics manufactured in the United States...

Sheppard Mullin Richter & Hampton LLP: Lend Us Your Ears: Museums Implore Senate

By Kathryn Hines and Manuel Gomez This year, visitors to the Metropolitan Museum of Art were able to view Rembrandt's Portrait of the Artist (ca. 1665), on loan from the Kenwood House in North London and in the United States for the very first time. Also this year, visitors to the Philadelphia...

Sheppard Mullin Richter & Hampton LLPS: Patents Issued in Error Are Presumed Valid, but Evidence Weighs Heavily against Them

By Bill Blonigan and Eric Gill Sciele Pharma. Inc. v. Lupin Ltd. (Fed. Cir. July 2, 2012) Patents are presumptively valid under 35 U.S.C. § 282 and can be proven invalid only by clear and convincing evidence. Thus, accused infringers hoping to prove a patent invalid must do so by satisfying...

Sheppard Mullin Richter & Hampton LLPS: FCPA Compliance Considerations for the Fashion and Beauty Industry

In recent years, the U.S. government has vigorously enforced the Foreign Corrupt Practices Act ("FCPA") against individuals and companies representing a variety of industries. Recent press reports suggest that entertainment companies may be the target of current SEC enforcement efforts, and...

Sheppard Mullin Richter & Hampton LLP: Federal Circuit Declines to Adopt Test for Patent Eligibility Set Forth in CLS Bank

By Martin Bader and Matthew M. Mueller A three judge panel (Lourie*, Prost, Wallach) of the Federal Circuit recently handed down the Federal Circuit's second decision in a month on patent eligibility under 35 U.S.C. §101 . In a unanimous decision, the court in Bancorp Services, L.L.C. v....

Sheppard Mullin Richter & Hampton LLPS: Second Circuit Digs Its Heels Into Louboutin Dispute; Finds "Red Sole" Trademark Protectable, But Limited in Scope

By Tyler Baker and Ted Max On September 5, 2012, the United States Court of Appeals for the Second Circuit issued its long-awaited and highly anticipated decision in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc . , Docket No. 11-3303-cv. The Second Circuit reversed the lower court...

Sheppard Mullin Richter & Hampton LLPS: Federal Circuit Avoids Central Joint Infringement Question and Articulates New Standard For Inducement

By Dennis Smith , Martin Bader , Gray Buccigross On August 31, 2012, the Federal Circuit, sitting en banc, issued a seminal, split decision articulating a new standard for induced infringement. Adjudicating two companion cases, Akamai Technologies, Inc. v. Limelight Networks Inc., and McKesson Technologies...

Sheppard Mullin Richter & Hampton LLPS: Belkin International, Inc. v. Kappos - A Cautionary Tale in the Intricate Arena of Inter Partes Reexamination

By Michael Murphy and Martin Bader On Tuesday of last week [Oct. 2nd], the Federal Circuit held that a party bringing a request for inter-partes reexamination may not appeal a decision by the Director of the U.S. Patent and Trademark Office that certain prior art does not raise a substantial new question...

Sheppard Mullin Richter & Hampton LLPS: District Court Draws Line on Terminal Disclaimers for IP Owned by Subsidiaries

By Michael Febbo and Daniel Yannuzzi On September 25, 2012, the U.S. District Court for the District of Nevada ruled that the common ownership requirements of a terminal disclaimer were not met when the subject patent and its predecessor patent were owned by different wholly owned subsidiaries of...

Sheppard Mullin Richter & Hampton LLPS: Inventions In Unpredictable Fields -- Not Always Unobvious

On Sept. 21, 2012, a three-judge panel of the Federal Circuit in In re Droge (2011-1600) [ enhanced version available to lexis.com subscribers ] held that the claims in U.S. patent application serial no. 10/082,772 (the '772 application"), directed to a method of recombining DNA in eukaryotic...

Sheppard Mullin Richter & Hampton LLPS: Thin Copyrights - Protected But Not Infringed

By Edwin Komen Blehm v. Jacobs , 10th Cir., No. 11-1479, December 27, 2012 [ enhanced version available to lexis.com subscribers ] Some appellate decisions are worth examining because they plow new ground. Others serve to explain the ground that was plowed. This decision - dealing with substantial...

Sheppard Mullin Richter & Hampton LLPS: Cezanne Painting Retained by Metropolitan Museum of Art Despite Heir’s Claim of Looting during the Russian Revolution

Russian Revolution Redux The long-ago Russian Revolution has been fought anew in the Federal courts in New York. The case is Konowaloff v. Metropololitan Museum of Art [ enhanced version available to lexis.com subscribers ], and it involves a lawsuit seeking to recover a Cezanne painting seized...