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Samsung, Eli Lilly, ‘Orphan Black’: Intellectual Property

Samsung Electronics Co. (005930) said $38.4 million is the “hypothetical” amount it owes if a jury finds the Galaxy maker infringed Apple Inc.’s smartphone technology, not the $2.19 billion the iPhone maker seeks.

Samsung called on Judith Chevalier, a professor from the Yale University School of Management, yesterday to make its case to a federal jury in San Jose, California, that if it has to pay anything, the amount should be 35 cents a phone -- starkly less than Apple’s demand for more than $40 a phone.

Her testimony builds on a Samsung lawyer’s argument at the outset of trial that Apple’s multibillion-dollar figure is a “gross exaggeration” and an “insult” to the intelligence of jurors. According to Samsung, Cupertino, California-based Apple’s damages are inflated because the five patented smartphone features at issue in the case are of marginal value.

The second U.S. trial between the world’s top two smartphone makers follows legal battles on four continents to dominate a market that was valued at $338.2 billion last year, according to data compiled by Bloomberg.

Samsung, based in Suwon, South Korea, had 31 percent of industry revenue, compared with 15 percent for Apple, whose share of the market has shrunk as the touch-screen interface has become commonplace and Samsung, LG Electronics Inc. and Lenovo Group Ltd. have introduced lower-cost alternatives.

The case is Apple Inc. (AAPL) v. Samsung Electronics Co., 12-cv-00630, U.S. District Court, Northern District of California (San Jose).

Eli Lilly’s Gastric Cancer Drug Gains Approval From U.S. FDA

Eli Lilly & Co. (LLY)’s experimental gastric cancer treatment, one of the drugmaker’s top late-stage drug candidates that analysts project may generate more than $1 billion in sales, was approved by U.S. regulators.

The drug, ramucirumab, to be sold under the brand name Cyramza, was cleared for patients with advanced stomach cancer and those with a form of cancer located in the area of the body where the esophagus joins the stomach, the Food and Drug Administration said yesterday in a statement.

Cyramza was approved under a priority review for those whose cancer can’t be surgically removed or has spread after being treated with other medicines, the FDA said.

Eli Lilly is seeking new products in cancer and diabetes to overcome the loss of some of its best-selling medicines. In December, it lost patent protection on the anti-depressant Cymbalta, the top seller that brought in $5.08 billion last year, 22 percent of the Indianapolis-based company’s revenue.

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Digital Ally Files Appeal in Utility Patent Litigation

Digital Ally Inc. a maker of digital security products for law enforcement, plans to appeal a Kansas federal court ruling dismissing its patent case against Utility Associates Inc.

Digital Ally sued Tucker, Georgia-based Utility in October seeking a ruling that its mobile video surveillance system didn’t infringe a Utility patent covering a mobile digital information system.

U.S. District Judge Sam Crow said in an April 9 opinion that Kansas wasn’t the proper place to sue and dismissed the case.

The case is Digital Ally Inc. (DGLY) v. Utility Associates Inc., 13-cv-2550, U.S. District Court, District of Kansas (Topeka).

For more patent news, click here.

Copyright

BBC America Sued Over ‘Orphan Black’ Television Series

BBC America, along with Temple Street Productions and two individuals, were sued for copyright infringement over “Orphan Black,” the network’s science-fiction television series revolving around clones.

Stephen Hendricks filed the suit in federal court in Los Angeles April 17, just days before the premiere of the series’ second season.

Hendricks said in the filing that he wrote a screenplay involving clones and sent it to Temple Street in 2004. He said the similarities between his screenplay, “Double Duty,” and “Orphan Black” “are so substantial that it is a virtual statistical impossibility” the show “could have been created independently.”

Devin Johnson, a spokesman for BBC America, said in an e-mail that the company wouldn’t comment on the lawsuit. John Young, Temple Street’s managing director, said in a phone interview that the suit is without merit and the production company will fight it.

The case is Hendricks v. BBC America Inc., 14-cv-02989, U.S. District Court, Central District of California (Los Angeles).

For more copyright news, click here. For trademark news, click here.

To contact the reporter on this story: Ellen Rosen in New York at erosen14@bloomberg.net

To contact the editors responsible for this story: Michael Hytha at mhytha@bloomberg.net Andrew Dunn, Fred Strasser

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