Sunovion, Palmer, ‘Wild Things’: Intellectual Property

Sunovion Pharmaceuticals Inc.’s bronchitis and emphysema drug Brovana infringed Mylan Inc.’s patents, a judge ruled.

Sunovion also agreed not to raise any claims about the validity and enforceability of Mylan’s patents, U.S. District Judge John Koeltl said in an order dated July 1 in New York.

“The making, using, offering to sell and selling of Brovana has infringed” five Mylan patents, Koeltl said.

A unit of Canonsburg, Pennsylvania-based Mylan sued Sunovion’s predecessor company in 2007 to block the introduction of Brovana, which Mylan said infringed patents for a spray to open bronchial passages.

Sunovion, based in Marlborough, Massachusetts, is a unit of Osaka, Japan-based Dainippon Sumitomo Pharma Co.

The case is Dey v. Sepracor, 07-cv-02353, U.S. District Court, Southern District of New York (Manhattan).

IRobot Files Patent Suit in Germany Against Five Defendants

IRobot Corp., the maker of the Roomba and Scrooba robotic house-cleaning devices, filed a patent infringement suit against five companies in a German court, the Bedford, Massachusetts-based company said in a statement.

The suit claims the Solac Ecogenic AA3400 robotic vacuum cleaner sold and marketed by the five companies infringes five patents.

In dispute are parents EP 1 331 537 B1, EP 2 251 757 B1, EP 1 969 438 B1, EP 1 395-888 B1 and EP 1 776, 623 B1. The company said in the statement that in 2011 it settled a suit it brought in an Italian court that involved two of the same patents.

IRobot said it now holds more than 200 U.S. patents and 195 patents in other countries.

For more patent news, click here.


Clive Palmer’s Trademark Application Hits at Publishing Venture

Clive Palmer, the Australian mining entrepreneur who plans to build a replica of the Titanic, has applied to register what appears to be a newspaper name as an Australian trademark.

According to the application filed July 1, Palmer is seeking to register “The Australian Times” as a trademark.

Palmer, who owns Mineralogy Pty Ltd., said in the application that he plans to use the mark for the publishing of newspapers and magazines; news agency services, advertising and promotional services; financial, monetary and real estate information services; paper, cardboard and goods made from those materials; online computer services; and electronic downloadable publications.

Major League Soccer, Fan Groups Settle ‘Cascadia Cup’ Dispute

A trademark dispute between Major League Soccer LLC and three Pacific Northwest fan groups has settled, according to a posting on the website of the Timbers Army, a fan group for the Portland Timbers team.

According to the database of the U.S. Patent and Trademark Office, the Cascadia Cup Council filed an application in January to register “Cascadia Cup” as a trademark. The group, which is a non-profit organization with representatives from fan groups for the Timbers, the Seattle Sounders, and the Vancouver Whitecaps, said in its application that the term had been in use since 2004.

In January the blog reported that Major League Soccer had its own plans to file an application to register the mark. The fan groups, which own the trophy awarded annually to the top soccer team in the northwest, were outraged, and were afraid the league would bar their use of the term.

Timbers Army’s blog posting indicated that an agreement has been reached and more specific details will be released after approval by legal counsel. The Cascadia Cup Council is to own the name, logo and likeness of the trophy and sponsorship of the Cascadia Cup will require unanimous approval of all the parties, according to the blog posting.

For more trademark news, click here.


Copyright Claim Halts Funding Effort for ‘Wild Things’ Sequel

A project to fund a sequel to the late Maurice Sendak’s 1963 classic children’s book “Where the Wild Things Are” through Kickstarter Inc.’s crowd-sourcing mechanism has been derailed because of a copyright complaint.

London-based Geoffrey O. Todd and Rich Berner were seeking 25,000 British pounds ($37,250) to produce “Back to the Wild,” which is in the form of a poem, illustrated by Berner. The book was to be a tribute to Sendak, who died in May 2012.

They said they wanted to bring the book out in 2013, the 50th anniversary of the original’s publication. Although Sendak’s book was made into an opera in 1980 and a film in 2009, he told comedian Stephen Colbert in an interview he wouldn’t write a sequel because it would be “the most boring idea imaginable.”

According to the Kickstarter website, the “Back to the Wild” sequel page is “the subject of an intellectual property dispute” and now unavailable.

Maltese Playwright Wins Damages in ‘Knights Spectacular’ Fight

A Malta registrant who claimed his copyrights to a play about the Great Siege of Malta were infringed by a former employer was awarded 3,500 euros ($4,500) in damages, the Times of Malta reported.

According to the newspaper, Saviour Mallia said he was hired to write what became the “Knights Spectacular 1565,” and after his former employer continued to produce the show after terminating his employment.

Mallia had claimed he owned copyrights to the plot, the theatrical composition and other elements used in the performance, according to the Times.

The ex-employer, MK Leisure Ltd., had argued unsuccessfully that the work was collaborative, a contention rejected by the court, the Times reported.

For more copyright news, click here.

IP Moves

McDermott Firm Hires Litigator From Edwards Wildman Palmer

McDermott Will & Emery LLP hired Brian M. Gaff for its IP practice, the Chicago-based firm said in a statement.

Gaff, a litigator, joins from Boston’s Edwards Wildman Palmer LLP. He has represented clients in disputes in federal trial and appellate courts and in patent reexaminations at the U.S. Patent and Trademark Office. His clients’ technologies include digital circuitry, software and semiconductor design and fabrication.

He has a both an undergraduate and a master’s degree in electrical engineering from the University of Michigan, and a law degree from Suffolk University.

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