Mylan, Clear Channel, Aereo, Globus: Intellectual Property

July 18 (Bloomberg) -- Generic drugmaker Mylan Inc. won a federal judge’s order to permanently block business partner GlaxoSmithKline Plc from supplying Apotex Inc. with marketable copies of the antidepressant Paxil CR.

The case dates to 2007, when Glaxo filed a lawsuit accusing Mylan of infringing a Paxil patent, U.S. District Judge Joel Pisano in Trenton, New Jersey, said July 16 in granting an injunction.

The case is Mylan Inc. v. SmithKline Beecham Corp., 10-cv-04809, U.S. District Court, District of New Jersey (Trenton).

International Stem Cell Should Win EU Court Bid, Aide Says

International Stem Cell Corp. should win a court case that may pave the way for a U.K. patent on a procedure to extract stem cells, according to an adviser to the European Union’s top court.

The EU’s Court of Justice should rule that Carlsbad California-based International Stem Cell’s process based on unfertilized human eggs shouldn’t be considered involving a human embryo -- excluding it from an EU ban on patents for such stem-cell research, Advocate General Pedro Cruz Villalon said in a recommendation published yesterday.

The cells concerned, known as parthenotes, “can only be excluded from the concept of embryos to the extent that they have not been genetically manipulated to become capable of developing into a human being,” the court said in a statement.

The case is C-364/13 International Stem Cell Corporation.

For more patent news, click here.


Patriot Guard Riders Claim Former Affiliate Infringes Trademarks

Patriot Guard Riders Inc., a national non-profit organization formed to escort military funeral processions and to set up barriers between mourners and the Westboro Baptist Church, sued a former affiliate for trademark infringement.

The trademark suit, filed July 14 in federal court in Flint, Michigan, involves what Tulsa, Oklahoma-based Patriot Guard Riders said is unauthorized use of its marks by Michigan Patriot Guard Inc.

Patriot Guard Riders filed the suit in the wake of the U.S. Patent and Trademark Office’s rejection of an application by the Michigan group to register “Michigan Patriot Guard Rides with Respect.”

The national group had previously registered “Patriot Guard Riders Riding with Respect,” and the patent office found the Michigan group’s proposed mark confusingly similar, according to the complaint.

Michigan Patriot Guard didn’t respond immediately to an e-mailed request for comment on the case.

In March 2011, the U.S. Supreme Court ruled that the Westboro church’s actions in picketing military and other funerals and chanting anti-gay slogans were protected speech under the First Amendment of the U.S. Constitution.

The case is Patriot Guard Riders Inc. v. Michigan Patriot Guard Inc., 14-cv-12746, U.S. District Court, Eastern District of Michigan (Flint).

Radio Dogs’ Trademark Suit Against Clear Channel Dismissed

A trademark lawsuit against Clear Channel Communications Inc. was dismissed by a federal court in Florida after the plaintiff company failed to respond to Clear Channel’s motion to dismiss the case.

The suit was filed April 29 by Radio Dogs Inc., a California-based production company that created an awards program eventually known as the Radio Music Awards. Radio Dogs had claimed that Clear Channel’s “IHeartRadio Music Awards” was too close to its trademarks.

Clear Channel asked June 13 that the case be dismissed, arguing that Radio Dogs federal trademark registration had been canceled, and that the California company had failed to argue that the “Radio Music Awards” term had acquired any secondary meaning or was inherently distinctive.

The case is Radio Dogs Inc., v. Clear Channel Communications Inc., 0:14-cv-61014, U.S. District Court, Southern District of Florida (Ft. Lauderdale).

For more trademark news, click here.


Aereo’s Future as Cable-Like Service on Hold by Copyright Office

Aereo Inc.’s bid for a compulsory license to stream television online was met with skepticism by the U.S. Copyright Office, which said the startup falls outside the scope of a law meant for cable companies.

The agency refrained from rejecting Aereo’s filings related to the license, instead provisionally accepting them, according to a July 16 letter to the company.

For more copyright news, click here.

Trade Secrets/Industrial Espionage

Globus Ordered to Pay Royalties on Medical Device Trade Secret

Globus Medical Inc., a Pennsylvania maker of medical devices, was ordered to pay a Texas physician 5 percent interest for misappropriation of trade secrets related to a device used in spinal surgery.

Although the physician had sought profits Globus made on devices that embodied the trade secrets, the jury instead awarded him $4.3 million in royalties, based on 5 percent of the total net sales Globus earned on the devices.

The court then denied the physician’s request for an order barring Globus’ use of the trade secrets and granted his request for an ongoing royalty. The parties unsuccessfully attempted a negotiation on the rate, after which the court awarded the physician an ongoing royalty on Globus’ future sales of three particular devices. The royalty extends for a maximum period of 15 years from July 1 2007.

The case is Sabatino Bianco v. Globus Medical Inc., 2:12-cv-00147, U.S. District Court, Eastern District of Texas (Marshall).

To contact the reporter on this story: Victoria Slind-Flor in San Francisco at

To contact the editors responsible for this story: David E. Rovella at Joe Schneider

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