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Westlaw Journal INTELLECTUAL PROPERTY Westlaw Journal INTELLECTUAL PROPERTY Litigation News and Analysis • Legislation • Regulation • Expert Commentary VOLUME 25, ISSUE 6 / JULY 3, 2018 EXTRATERRITORIALITY WHAT’S INSIDE PATENT Supreme Court ruling focuses on patent statute 3 PTO releases new patent cover to celebrate for award of lost overseas profits 10 millionth patent By Patrick H.J. Hughes 3 No attorney fees for device maker that beat medical The U.S. Supreme Court has ruled that patent owner WesternGeco LLC can recoup patent suit, court says lost overseas profits from ION Geophysical Corp., which sold infringing components Stone Basket Innovations v. Cook Medical (Fed. Cir.) assembled abroad. COPYRIGHT WesternGeco LLC v. ION Geophysical Corp., 5 NRA ad infringes Chicago’s No. 16-1011, 2018 WL 3073503 (U.S. June 22, ‘Bean’ sculpture, copyright 2018). suit says Kapoor v. National Rifle In a 7-2 vote, the high court focused solely on Association (N.D. Ill.) Section 271(f)(2) of the Patent Act, 35 U.S.C.A. 6 Insurance startup accuses § 271(f)(2), holding that the statute allows European firm of copying app, extraterritorial recovery if infringing components website are supplied from within U.S. borders. Lemonade Inc. v. One Versicherung AG (S.D.N.Y.) The U.S. Justice Department asked the high court to overturn the U.S. Court of Appeals for the TRADEMARK Federal Circuit’s decision not to award lost profits REUTERS/Molly Riley 7 U.S. court revives Dr Pepper to the Houston-based oil field service provider, a covers supplying an infringing component to be challenge to Coca-Cola ‘zero’ Schlumberger NV subsidiary. “combined outside the United States,” regulated drinks domestic activity. To resolve the dispute, the justices evaluated Royal Crown Co. v. Coca-Cola Co. (Fed. Cir.) whether the focus of Section 271(f)(2), which CONTINUED ON PAGE 14 8 Drone retailer files counterclaim in trademark infringement dispute ON-SALE BAR Aerial West v. Drone World (C.D. Cal.) Supreme Court agrees to clarify ‘on sale’ bar TRADE SECRETS in Helsinn patent case 9 Teradata sues Germany’s SAP, alleging it stole trade (Reuters) – The U.S. Supreme Court on June 25 agreed to hear a dispute between secrets drug companies Helsinn Healthcare SA and Teva Pharmaceutical Industries Ltd. over Teradata Corp. v. SAP SE (N.D. Cal.) the scope of a legal doctrine limiting the patentability of inventions that have been 10 Judge: Venture capitalist’s offered for sale for over a year. investment in security firm’s rivals no cause for alarm Helsinn Healthcare SA v. Teva Pharmaceuticals anti-nausea drug Aloxi following a challenge by Alarm.com Holdings v. ABS USA Inc., No. 17-1229, cert. granted, 2018 WL Teva. Capital Partners (Del. Ch.) 1142984 (U.S. June 25, 2018). The appeals court had cited the “on-sale bar” to The high court said it would hear Helsinn’s patentability included in the 2011 America Invents appeal of a U.S. Court of Appeals for the Federal Act in ruling against Helsinn. Circuit decision invalidating patents relating to SEE PAGE 16 42089379 TABLE OF CONTENTS Westlaw Journal Intellectual Property Published since August 1989 Extraterritoriality: WesternGeco v. ION Geophysical Corp. Supreme Court ruling focuses on patent statute for award of lost overseas profits (U.S.) ............................1 Director: Nadia Abadir Editors: On-Sale Bar: Helsinn Healthcare v. Teva Pharmaceuticals Patrick H.J. Hughes Supreme Court agrees to clarify ‘on sale’ bar in Helsinn patent case (U.S.) ....................................................1 [email protected] Patent Desk Editors: PTO releases new patent cover to celebrate 10 millionth patent ................................................................... 3 Jennifer McCreary, Elena Neuzil, Katie Pasek, Sydney Pendleton, Abbie Sarfo, Maggie Tacheny Patent: Stone Basket Innovations v. Cook Medical No attorney fees for device maker that beat medical patent suit, court says (Fed. Cir.) ................................ 3 Graphic Designers: Nancy A. Dubin, Ramona Hunter Copyright: Kapoor v. National Rifle Association Westlaw Journal Intellectual Property NRA ad infringes Chicago’s ‘Bean’ sculpture, copyright suit says (N.D. Ill.) ...................................................5 (ISSN 2155-0913) is published biweekly by Thomson Reuters. Copyright: Lemonade Inc. v. One Versicherung AG Insurance startup accuses European firm of copying app, website (S.D.N.Y.) ................................................6 Thomson Reuters 175 Strafford Avenue, Suite 140 Trademark: Royal Crown Co. v. Coca-Cola Co. Wayne, PA 19087 U.S. court revives Dr Pepper challenge to Coca-Cola ‘zero’ drinks (Fed. Cir.) ................................................. 7 877-595-0449 Fax: 800-220-1640 www.westlaw.com Trademark: Aerial West v. Drone World Drone retailer files counterclaim in trademark infringement dispute (C.D. Cal.) ...........................................8 Customer service: 800-328-4880 For more information, or to subscribe, Trade Secrets: Teradata Corp. v. SAP SE please call 800-328-9352 or visit Teradata sues Germany’s SAP, alleging it stole trade secrets (N.D. Cal.) .......................................................9 legalsolutions.thomsonreuters.com. Reproduction Authorization Trade Secrets: Alarm.com Holdings v. ABS Capital Partners Authorization to photocopy items for internal Judge: Venture capitalist’s investment in security firm’s rivals no cause for alarm (Del. Ch.) ...................... 10 or personal use, or the internal or personal use by specific clients, is granted by Thomson False Advertising: Helmer, Conley & Kasselman v. Hark & Hark Reuters for libraries or other users regis- What’s in a name? Law firm says its name on Google AdWords not so sweet (D.N.J.) ..................................11 tered with the Copyright Clearance Center (CCC) for a fee to be paid directly to the Bankruptcy: Mission Product Holdings v. Tempnology Copyright Clearance Center, 222 Rosewood High court urged to fix ‘wrong’ decision that stripped licensee of IP rights (U.S.) .........................................12 Drive, Danvers, MA 01923; 978-750-8400; www.copyright.com. Case and Document Index ...............................................................................................................................17 Thomson Reuters is a commercial publisher of content that is general and educational in nature, may not reflect all recent legal developments and may not apply to the specific facts and circumstances of individual transactions and cases. Users should consult with qualified legal counsel before acting on any information published by Thomson Reuters online or in print. Thomson Reuters, its affiliates and their editorial staff are not a law firm, do not represent or advise clients in any matter and are not bound by the profes- sional responsibilities and duties of a legal practitioner. 2 | WESTLAW JOURNAL n INTELLECTUAL PROPERTY © 2018 Thomson Reuters PATENT PTO releases new patent cover to celebrate 10 millionth patent By Patrick H.J. Hughes U.S. patents now have an extra digit since the Patent and Trademark Office granted its 10 millionth utility patent to Massachusetts tech firm Raytheon Co. U.S. Patent No. 10,000,000, which covers PTO Director Andrei Iancu commented a laser detection and ranging system, was in March about the significance of the granted June 19. 2018 cover change in anticipation of the To mark the occasion, the PTO has released 10 millionth patent. a webpage with a timeline highlighting the “Our new cover, through design, typography history of U.S. patents since the passage of and printing, is a forward-looking, the 1790 Patent Act. contemporary take on the significance The 10 millionth patent was the first to sport of what the document represents, with a a new design on its cover, a change the particular emphasis on the value of a patent PTO unveiled in March in anticipation of the and its role in the future of our economic and milestone. cultural growth,” Iancu said. The PTO last redesigned the standard patent In addition to the new cover, the PTO is cover in 1985. This latest change marks only coordinating a media campaign called “10 the second time in over 100 years that U.S. Million Patents” — an effort to communicate patent documents have been redesigned. the role that patents play in the community. President Donald Trump signed the The campaign includes “10 Million Patents document, marking the first time a president Partnerships,” an initiative the PTO has Courtesy of USPTO has signed a U.S. patent since 1976. undertaken with museums, including the The PTO debuted this new patent cover for the 10 millionth National Inventors Hall of Fame, to feature patent issued. exhibits about the history of patents. WJ PATENT No attorney fees for device maker that beat medical patent suit, court says By Patrick H.J. Hughes Cook Medical LLC has lost a bid for attorney fees despite deflecting a lawsuit accusing it of infringing a medical device patent, the top patent appeals court has ruled. Stone Basket Innovations LLC v. Cook The panel also rejected Cook Medical’s The suit, filed in the U.S. District Court for the Medical LLC, No. 2017-2330, 2018 WL argument that it deserved attorney fees Eastern District of Texas, accused Cook Medical 2769104 (Fed. Cir. June 11, 2018). because Stone’s founders had “a lengthy of infringing U.S. Patent No. 6,551,327. The U.S. Court of Appeals for the Federal history of filing nuisance lawsuits.” The patent covers a device for extracting Circuit found Cook Medical could not show
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