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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Category Archives: Patent

Indiana Patent Litigation Update

09 Monday Feb 2009

Posted by Kenan Farrell in Litigation, Patent

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Alcon Research, Infringement of U.S. Patent

Alcon Research, Ltd. et al. v. Apotex Inc. et al.
1:09-cv-00102; filed February 2, 2009 in the Southern District of Indiana

Infringement of U.S. Patent Nos. 5,641,805 (“Topical Ophthalmic Formulations for Treating Allergic Eye Diseases,” issued June 24, 1997), 6,995,186 (“Olopatadine Formulations for Topical Administration,” issued on February 7, 2006), and 7,402,609 (same title, issued July 22, 2008 ) following a Paragraph IV certification as part of Apotex’s filing of an ANDA to manufacture a generic version of Alcon’s Pataday® (olopatadine hydrochloride ophthalmic solution, used to treat ocular itching associated with allergic conjunctivitis).  View the complaint here.

Alcon Research, Ltd. et al. v. Sandoz Inc.
1:09-cv-00103; filed February 2, 2009 in the Southern District of Indiana

Infringement of U.S. Patent Nos. 5,641,805 (“Topical Ophthalmic Formulations for Treating Allergic Eye Diseases,” issued June 24, 1997) following a Paragraph IV certification as part of Sandoz’s filing of an ANDA to manufacture a generic version of Alcon’s Patanol® (olopatadine hydrochloride ophthalmic solution, used to treat ocular itching associated with allergic conjunctivitis).  View the complaint here.

Courtesy of Patent Docs.

Indiana Patent Litigation Update

05 Thursday Feb 2009

Posted by Kenan Farrell in Litigation, Patent

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Eli Lilly & Co. v. Invagen Pharmaceuticals, Inc.
1:09-cv-00087; filed January 28, 2009 in the Southern District of Indiana

Infringement of U.S. Patent Nos. 6,458,811 (“Benzothiophenes Formulations Containing Same and Methods,” issued October 1, 2002), 6,797,719 (same title, issued September 28, 2004), and 6,894,064 (same title, issued May 17, 2005) following a Paragraph IV certification as part of Invagen’s filing of an ANDA to manufacture a generic version of Lilly’s Evista® (raloxifene, used for the prevention and treatment of osteoporosis in postmenopausal women and for the reduction in risk of invasive breast cancer in postmenopausal women with osteoporosis and in postmenopausal women at high risk of invasive breast cancer).  View the complaint here.

Courtesy of Patent Docs

Global recession increasing intellectual property risks, Purdue study finds

04 Wednesday Feb 2009

Posted by Kenan Farrell in Intellectual Property, Patent

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Indiana, Intellectual Property, Purdue

A new study conducted by Purdue University researchers notes that the global recession is putting vital information, including valuable intellectual property assets, at greater risk than ever before.  The study was commissioned by McAfee and conducted by researchers from Purdue’s Center for Education and Research in Information Assurance and Security (CERIAS).

CERIAS

Of 800 senior IT decision makers surveyed in the U.S., UK, Germany, Japan, China, India, Brazil and the Middle East, it was estimated that a combined $4.6 billion worth of intellectual property was lost in 2008 alone, and approximately $600 million was spent repairing damage from data breaches.  Based on these numbers, McAfee projected that companies worldwide lost more than $1 trillion last year.

“Companies are grossly underestimating the loss, and value, of their intellectual property,” said Eugene Spafford, professor of computer science at Purdue and executive director of CERIAS. “Just like gold, diamonds or crude oil, intellectual property is a form of currency that is traded internationally, and can have serious economic impact if it is stolen.”

McAfee and CERIAS identify three trends that will make critical information more vulnerable:

The first trend is that the insider threat will grow. Business failures, mass layoffs, decimated markets and a poor economic outlook will lead to a vastly increased number of financially desperate current employees and laid-off staff stealing valuable corporate information, both for financial gain and to improve their job opportunities.

Secondly, there will be more sophisticated and targeted attacks from cybercriminals. Attackers will comb blogs, press releases, magazine and newspaper articles, corporate information databases and social networking sites to gather details of executives’ public and private lives in order to gain access to user IDs, passwords, financial and systems account information and other sensitive corporate data. Web 2.0 technologies and cloud computing where people collaborate, share and use existing components to build new applications will create an environment of great innovation but can also create a back door for cybercriminals to steal sensitive data.

The third trend that McAfee observed was geo-information “hot zones.” As China and Russia’s economies soften, there will be even more pressure to “appropriate” intellectual property as a means to continue economic growth. Organized crime and state-sponsored groups in both Russia and China will continuously seek out new and profitable targets. Pakistan looms as potentially the largest threat, with attackers motivated by ideology rather than economic gain.

As information becomes increasingly vulnerable, it’s important to take extra precautions to maintain and enforce your intellectual property rights.  Make sure that your company is protecting it’s valuable IP assets and not letting your investment slip out the back door!

Obama and Intellectual Property

26 Monday Jan 2009

Posted by Kenan Farrell in Copyright, Federal Initiatives, Patent, Trademark

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Initiatives

“Let us be the generation that reshapes our economy to compete in the digital age. Let’s set high standards for our schools and give them the resources they need to succeed. Let’s recruit a new army of teachers, and give them better pay and more support in exchange for more accountability. Let’s make college more affordable, and let’s invest in scientific research, and let’s lay down broadband lines through the heart of inner cities and rural towns all across America.” 

— Barack Obama

Whitehouse.gov lists some of the President’s new initiatives related to intellectual property and technology.  We’ll be tracking his administration’s performance on these initiatives over the next four (4) years:

  • Protect American Intellectual Property Abroad: Work to ensure intellectual property is protected in foreign markets, and promote greater cooperation on international standards that allow our technologies to compete everywhere.
  • Protect American Intellectual Property at Home: Update and reform our copyright and patent systems to promote civic discourse, innovation, and investment while ensuring that intellectual property owners are fairly treated.
  • Reform the Patent System: Ensure that our patent laws protect legitimate rights while not stifling innovation and collaboration. Give the Patent and Trademark Office (PTO) the resources to improve patent quality and open up the patent process to citizen review to help foster an environment that encourages innovation. Reduce uncertainty and wasteful litigation that is currently a significant drag on innovation.
  • Promote American Businesses Abroad: Support a trade policy that ensures our goods and services are treated fairly in foreign markets. Fight for fair treatment of our companies abroad.
  • Invest in the Sciences: Double federal funding for basic research over ten years, changing the posture of our federal government to one that embraces science and technology.
  • Invest in University-Based Research: Expand research initiatives at American colleges and universities. Provide new research grants to the most outstanding early-career researchers in the country.
  • Make the R&D Tax Credit Permanent: Invest in a skilled research and development workforce and technology infrastructure. Make the Research and Development tax credit permanent so that firms can rely on it when making decisions to invest in domestic R&D over multi-year timeframes.
  • Ensure Competitive Markets: Foster a business and regulatory landscape in which entrepreneurs and small businesses can thrive, start-ups can launch, and all enterprises can compete effectively while investors and consumers are protected against bad actors that cross the line. Reinvigorate antitrust enforcement to ensure that capitalism works for consumers.
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