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Apple, Teva, General Mills, Cartier: intellectual property

26 August 2015 08:58 (UTC+04:00)
Apple, Teva, General Mills, Cartier: intellectual property

By Bloomberg

Apple Inc. lost a ruling at Germany’s top civil court over a patent for unlocking smartphones with a finger swipe.

Judges on Tuesday said that the iPhone maker’s method didn’t reach a level of sophistication needed to award patent protection -- backing an earlier patent tribunal ruling in favor of Lenovo Group Ltd.’s Motorola Mobility Holdings Inc.

“This user-friendly display was already suggested by the state of the art,” the Karlsruhe-based court wrote. “The contested patent thus isn’t based on an invention.”

Apple’s German press office didn’t immediately reply to an e-mail seeking comment.

Samsung Electronics Co. initially joined Motorola Mobility in the case but later withdrew.

In 2012, Apple won a Munich court injunction against Motorola Mobility based on the patent. That case is pending on appeal and was stayed to wait for the outcome of Tuesday’s suit.

Yesterday’s case is BGH, X ZR 110/13.

Teva’s Copaxone Patents to Be Reviewed in Mylan Challenge

Teva Pharmaceutical Industries Ltd. must defend the validity of two patents on its top-selling Copaxone drug after U.S. regulators said Mylan NV has a “reasonable likelihood” of a winning a challenge at the agency.

Mylan claimed the two patents, owned by Yeda Research & Development Co., didn’t cover a new invention so should be canceled. The U.S. Patent Trial and Appeal Board said after a preliminary analysis that Mylan may be right and on Tuesday began a formal review that will be completed in a year.

The patents cover the 40-milligram version of the multiple sclerosis drug, an extended-release treatment given over a period of a week. Mylan has challenged a third patent on the drug, and a decision in that case is likely within the next couple of weeks.

Mylan, which fended off a takeover bid by Teva last month, said it was the first to seek FDA approval to sell a copy of the 40-milligram version. That could give the company rights to have the only copycat on the market for six months.

In deciding to institute a review, the patent office found that Mylan had “offered sufficient evidence” that the treatment plan would have been obvious, given information available to researchers at the time.

Mylan Chief Executive Officer Heather Bresch said the company was pleased the patent office “has determined that there is a reasonable likelihood of prevailing on the invalidity assertion.”

Novartis AG and Momenta Pharmaceuticals Inc. make a generic version of the 20-milligram dosage of Copaxone. The drug in all dosage forms generated $1.05 billion in the second quarter for Petach Tikva, Israel-based Teva.

The cases are IPR2015-00643 and IPR2015-00644, both U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (Alexandria, Virginia).

For more patent news, click here.

Copyright

General Mills’ ‘Miss Cleo’ Campaign Infringed, Network Claims

General Mills Inc., maker of Cheerios, Trix and Betty Crocker cake mixes, was sued for copyright infringement by the Psychic Readers Network Inc.

In a complaint filed Aug. 24 in Florida federal court, General Mills is accused of infringing the “Miss Cleo” copyrights belonging to the Fort Lauderdale-based Psychic Readers.

The Florida company said it developed the persona of Miss Cleo and built it around Youree Dell Harris, one of its psychic advisers who offered services on the telephone. The company used used the Miss Cleo persona as a spokeswoman for the network and created commercials, radio spots, books, a deck of tarot cards and campaigns around her image.

Psychic Readers Network claims it has spent more than $100 million in advertising and promotion of its services through the use of Miss Cleo. Harris was paid a fee for her services, and, according to the complaint, has no rights to the mark, the related ancillary materials or the look of the character.

The Florida company objects to General Mills’ use of Miss Cleo for the promotion of its French Toast Crunch Cereal beginning in December 2014. This use is without authorization, the network claims, and is causing the public to believe, falsely, that an affiliation exists between the Miss Cleo persona and the cereal company.

Psychic Readers Network asked the court to bar General Mills and its ad agency’s use of the Miss Cleo name and persona and for awards of the profits the cereal company derived from the alleged infringement, as well as money damages, attorney fees and litigation costs.

Minneapolis-based General Mills doesn’t comment on pending litigation, a company spokesman, Mike Siemienas, said in an e- mail

The case is Psychic Readers Network Inc. v. General Mills Inc., 0:15-cv-61769, U.S. District Court, Southern District of Florida (Fort Lauderdale).

For more copyright news, click here.

Trademark

Cartier Sues California Jewelry Company Over Fake Merchandise

Compagnie Financiere Richemont SA’s Cartier unit has sued a California jewelry company for trademark infringement.

Princes P. Jewelry Co of Woodland Hills, California, is accused of selling counterfeit versions of several Cartier jewelry pieces, including the Love bracelet designed by Aldo Cipullo in 1969, and the nail-shaped “Uuste un Clou” bracelets Cipullo designed for the company in 1971.

Bellevue, Switzerland-based Cartier claims its reputation is damaged because it can’t control the quality of goods bearing its marks sold by Princess P. The public is likely to be confused by the alleged counterfeits, Cartier says.

The luxury jewelry company asked the court for awards of as much as $2 million for each infringed trademark, as well as all the profits Princess P. has realized from its alleged sale of the fake Cartier items. Alleging the infringement is deliberate and malicious, Cartier seeks extra damages to punish the California company for its actions.

Pilar Vargas, a spokeswoman for Princess P. Jewerly, which sells its jewelry through its princesspjewelry.com website, said her company declined to comment on the suit.

The case is Cartier International AG v. Princess P. Jewelry Co., 1:15-cv-06700, U.S. District Court, Southern District of New York (Manhattan).

Ohio Law Firm Tells USPTO of Its Love for Senior Citizens

AllerStallings LLC, a law firm based in Dublin, Ohio, has applied to register “We love old people” as a trademark, according to the database of the U.S. Patent and Trademark Office.

The application specifies that the mark will be used to legal services.

According to the firm’s website, AllerStallings specializes in estate planning and elder law.

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