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Practical Perspectives on Intellectual Property Legal Developments

Category Archives: Intellectual Property

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Service of Discovery Also Subject to New Deadline in Delaware Federal Court

Posted in Intellectual Property, Patent
We previously posted on the new deadline of 6:00 p.m. Eastern Time for all filings other than initial pleadings in the U.S. District Court for the District of Delaware. On October 15, 2014, Chief Judge Leonard Stark of the District of Delaware issued a letter addressing certain questions about the new rule. Chief Judge Stark reiterated that filings and service must be completed by 6:00 p.m. Eastern Time, and further indicated that this rule applies to all filing and service deadlines -- including service of discovery materials -- in every case in the District of Delaware, other than initial pleadings or those cases in Bankruptcy Court… Continue Reading

Put Away that Midnight Oil: New Rule in the District of Delaware

Posted in Intellectual Property, Patent
On October 2, 2014, Chief Judge Leonard Stark of the U.S. District Court for the District of Delaware announced a new deadline of 6:00 p.m. Eastern Time for all filings other than initial pleadings. As of October 16, 2014, “[a]side from initial pleadings, all electronic transmissions of documents (including, but not limited to, motions, briefs, appendices, and discovery responses) must be completed by 6:00 p.m. Eastern Time, in order to be considered timely filed and served that day.” Initial pleadings which are filed before midnight will still be considered timely… Continue Reading

Gibbons Hires Fourth Intellectual Property Apprentice

Posted in Intellectual Property
Ankit D. Patel has joined Gibbons P.C. as an Apprentice in the Intellectual Property Department. Mr. Patel is the fourth participant in the firm’s Apprenticeship Program, which Gibbons launched in 2010 to help maximize the value of its legal and client services while also providing a solid training ground for new attorneys. James J. Kang, the firm’s most recent Apprentice, was recently promoted to an Associate position in the Intellectual Property Department… Continue Reading

Court Holds Only Reverse Payment of Money Requires Actavis Antitrust Scrutiny

Posted in Intellectual Property, Litigation
Recent years have seen a significant number of antitrust challenges to so-called “reverse payment” pharmaceutical patent litigation settlements between brand name manufacturers and their generic competitors. The Supreme Court’s decision in FTC v. Actavis resolved a split among the courts of appeal, and held that settlements in which “large and unjustified” reverse payments are made are subject to antitrust scrutiny in the form of a traditional “rule of reason” analysis. In the wake of Actavis, the lower courts have begun to grapple with the question of what, if any, application Actavis has to the disposition of antitrust challenges to patent settlements that do not include a large payment of cash by the brand producer to the generic, but may include other forms of non-monetary consideration… Continue Reading

Time Bars for Joint Authors and Copyright Registration Cancellation: The Third Circuit Weighs in on Two Issues of First Impression

Posted in Intellectual Property
On January 29, the Third Circuit issued an opinion in Brownstein v. Lindsay that addressed two issues of first impression under United States Copyright Law. One was whether a court has authority to cancel a copyright registration. The second was when the statute of limitations begins to toll on a co-author’s claim of copyright ownership against his or her co-author… Continue Reading

Happy Veterans Day!

Posted in Intellectual Property
The Intellectual Property Department at Gibbons P.C. wishes its readers a Happy and Safe Veterans Day! And, we express our eternal gratitude for all Veterans, and especially those presently serving in harm's way without whom we would not be enjoying our freedoms… Continue Reading

Gibbons Snags Ex-Roche Chief Patent Counsel For IP Practice

Posted in Intellectual Property
As reported in Law360 yesterday, George W. Johnston, most recently Vice President & Chief Patent Counsel at Hoffmann-La Roche Inc., has joined Gibbons P.C. as Counsel in the Intellectual Property Department, reinforcing the firm's focus on offering clients strategically-minded intellectual property attorneys with deep, hands-on industry experience. He also serves on the Board of the Gibbons Institute of Law, Science & Technology at Seton Hall University School of Law, a leading educational forum endowed by Gibbons to address the legal, political, and social issues that arise as scientific and technological changes challenge existing laws and legal institutions… Continue Reading

Happy Fourth of July

Posted in Intellectual Property
The Intellectual Property Department at Gibbons P.C. wishes its readers a happy and safe Independence Day! We also express our gratitude for all those who have served and those presently serving in harm's way without whom we would not be enjoying our freedoms… Continue Reading

Gibbons Director Rob Rudnick Elected President of the NJIPLA; “Electronics, Telecom and Software Patent Practice Update” Event Rescheduled for 1/24/13

Posted in Intellectual Property
Gibbons P.C. is pleased to announce that Robert E. Rudnick, a Director in the firm's Intellectual Property Department, has been appointed President of the New Jersey Intellectual Property Law Association (NJIPLA). Mr. Rudnick has been an NJIPLA board member for the past four years… Continue Reading

IP Department Chair David De Lorenzi Recognized for Firm’s IP Growth and Gibbons Institute of Law, Science & Technology

Posted in Intellectual Property
David De Lorenzi brings enthusiasm and creativity to any undertaking, be it building and directing the highly regarded Intellectual Property Department at Gibbons P.C., creating and overseeing the firm's Apprenticeship Program, or helping develop and lead the Gibbons Institute of Law, Science & Technology at Seton Hall University School of Law… Continue Reading

The Gibbons Institute of Law, Science & Technology presents “Views from the Bench”

Posted in Intellectual Property
Please join us Tuesday, October 16, as the Gibbons Institute of Law, Science & Technology welcomes the Honorable Kathleen M. O'Malley, Circuit Judge, U.S. Court of Appeals for the Federal Circuit, to present Views from the Bench at the Newark Club. The lecture will begin at 6:00 pm followed by a Networking Reception at 7:30 pm. CLE credits for NJ and NY are offered… Continue Reading

Intellectual Asset Management Ranks Gibbons Among Top IP Law Firms and Practitioners Worldwide

Posted in Intellectual Property, Patent
Intellectual Asset Management (IAM) ranks Gibbons among the top IP law firms and practitioners worldwide in its guide - IAM Patent Litigation 1000 - The World's Leading Patent Litigators. David E. De Lorenzi, Chair of the Gibbons Intellectual Property Department, and Sheila F. McShane, a Director in the Department, were two of only five intellectual property lawyers featured as leading individuals in this practice… Continue Reading

Gibbons Intellectual Property Practice Highlighted by Chambers USA

Posted in Intellectual Property, Patent
The Gibbons Intellectual Property Department, and two of its attorneys, were among the 10 Gibbons practice areas and 20 individual attorneys ranked in the 2012 edition of the Chambers USA Guide to America's Leading Lawyers for Business. Chambers annually rates the nation's leading business lawyers and law firms through comprehensive interviews with top companies, attorneys, and business executives, plus extensive supplementary research… Continue Reading

IP Licenses in Bankruptcy Webinar!

Posted in Intellectual Property
The recently announced Kodak bankruptcy has focused much needed attention on the intersection of bankruptcy law with IP rights. Gibbons P.C., with robust bankruptcy and IP practices, will be participating in a live webinar on Tuesday, February 21, 2012 from 1:00 - 2:30 pm to address the impact of the Bankruptcy Code on IP licenses. The webinar will feature an update on case law developments and practical tips for dealing with IP licenses in a bankruptcy. Participants will be invited to a live Q & A session with the speakers at the end of the panel discussion. CLE credit will be available… Continue Reading
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