(This is a daily report on global news about patents, trademarks, copyright and other intellectual property topics. Updates with Momenta in Patent section.)
Oct. 31 (Bloomberg) -- HanesBrands Inc., the North Carolina underwear manufacturer, asked a federal court to declare it isn’t infringing a design patent for women’s pants with built-in support.
The Winston-Salem, North Carolina-based company said it’s been accused of infringing patent D641,135, belonging to Rockfit LLC of Commerce, California.
According to the complaint filed Oct. 27 in federal court in North Carolina, Rock Fit previously sued HanesBrands in federal court in Los Angeles in August, alleging that some of the North Carolina company’s products infringed the patent.
That case was dismissed by Rock Fit in October. HanesBrands said that Rock Fit hasn’t demonstrated it wouldn’t pursue infringement claims related to the patent against the North Carolina company in the future.
HanesBrands asked the court to declare the patent invalid and unenforceable. It also seeks an order barring Rock Fit and its employees from asserting that HanesBrands infringes the patent, and for awards of attorney fees and litigation costs.
The North Carolina underwear manufacturer is represented by John F. Morrow Jr. Jeffery R. McFadden and Matthew L. Jamison of Womble Carlyle Sandridge & Rice PLLC of Winston-Salem.
Mosaid Rises Above Sterling Offer on Prospect of Counterbid
Mosaid Technologies Inc., the Canadian company that has agreed to be acquired by Sterling Partners, rose above the company’s offer price, suggesting investors may anticipate a counterbid.
Mosaid, based in Kanata, Ontario, rose as much as 6.2 percent to C$46.11 ($46.41) after the company said Oct. 27 it had agreed to be acquired by Sterling for C$46 a share, or about C$590 million.
Mosaid has been the subject of a hostile takeover bid from Wi-Lan Inc., a Canadian patent-licensing firm, which offered C$42 a share.
“Wi-Lan has no intention to further revise or extend its revised offer,” the company said in an Oct. 19 statement after raising its bid for Mosaid by 11 percent.
Wi-Lan, based in Ottawa, didn’t have a new statement early Friday, said Tyler Burns, a company spokesman.
Biotec, Sloan-Kettering Get Canadian Patent for Treatment
Biotec Pharmacon ASA, a Norwegian biotech company, said it’s received a Canadian patent for a cancer treatment it developed in conjunction with the Memorial Sloan-Kettering Cancer Center.
The patent covers the combination of two compositions of one or more monoclonal antibodies and a substance known as yeast beta glucan. The Oslo-based company said in a statement that the compound will be used to target a wide range of malignancy, including breast, colon and lung cancer and leukemia.
The Canadian patent follows the issuance of similar patents in the U.S., Australia and Mexico, the company said.
New York-based Memorial Sloan-Kettering Cancer Center is the joint owner of the technology and Biotec Pharmacon has an exclusive license.
Momenta Gets Order Temporarily Barring Sale of Generic Drug
Momenta Pharmaceuticals Inc., a Cambridge, Massachusetts- based biotech company, persuaded a federal court to bar three companies from selling a generic version of a drug covered by U.S. patent 7,575,886.
The court’s order will stand until it issues a ruling in the underlying patent case. Momenta sued the three companies in federal court in Boston Sept. 21, alleging their plans to produce a generic form of the anticoagulant enoxaparin sodium would infringe the patents.
In his Oct. 28 ruling, U.S. District Judge Nathaniel M. Gorton said Momenta could face “significant damage in the form of price erosion and loss of customer goodwill” from the marketing of the generic products if they infringe.
The defendants are Amphastar Pharmaceuticals Inc., Watson Pharmaceuticals Inc. and International Medical Systems Ltd.
The case is Momenta Pharmaceuticals Inc. v. Amphastar Pharmaceuticals Inc., 1:11-cv-11681-NMG, U.S. District Court, District of Massachusetts (Boston).
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K-Beech Sues Only One Defendant for Infringing Adult Film
K-Beech Inc., a maker of adult films, sued one unnamed defendant for copyright infringement.
According to the complaint filed Oct. 15 in federal court in Philadelphia, the unnamed defendant is accused of using the BitTorrent protocol to download and share K-Beech’s “Virgins 4” film.
The case is unusual in that a single unnamed defendant was sued. Many of the copyright-infringement cases filed in the past year have listed as many as several thousand defendants.
K-Beech doesn’t claim that the defendant is a resident of the district where the suit was filed. According to court papers, the unnamed defendant is a Comcast Corp. subscriber. Philadelphia-based Comcast will be asked to identify the subscriber, K-Beech says in its pleadings.
The Chatsworth, California-based filmmaker said it is using IPP Ltd. to identify the Internet Protocol addresses of those using the BitTorrent protocol to reproduce, display and distribute the film without permission. IPP is using the International IPTracker forensic software in its quest to identify the IP addresses, K-Beech said in its pleadings.
The film company asked for a court order barring further infringement of the film, and an order that the defendant permanently remove copies of Virgin 4 from computers under the defendant’s possession or control.
Additionally, K-Beech asked for awards of money damages, attorney fees and litigation costs.
K-Beech is represented by Christopher P. Fiore and Aman M. Barber III of Fiore & Barber LLC of Harleysville, Pennsylvania.
The case is K-Beech Inc., v. John Doe, 2:11-cv-06670-BMS, U.S. District Court, Eastern District of Pennsylvania (Philadelphia).
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Trade Secrets/Industrial Espionage
Finland Suspects Industrial Espionage in Sale to Slovenia
Finland’s National Bureau of Investigation is interviewing six suspects believed to have committed industrial espionage in connection with the sale of armored vehicles to the Slovenian Defense Ministry, YLE, Finland’s state-owned broadcast station reported.
Investigators are looking at sale by Patria Vehicles OY that began in 2008, according to YLE.
Some charges associated with the sale have already been brought in Austria and Slovenia, YLE reported.
In addition to the six suspects, four others are all being investigated for possible aggravated bribery related to the sale, according to YLE.
Coastal Shoring Claims Ex-Employees Are Aiding Competitors
Coastal Shoring, a construction company in suburban New Orleans, says ex-employees who’ve gone to work for competitors are running an industrial espionage campaign against the company, New Orleans Times Picayune newspaper reported.
The company, which formerly did home-improvement contracting, is now in the business of raising houses in the region to make them less vulnerable to flood damage, according to the newspaper.
Coastal is so concerned about industrial espionage that it’s taken down an outdoor security camera for fear it could be used by competitors to spy on the company, the newspaper reported.
The company, which is presently being investigated by the federal Occupational Safety and Health Administration after a house it was lifting fell on a worker and killed him, is a participant in Louisiana’s $750 million house-lifting grant program, according to the Picayune.
--With assistance from Sarah Frier in New York. Editors: Mary Romano, Glenn Holdcraft.
To contact the reporter on this story: Victoria Slind-Flor in Oakland, California, at email@example.com.
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