Bloomberg News

Cumberland, Apple-HTC, NovaLogic: Intellectual Property

May 21, 2012

Cumberland Pharmaceuticals (CPIX:US), the maker of prescription drugs for emergency medicine, accused generic- drug makers Perrigo Co. (PRGO:US) and InnoPharma Inc. of infringing its patent 8,148,356., which covers the acetaminophen overdose treatment Acethetadote.

Cumberland, based in Nashville, contends Allegan, Michigan- based Perrigo and InnoPharma of Piscataway, New Jersey, are planning to introduce copies of the drug before the patent- protection expires in 2026.

“Such conduct will constitute infringement” and create “a reasonable apprehension of irreparable harm” to Cumberland, its lawyers said in two complaints filed May 17 in Delaware federal court in Wilmington.

Acetadote is used in hospital emergency rooms to limit liver damage from life-threatening overuse of the pain reliever acetaminophen -- a leading cause of poisoning in the U.S. -- according to Cumberland.

H. Rajan Sharma, InnoPharma general counsel, said the company had no comment on the lawsuit. Arthur Shannon, a Perrigo spokesman, didn’t immediately return phone and e-mail messages seeking comment.

The cases are Cumberland v. Perrigo, 12cv619, and Cumberland v. InnoPharma, 12cv618, U.S. District Court, District of Delaware (Wilmington).

Apple, HTC Ordered Into Mediation Over Patent Suit on Aug. 28

HTC Corp. (2498) and Apple Inc. (AAPL:US) were ordered to meet on Aug. 28 for a mediation conference over a patent dispute brought by the Taiwanese company against the iPhone maker, according to a court filing.

HTC, based in Taoyuan City, Taiwan, filed the complaint on Sept. 7 in U.S. District Court in Wilmington, Delaware, over four patents it bought from Google Inc. related to methods to upgrade software wirelessly.

The case is HTC Corp. v. Apple Inc., 11-cv-715, U.S. District Court, District of Delaware (Wilmington).

For more patent news, click here.

Trademark

NovaLogic Spars With Activision Over Use of ‘Delta Force’ Marks

NovaLogic Inc., the publisher of the “Delta Force” series of military-themed video games, sued Activision Blizzard Inc. for trademark infringement.

The complaint, filed in federal court in Los Angeles, claims Activision allegedly infringed the “Delta Force” marks by incorporating a “Delta Force” division into its “Call of Duty” game.

Calabasas, California-based NovaLogic said there is no actual “Delta Force” unit in the U.S. military, and that the public became aware of the term only through the video game. The U.S. Army “denied that any unit called Delta Force exists and does not claim ownership to either the Delta Force name of logo,” the company said in its pleadings.

Activision is also accused of incorporating a design mark into its games that is “nearly identical” to the Delta Force marks used by NovaLogic.

Activision, of Santa Monica, California, didn’t respond to an e-mailed request for comment. NovaLogic also named Voyetra Turtle Beach Inc., Penguin Group and Microsoft Corp. as defendants, saying all are licensees of Activision.

NovaLogic asked the court to halt further infringement of its marks and for awards of money damages, litigation costs and attorney fees.

The case is NovaLogic Inc. v. Activision Blizzard Inc. (ATVI:US), 2:12-cv-04011-JFW-SH, U.S. District Court, Central District of California (Los Angeles).

China to Initiate New Anti-Piracy Campaign, Xinhua Reports

New anti-piracy efforts will be made against the manufacture and sale of counterfeit goods, China’s General Office of the State Council said May 18 and Xinhua reported.

The campaign will target online shopping sites, cosmetics, medicine, agricultural production materials and vehicle components, according to Xinhua.

The enforcement of trade secrets will also be an element in the campaign, as well as the protection of trademark, and patent rights, Xinhua reported.

For more trademark news, click here.

Copyright

China to Make a Second Stab at Amendment to Copyright Law

China’s National Copyright Administration will respond to feedback on a draft amendment to that country’s copyright law by making revisions to the proposed legislation, Xinhua reported.

The proposed amendment met opposition from Chinese music writers, who claimed it would diminish their rights, according to Xinhua.

Among the more than 1,500 feedback submissions came those from trade organizations and businesses in the European Union, Britain, Japan, Taiwan, Hong Kong, and the U.S., the news service reported.

The revision will be based on opinions expressed by the public and a committee of experts, according to Xinhua.

For more copyright news, click here.

Trade Secrets/Industrial Espionage

Ex-Frontier Scientific Employee Enters Plea in Secrets Case

A former scientist at Frontier Scientific Inc. has pleaded guilty to one charge of unauthorized access to a company computer, the Salt Lake Tribune reported.

In return for his guilty plea, the government dropped 25 other charges including industrial espionage and trade-secret misappropriation allegations against Prabhu Mohapatra, 42, of North Logan, Utah, according to the newspaper.

Mohapatra, who is set for sentencing Aug. 28, still faces a potential prison sentence of five years, the Tribune reported.

A co-worker at the Logan, Utah-based scientific research company noted Mohapatra’s alleged suspicious behavior and reported him to management, the newspaper reported.

Clear Channel Works with FBI on Trade Secrets Awareness Program

CC Media Holds Inc. (CCMO:US)’s Clear Channel Outdoor Americas unit is working with the U.S. Federal Bureau of Investigation on a campaign aimed at raising national awareness of industrial espionage and trade secret theft, according to a company statement.

A series of what Clear Channel calls “stark and striking” digital billboards addressing the issue have gone on display in cities and major markets including New York/New Jersey; Miami; Salisbury, Maryland; Washington/Baltimore; San Francisco; Boston; and Columbus, Ohio.

Regions were chosen for their proximity to high-tech research and development companies, laboratories, major industries and national defense contractors, according to the Clear Channel statement.

Trade secret misappropriation is costing the U.S. $13 billion a year, San Antonio-based Clear Channel said in its statement.

IP Moves

Choate Hall Hires Goodwin Procter’s Haulbrook for IP Group

Choate Hall & Stewart LLP hired William R. Haulbrook for its IP group, the Boston-based firm said in a statement.

Haulbrook, who joins from Boston’s Goodwin Procter LLP, does patent acquisition, counseling and enforcement work. He has represented clients in the medical imaging and diagnostics, computer software, industrial process simulation, polymers and composites, alternative energy, semiconductor manufacturing, industrial chemistry and petroleum processing industries.

Haulbrook has an undergraduate degree from the University of South Carolina, a master’s degree and a doctorate in chemical engineering from the Massachusetts Institute of Technology and a law degree from the University of North Carolina.

Wolf Rifkin Hires Entertainment/IP Specialist Larry Greenfield

Wolf Rifkin Shapiro Schulman & Rabkin LLP hired Larry S. Greenfield for its entertainment and IP litigation practice, the Los Angeles-based firm said in a statement.

Greenfield has represented clients in copyright, trademark and trade secret disputes as well as for entertainment-industry contracts and on privacy disputes.

He has an undergraduate degree from Cornell University and a law degree from New York University.

To contact the reporter on this story: Victoria Slind-Flor in Oakland, California, at vslindflor@bloomberg.net.

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.


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Companies Mentioned

  • CPIX
    (Cumberland Pharmaceuticals Inc)
    • $5.32 USD
    • -0.10
    • -1.88%
  • PRGO
    (Perrigo Co PLC)
    • $168.14 USD
    • 3.29
    • 1.96%
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