Patent Reform: Senate Debate to Begin February 28, New Sponsors, For and Against

Senate Calendars Patent Reform Debate for February 28, 2011

       Today the U.S. Senate indicated that upon the conclusion of Morning Business on Monday, February 28, 2011, it will proceed to consider S. 23, the Patent Reform Act of 2011.  S.23 was reported out of the Judiciary Committee on February 3, 2011, with few changes from the version introduced on the Senate floor by Sen. Patrick Leahy (D-VT).

 

New Bill Sponsors Come Forward

          GovTracks is reporting additional sponsors of S.23: Sen. Richard Blumenthal (D-CT), Sen. Kirsten Gillibrand (D-NY), and Sen. Herb Kohl (D-WI), bringing the total number of Senators co-sponsoring S.23 to 11 (six Democrats, four Republicans, one Independent). No Maryland Senator is a co-sponsor.

 

For and Against Patent Reform

          MapLight is reporting the following organizations and interest groups as publicly supporting or opposing S.23:

Support:

  • American Institute of Certified Public Accountants (AICPA)
  • Association of University Technology Managers (AUTM)
  • Biotechnology Industry Organization (BIO)
  • Consumer Action
  • Innovation Alliance
  • International Association for Registered Financial Consultants
  • Microsoft
  • Partnership for Philanthropic Planning
  • Pharmaceutical Research and Manufacturers of America (PhRMA)
  • Public Interest Research Group
  • Tax Justice Network USA
  • The American College of Trust and Estate Counsel

Oppose:

  • Cisco
  • Dell
  • Financial Services Roundtable
  • Generic Pharmaceutical Association
  • Independent Community Bankers of America
  • Securities Industry and Financial Markets Association
  • The Clearing House Association
  •  

          The Biotechnology Industry Organization (BIO), indicated as in favor of patent reform, is comprised of hundreds of bio and pharma companies, organizations, universities, and governmental agencies, including over 60 based in or operating in Maryland.



 

Litigation Update: August 2010 District Court Filings

     The following cases are reported as being filed in the U.S. District Court for the District of Maryland in August 2010 (source: Justia.com; PACER):

  • Patent docket:
    • Eon Corp. IP Holdings, LLC v. Verizon clinton Center Drive Corp. (filed Aug. 23, 2010)
    • Cathode Lighting Systems, Inc. v. Feelux Lighting, Inc. and Feelux Lighting Co., Ltd. (filed Aug. 4, 2010)

     
  • Trademark docket:
    • RE/MAX, LLC v. Jeff Underwood and Uncommon Homes, LLC (filed Aug. 26, 2010)
    • SRT-MD, LLC v. Brandon Walton, b2uhost.com and b2u Productions (filed Aug. 24, 2010)
    • Ourisman Hyundai of Bowie, Inc. v. Ashanti Shackleford (filed Aug. 16, 2010)
    • Chattery International, Inc. and Shanghai Shenda Sound Electronic Co. Ltd. v. Jolida, Inc. (filed Aug. 13, 2010)
    • Coach, Inc. and Coach Services, Inc. v. Maytalk, Ltd. and Does 1 through 100 (filed Aug. 9, 2010)
    • Coach, Inc. and Coach Services, Inc. v. Hot Topik (filed Aug. 9, 2010)
    • Coach, Inc. and Coach Services, Inc. v. The Fashion Shop (filed Aug. 9, 2010)
    • Coach, Inc. and Coach Services, Inc. v. Ocean Waves and Sunset Beachwear (filed Aug. 9, 2010)
    • Coach, Inc. and Coach Services, Inc. v. Ocean Reef (filed Aug. 9, 2010)
    • Coach, Inc. and Coach Services, Inc. v. Oceanfashion Boutique, New York New York and Jewel of the Ocean (filed Aug. 9. 2010)
    • Coach, Inc. and Coach Services, Inc. v. Beachbreak (filed Aug. 9, 2010)
    • Coach, Inc. and Coach Services, Inc. v. Summer Breeze (filed Aug. 9, 2010)
    • Coach, Inc. and Coach Services, Inc. v. Surf Beachwear (filed Aug. 9. 2010)

For more about these Coach lawsuits against Ocean City businesses, please click here (Washington Examiner).

  • Copyright docket:
    • CoStar Realty Information, Inc. v. Carson Equities (filed Aug. 27, 2010)
    • Broadcast Music, Inc. , Concord Music Group, Inc. , Retribution Music , Sony/ATV Songs LLC , Fall Out Boy Inc. , Songs of Universal Inc. and Face Down Productions LLC v. Vera's White Sands Beach Club, LLC and Lisa Del Ricco (filed Aug. 20, 2010)

Litigation Update: May 2010 District Court Filings

   The following cases are reported as being filed in the U.S. District Court for the District of Maryland in May 2010 (source: Justia.com):

  • Patent dockets:
    • Genzyme Corporation v. Watson Laboratories, Inc., No. 1:2010cv01323 (filed May 24, 2010); this Hatch-Waxman patent infringement lawsuit was brought by Genzyme after Watson sought Food and Drug Administration (FDA) approval to market in the US a generic version of the company's Renvela(R) drug product (sevelamer carbonate).  According to FDA information, Genzyme, based in Cambridge, MA, is the New Drug Applicant for this reference listed drug, which covers oral suspensions and tablet forms.  Renvela is indicated for "phosphate binding," and, according to Genzyme's website, is a "first-line monotherapy for controlling serum phosphorus in patients with Chronic Kidney Disease (CKD) — on dialysis without calcium or metal accumulation."  Genzyme's patent exclusivity reportedly extends until September 16, 2014.  
       
    • MIH International, LLC v. Weber Orthopedic, Inc., No. 8:2010cv01127 (filed May 5, 2010)

     
  • Trademark dockets:
    • Gifford's Dairy, Inc. v. Gifford's Holdings, LLC, Gifford's Ice Cream & Candy Company, Inc., and Deal Metrics, LLC., No. 1:2010cv01294 (filed May 20, 2010); Gifford's Ice Cream & Candy Co., based in Silver Spring, MD, calls itself Washington, DC's oldest ice cream company (with retail stores in Baltimore, Bethesda, Chevy Chase, and Rockville, MD, and downtown DC).  Gifford's Dairy, based in Skowhegan, ME, is the owner of the registered trademarks GIFFORD'S and GIFFORD'S ICE CREAM FAMILY OWNED THE ICE CREAM STAND ICE CREAM

  • Copyright dockets:
    • Advanced Education Systems, LLC d/b/a TrainingPro v. MTI Services Corporation d/b/a Mortgage Training Institute, No. 1:2010cv01253 (filed May 18, 2010)

United States lags behind Germany and France in International Trademark Applications

     In 2007, the World Intellectual Property Organization (WIPO) saw almost 40,000 trademark applications, a 9.5% increase from 2006. This included an 18.8% increase in filings from U.S. applicants. Nevertheless, according to United Nations trademark agency statistics, the U.S. ranks third behind Germany and France in the filing of international trademark applications. Alain Lapter, a trademark attorney at Blank Rome, surmises that one reason the U.S. lags behind is that it remains the largest consumer economy in the world, and U.S. trademark holders may be content with spending their resources building their brands at home rather than seeking protection overseas. In contrast, although Germany is a considerable economy, German business owners may have a greater desire to seek protection in other countries within the European Union where geographic proximity and the free movement of goods and services under the First Pillar of the European Community may be incentives to filing international applications.