SCOTUS denies evaluation of IP circumstances involving Biogen, Illumina, Nintendo

  • Biogen loses bid for evaluation of MS drug patent determination
  • Nintendo’s escape from $10 million patent verdict stands
  • High courtroom will not revive dispute over ‘Naked’ trademark problem

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(Reuters) – The U.S. Supreme Court rejected a number of mental property-related petitions on Monday, together with the next:

Biogen MA Inc v. EMD Serono Inc

The excessive courtroom denied a Biogen Inc petition difficult a ruling from the U.S. Court of Appeals for the Federal Circuit that its patent protecting a a number of sclerosis remedy was invalid based mostly on prior artwork. The Federal Circuit determination reinstated a jury verdict for Merck KGaA subsidiary EMD Serono Inc and Pfizer Inc, whose MS drug Rebif was accused of infringing the patent.

Case No. 20-1604. For Biogen: Jeffrey Lamken of MoloLamken; and Nicholas Groombridge of Paul, Weiss, Rifkind, Wharton & Garrison. For Pfizer and Serono: Mark Perry of Gibson, Dunn & Crutcher.

Naked TM LLC v. Australian Therapeutic Supplies

The Supreme Court additionally will not take up a problem to a two-to-one Federal Circuit determination permitting an Australian condom firm to problem a U.S. competitor’s federal trademark registration for the model identify “Naked” on the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board.

Case No. 20-1552. For Naked: Dennis Derrick, Suzanne Meehle of Meehle & Jay P.A. ATS did not seem within the Supreme Court case.

iLife Technologies Inc v. Nintendo of America Inc

The excessive courtroom additionally let stand a Federal Circuit determination for Nintendo permitting it to flee a $10 million jury verdict for allegedly infringing a motion-detection patent owned by iLife Technologies Inc. The Federal Circuit had affirmed a Texas federal courtroom determination that the patent was directed to a patent-ineligible summary thought.

Case No. 20-1760. For iLife: Michael Wilson of Munck Wilson Mandala. For Nintendo: Kathleen Hartnett of Cooley

Zirvi v. Flatley

The courtroom will not hear a problem to a ruling by the 2nd U.S. Circuit Court of Appeals that allowed Illumina Inc and others to flee claims introduced by genetics researchers who mentioned they misappropriated their commerce secrets and techniques, discovering the researchers waited too lengthy to sue.

Case No. 20-1612. For the researchers: Eric Jaso of Spiro Harrison. For Illumina: Jay Alexander of Covington & Burling.

Marano v. Metropolitan Museum of Art

The excessive courtroom additionally will not hear an enchantment of a 2nd Circuit ruling that New York’s Metropolitan Museum of Art made truthful use of photographer Lawrence Marano’s image of Eddie Van Halen enjoying his well-known “Frankenstein” guitar in an exhibition on its web site.

Case No. 21-6. For Marano: James Freeman of the Liebowitz Law Firm. For the Met: Linda Steinman of Davis Wright Tremaine.

Read extra:

Merck, Pfizer prevail in patent battle with Biogen over a number of sclerosis drug

Fed Circuit clarifies TTAB standing in ‘Naked’ condom dispute

Nintendo beats bid to revive $10 mln patent-infringement verdict – Fed. Circuit

Blake Brittain

Blake Brittain studies on mental property legislation, together with patents, emblems, copyrights and commerce secrets and techniques. Reach him at

A sign marks a Biogen facility in Cambridge, Massachusetts. REUTERS/Brian Snyder