Tag: LAW

Legal

CPA Global Acquires Leading Patent Services Provider Landon IP

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ST HELIER, Jersey, Aug. 19, 2014 /PRNewswire/ —

Further strengthens search and analytics capabilities to meet increasing demand from clients around the world 

CPA Global, the world’s leading specialist in intellectual property (IP) software and services, today announced the acquisition of international patent services provider Landon IP for an undisclosed amount. The acquisition further strengthens CPA Global’s patent search and analytics capabilities, while providing Landon IP with access to a larger worldwide network.

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Landon IP is headquartered in Alexandria, Virginia, close to CPA Global’s US headquarters and the US Patent and Trademark Office (USPTO). It also has offices in Detroit, Michigan, as well as internationally, in London, Shanghai and New Delhi. Landon IP was previously wholly owned by the Company’s Chief Executive Officer, David Hunt, and other Hunt family interests. Hunt and fellow members of Landon IP’s management team will continue in their current roles.

The primary services that Landon IP offers are:

  • Patent search 
    Patent searches for corporates, law firms, universities, and inventors to provide them with a more informed view on such issues as patentability, infringement, freedom to operate, state of the art and validity.
  • Patent Cooperation Treaty (PCT)search    
    Execution of Chapter I PCT International Search Reports under long-term contract to the USPTO.
  • Patent analytics  
    Complex patent analysis – including patent landscape studies, patent mapping and portfolio reviews – to support decision-making around patent strategy, research and development, patent valuations, and licensing or sale of patents.
  • Intellectual Property information retrieval and legal support  
    Professional information retrieval, IP data collection searches and monitoring, and dissemination of worldwide value-added patent file histories through its proprietary Patent Workbench® tool.
  • Patent law education  
    Introductory and advanced patent law courses and educational programmes for patent professionals through its Patent Resources Group subsidiary.

Following the acquisition, Landon IP will operate as a standalone entity and will continue to serve clients in the same manner as previously. CPA Global’s management teams will work with Hunt and his team to expand Landon IP’s geographic reach and help promote the Company’s specialist skills to a broader range of clients worldwide.

CPA Global’s Chief Executive Officer, Tim Griffiths, said: “As companies across the world increasingly seek to align the management of their Intellectual Property assets with their broader business objectives, we are seeing greater demand for patent search and analytics services to help inform strategic decision-making. Landon IP is a leader in this area and we are delighted to be working with them to deliver world-class patent services.”

Commented Hunt: “Under CPA Global’s ownership, Landon IP looks forward to accelerating our growth ambitions, while continuing to provide clients with the same exceptionally high quality of service they have come to expect from us.”

About CPA Global  

CPA Global is the world’s leading intellectual property (IP) management and IP software specialist, and an international provider of outsourced legal services. With offices across Europe, the United States and Asia Pacific, CPA Global supports many of the world’s best known corporations and law firms with a range of IP and broader legal services, helping them to manage risk, cost and capacity, and realise greater value for their businesses and IP assets.

CPA Global helps corporates and law firms in managing valuable IP Rights, such as patents, designs and trademarks, ensuring that IP portfolios are protected, maintained and regularly reviewed in order to maximise value. Working closely with its clients, CPA Global ensures they have the best information on which to base IP decisions, and the best support in terms of helping implement those decisions.

Services include the development and implementation of IP software management solutions; patent portfolio optimisation; patent search and analytics; patent and trademark renewals; as well as other IP support services such as docketing, trademark watching and domains management. CPA Global is also a leading player in the outsourced legal services sector, providing high quality and cost-efficient legal support services such as transaction support, contract management, anti-bribery and compliance, and legal research through global delivery centres in the US, Europe and India.

Founded in Jersey, Channel Islands in 1969, CPA Global today employs more than 1,800 people, serving clients’ needs in 200 jurisdictions through its own offices and an extensive agent network. CPA Global’s diverse client list ranges from major global corporations, headquartered in Europe, North America and Asia Pacific, to small and medium-sized enterprises and innovation start-ups; and from top international law firms to national and regional law and IP firms. For further information, please visit: http://www.cpaglobal.com.

About Landon IP 

Landon IP is a leading global provider of professional support services throughout the IP lifecycle. Services include patent and trademark searching; non-patent literature searching; in-depth technical analysis; and global information retrieval. The Company is headquartered in Alexandria, Virginia, near the offices of the US Patent and Trademark Office (USPTO), with other offices in Detroit, Michigan, the UK (London), China (Shanghai) and India (New Delhi).

In 2006, Landon IP was awarded a contract to conduct PCT patent searches for the USPTO in the fields of mechanical engineering, life sciences, physical sciences, and electrical communications. Landon IP’s relationship with the USPTO was extended and expanded in 2012 with the award of a new contract to perform PCT searches across all of the USPTO’s technology areas.

The Company that is today Landon IP traces its history back to 1949 when a predecessor to the present company was founded in the US. For further information, please visit: http://www.landon-ip.com

Legal

Statement of Daniel A. Pollack, Special Master in Argentina Debt Litigation

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NEW YORK, Aug. 9, 2014 /PRNewswire/ — Daniel A. Pollack, Special Master appointed by Judge Thomas P. Griesa to conduct and preside over settlement negotiations in the Argentina Debt Litigation, today issued the following statement:

“Pursuant to the direction of the Court, I have continued to work to find a solution to the issues that divide the parties.  As I have indicated, it is my intention to convene and conduct further negotiations until a solution is reached, however long that may take.”

Mr. Pollack said he would have no further comment at this time.

Legal

Daniel A. Pollack, Special Master in Argentina Debt Litigation, Issues the Following Statement

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NEW YORK, July 31, 2014 /PRNewswire/ — Daniel A. Pollack, the Special Master appointed by Judge Thomas P. Griesa to conduct and preside over settlement negotiations between the Republic of Argentina and its Bondholders, issued the following Statement today:

“This morning and this afternoon, representatives of the Republic of Argentina, led by Minister of the Economy, Axel Kicillof, and representatives of its large bondholders held further face-to-face meetings in my office and in my presence. Unfortunately, no agreement was reached and the Republic of Argentina will imminently be in Default. Today, July 30, was the last day of the grace period for the Republic of Argentina to pay many hundreds of millions of dollars of interest to its “exchange” bondholders, i.e. those who took bonds in 2005 and 2010 in exchange for the bonds they held following the Default of 2001. In order to make that payment of interest, however, the Republic of Argentina was also required, simultaneously, to make a “ratable” payment to the bondholders who declined to accept the exchanges of 2005 and 2010, i.e. the “holdouts”. The Republic of Argentina did not meet those conditions and, as a result, will be in Default. Notwithstanding any claim to the contrary, Default is not a mere “technical” condition, but rather a real and painful event that will hurt real people: these include all ordinary Argentine citizens, the exchange bondholders (who will not receive their interest ) and the holdouts ( who will not receive payment of the judgments they obtained in Court). The full consequences of Default are not predictable, but they certainly are not positive. This case has been highly publicized and highly politicized for many weeks. What has been perfectly clear to me all along, however, in my capacity as the neutral Special Master, is that the laws of the United States must be obeyed by all parties. The courts of the United States (both the United States District Court and the United States Court of Appeals), after full briefings and hearings, ruled that the Republic of Argentina could not lawfully make the interest payments to the exchange bondholders unless it simultaneously made the payments due the holdouts. I have worked relentlessly, over a five-week period, to bring the Republic of Argentina and its bondholders together in an agreement that would allow the June 30 interest payment of many hundreds of millions of dollars to be made, and to be made lawfully, thereby avoiding Default. It is not my role or intent to find fault with either side. I will continue to be available to the parties to aid them in reaching a resolution which they must reach in the interests of all concerned. Default cannot be allowed to lapse into a permanent condition or the Republic of Argentina and the bondholders, both exchange and holdouts, will suffer increasingly grievous harm, and the ordinary Argentine citizen will be the real and ultimate victim.”

Legal

Milliken & Company Escalates Patent Enforcement against Guangzhou Tongbo

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SHANGHAI, July 29, 2014 /PRNewswire/ — Milliken & Company escalated its patent protection efforts in China by asking Guangzhou Municipal Intellectual Property (IP) to investigate Guangzhou Tongbo Telecom Equipment Co., Ltd.

Together with other local authorities, the Guangzhou Intellectual Property Bureau completed an inspection against Guangzhou Tongbo Telecom Equipment Co., Ltd. on May 6, 2014.  It was found that Guangzhou Tongbo manufactured fabric innerducts. As Milliken has patents concerning related fabric innerducts, the enforcement authorities seized the accused fabric innerducts during the inspection proceedings.

“The action led by the IP Bureau showed China is committed to enforcing intellectual property, and therefore encouraging innovation,” stated Jim Porterfield, Global Market Director at Milliken & Company, “Each action that helps protect our intellectual property in China ensures our customers and partners can continue to benefit from Milliken’s infrastructure solutions.”

About Milliken

Milliken is an innovation company that has been exploring, discovering, and creating ways to enhance people’s lives since 1865.  Our community of innovators has developed one of the largest collections of patents held by a private company. With expertise across a breadth of disciplines including specialty chemical, floor covering, and performance materials, we work around the world every day to add true value to people’s lives, improve health and safety, and make this world more sustainable. For more information, visit www.milliken.com.

Legal

ResMed Receives Permanent Injunction against APEX in Germany, Continues Enforcement of Patents in Europe

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— Trial court awards permanent injunction, damages and costs against APEX

MUNICH, July 28, 2014 /PRNewswire/ — ResMed (NYSE: RMD), an innovator and pioneer in developing products for the treatment of sleep-disordered breathing and other chronic respiratory conditions, has won a permanent injunction in Germany against Taiwanese medical device manufacturer APEX Medical Corp. (APEX), prohibiting sales of infringing headgear used on APEX WiZARD 210 and 220 masks. The judgment was entered by the Regional District Court in Munich, is appealable, and applies throughout Germany.

The permanent injunction continues a preliminary injunction that was entered by the same court on Nov. 12, 2013. The court rejected APEX’s request to stay the injunction and its challenge to the validity of ResMed’s patent. The judgment also requires APEX to forfeit its inventory of infringing products, to report on its sales of the infringing products, and to pay damages to ResMed.

ResMed has also filed separate patent infringement lawsuits in the same court seeking damages and permanent injunctions to stop infringement of other ResMed patents. The trials of those cases will occur in the fall of 2014. The additional accused products are:

  • The APEX iCH and XT Fit CPAP devices
  • The APEX WiZARD 210 and WiZARD 220 masks

“ResMed has a global business built on its investment in research and developments, resulting in products sold worldwide that excel in performance, quality and comfort,” said David Pendarvis, ResMed global general counsel and chief administrative officer. “We will continue to defend our investment in intellectual property and pursue all legal remedies to prevent infringement in any country where that infringement exists.”

About ResMed:

ResMed changes lives by developing, manufacturing and distributing medical equipment for treating, diagnosing, and managing sleep-disordered breathing, COPD, and other chronic diseases. We develop innovative products and solutions to improve the health and quality of life of those who suffer from these conditions, and we work to raise awareness of the potentially serious health consequences of untreated sleep-disordered breathing. For more information on ResMed, visit www.resmed.com.

Contacts:
For News Media

For Investors

Gretchen Griswold

Agnes Lee

Director, Global Corporate Communications

Senior Director, Investor Relations

O: +1-858-836-6789

O: +1-858-836-5971

news@resmed.com

investorrelations@resmed.com

 

Legal

Occlutech Wins Invalidation of St Jude Patent

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JENA, Germany, July 23, 2014 /PRNewswire/ — Occlutech, a leading European developer of minimally invasive implants for therapy in structural heart disease, today announced that it has successfully obtained a ruling by the U.K. Patents Court in the High Court of Justice in London, that invalidates AGA/St Jude’s patent -EP0957773B1 in the UK.

This decision is similar in effect to a decision obtained by the Opposition Division of the European Patent Office, (EPO), in Munich for the same patent already in December 2013. The EPO decision revoked the patent in its entirety as it extended beyond the application as filed and the UK ruling states that the patent is invalid due to public prior use of devices supplied by the inventors before the priority date of the patent. Both rulings are subject to appeal by AGA/St Jude.  

AGA/St Jude started litigation against Occlutech for infringing the 0957773 patent in the UK and in Germany already in 2011. While the U.K. court continued proceedings towards the present judgment, the German district court in Düsseldorf chose to stay proceedings until the EPO having taken a final decision on the validity/invalidity of the patent.

Occlutech’s CEO Tor Peters says, “Obviously, we are very happy to, again, get confirmation that we are not infringing any issued and valid patent held by our competitor. Our aim is to develop superior, patented, life-saving implants that make a difference to physicians and patients and we look forward to move this process forward.”

Occlutech has a manufacturing plant in Germany as well as R&D facilities in Sweden and Turkey. Implants such as ASD, PFO and PDA occluders as well as a large range of accessories from Occlutech are available in more than 80 countries.

Legal

Apex Medical’s Respiratory Therapy Product Receives Affirmation from USITC

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TAIPEI, July 21, 2014 /PRNewswire/ — Apex Medical Corporation (Apex, TWSE: 4106), a leading player in the Respiratory Therapy and Pressure Area Care sectors, announces that the United States International Trade Commission (USITC) has issued a final advisory opinion, determining that Apex’s newly designed XT series continuous positive airway pressure (CPAP) water tank and Wizard 220 mask are free from the patent claims asserted by ResMed, one of Apex’s major competitors. Apex further declares its plan of introducing an upgraded iCH water tank to the market in October 2014.

In September 2013 Apex requested the USITC to declare that Apex’s newly designed sleep-disorder breathing treatment products are not covered by the claims of seven ResMed patents that were raised in an earlier Section 337 investigation. On July 18, 2014, the USITC issued the final opinion in response to the parties’ appeals on the initial opinion of the Administrative Law Judge (ALJ) issued one month earlier.

In the final and non-appealable opinion, the USITC upheld the ALJ’s ruling on the new mask design, confirming that the mask design is clear of ResMed’s asserted claims. Significantly, the USITC overruled the ALJ’s negative finding regarding the newly designed XT series water tank; the USITC determined that the new XT series CPAP water tank is free from ResMed’s patent assertions. The USITC affirmed ALJ’s finding that the petitioned water tank design for iCH series CPAP is covered by a single claim of one ResMed patent. 

Meanwhile, the United States Patent and Trademark Office (USPTO) is reviewing the validity of five ResMed’s patents, including the claim relevant to the iCH series water tank, through a procedure named inter partes review. The USPTO is expected to render its decisions by early 2015.

“The USITC’s decision confirms our masks and XT series are clear of ResMed’s interference with patents. The demand of our products remains strong,” said Apex’s CEO, Daniel Lee. “The decision is a significant approval for our products and R&D.  We deem it a victory for our customers as well as people suffering from sleep apneas,” Daniel said.

The company stresses its goal of serving patients suffering from sleeping disorders with quality, effective as well as cost-saving CPAP products, and affirms its devotion to innovation and its commitment to the customers.

Legal

BMC to Actively Defend against Curative in Patent Fight

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BEIJING, July 18, 2014 /PRNewswire/ — On June 24th, 2014, BMC Medical Co., Ltd. (hereinafter referred to as “BMC”) received a complaint submitted to the Suzhou Intermediate People’s Court by Curative Medical Technology (Suzhou) Inc. (hereinafter referred to as “Curative”). Curative accused BMC of violating its patent ZL200610080596.6. (sound-absorbing mechanism and the Positive Airway Pressure device that adopts this mechanism).

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After receiving the complaint, BMC took active measures to deal with Curative’s lawsuit and consulted YUHONG Intellectual Property Law Firm (hereinafter referred to as “YUHONG”) on the patent in dispute. After carrying out comprehensive research and analysis, YUHONG concludes that the stability of the patent right of No. ZL200610080596.6 has serious problems. According to Article 47 of the Patent Law of the PRC, “any patent right that has been declared invalid shall be deemed to be non-existent from the beginning.” At present, the Chinese Patent Re-examination Board has accepted BMC’s invalidity application against the patent at issue. Meanwhile, BMC has hired a professional team of patent lawyers to respond to, and cope with, this lawsuit so as to protect the company’s legitimate rights.

As China’s leading provider of home-use sleep therapy devices and services, BMC adheres to the mission of efficient product research and development as well as constant technology innovation, quality improvement, and cost reduction. It now possesses a large number of independently developed intellectual property rights, and its products have been sold to more than 80 countries across the world. BMC aims to become the world’s leader of home-use sleep therapy devices and services. For more information about BMC, please visit http://www.bmc-medical.com.