EIN Presswire: Patents & Trademarks Press Releases

Mylan Announces Settlement Agreement in Patent Infringement Litigation Relating to Sunovion's Brovana® Product

Thu, 24 May 2012 21:33:56 +0000

Mylan Announces Settlement Agreement in Patent Infringement Litigation Relating to Sunovion's Brovana® Product

PR Newswire

PITTSBURGH, May 24, 2012 /PRNewswire/ -- Mylan Inc. (Nasdaq: MYL) today announced that Mylan Specialty L.P., f/k/a Dey Pharma, L.P., has entered into an agreement with Sunovion Pharmaceuticals Inc., f/k/a Sepracor Inc., to resolve the parties' patent litigation relating to Sunovion's Brovana® product.

The U.S. District Court for the Southern District of New York's Final Judgment and Order notes that the parties have entered into a settlement and license agreement and that Sunovion has acknowledged that two Mylan patents are valid, enforceable and infringed by Sunovion's Brovana® product. These patents expire on June 22, 2021. The terms of the parties' agreement are confidential.

Mylan CEO Heather Bresch commented, "We are pleased with this settlement and remain confident in the intellectual property protecting Perforomist®, as well as our combination product for the treatment of Chronic Obstructive Pulmonary Disease (COPD), currently in development. We believe this settlement and judgment by the Court further strengthen the potential of our Specialty franchise and its portfolio of products."

Mylan intends to appeal the judgment concerning other Mylan patents that were litigated.

This press release includes statements that constitute "forward-looking statements," including with regard to the settlement of the litigation. These statements are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Because such statements inherently involve risks and uncertainties, actual future results may differ materially from those expressed or implied by such forward-looking statements. Factors that could cause or contribute to such differences include, but are not limited to: any legal or regulatory challenges to the settlement; strategies by competitors or other third parties to delay or prevent product sales; risks inherent in legal and regulatory processes; and the other risks detailed in the company's periodic filings with the Securities and Exchange Commission. The company undertakes no obligation to update these statements for revisions or changes after the date of this release.

Mylan is a global pharmaceutical company committed to setting new standards in health care. Working together around the world to provide 7 billion people access to high quality medicine, we innovate to satisfy unmet needs; make reliability and service a habit, do what's right, not what's easy and impact the future through passionate global leadership. We offer a growing portfolio of more than 1,100 generic pharmaceuticals and several brand medications. In addition, we offer a wide range of antiretroviral therapies, upon which approximately one-third of HIV/AIDS patients in developing countries depend. We also operate one of the largest active pharmaceutical ingredient manufacturers and currently market products in approximately 150 countries and territories. Our workforce of more than 18,000 people is dedicated to improving the customer experience and increasing pharmaceutical access to consumers around the world. But don't take our word for it. See for yourself. See inside. mylan.com

SOURCE Mylan Inc.

Basis Counters BodyMedia's Allegations and Asserts BodyMedia's Patents Are Invalid

Thu, 24 May 2012 18:56:53 +0000

Basis Counters BodyMedia's Allegations and Asserts BodyMedia's Patents Are Invalid

Basis Files Answer and Counterclaims to BodyMedia Complaint

PR Newswire

SAN FRANCISCO, May 24, 2012 /PRNewswire/ -- BASIS Science, Inc. (www.mybasis.com) today countered claims of patent infringement by BodyMedia and asserted its belief that BodyMedia's patents are invalid. In an Answer and Counterclaims filed today in the U.S. District Court for the District of Delaware, Basis denies infringement and validity of all six patents referenced in a BodyMedia complaint filed in that court on February 2, 2012.

"We believe these allegations are baseless," said Jef Holove, CEO, Basis. "We haven't launched the Basis band yet so BodyMedia has no firsthand knowledge on which to base their claims. This appears to be a reaction to our market potential and an attempt to hinder our launch."

"Smart, connected health tools are only now starting to reach beyond fitness and data enthusiasts. Undermining and suffocating better ideas simply works against the greater good of improving the lives of millions," said Holove

As stated in today's counterclaims Basis believes that BodyMedia's patent claims are invalid, given the extensive prior products, patents and publications, that were not considered by the patent office. Below is an excerpt from the Basis Answer and Counterclaims providing context to Basis' response. The complete filing is on record with the U.S. District Court for the District of Delaware or available by request from Basis.

Excerpt

135. Basis is in the final stages of designing and developing the Basis B1 Band, and Basis has yet to launch or release any completed product for sale to the public.

136. On information and belief, BodyMedia personnel witnessed a demonstration of a prototype of the Basis B1 Band at the Consumer Electronics Show in Las Vegas, Nevada in mid-January 2012 and observed the positive reaction to and interest in the innovative Basis concept and design.

137. BodyMedia filed this lawsuit roughly three weeks after attending the Consumer Electronics Show with full knowledge that the Basis B1 Band was still in the development and had not yet been launched or released for sale to the public.

138. BodyMedia waited over three months to serve its complaint on Basis.

139. On information and belief, the purpose of BodyMedia's suit was so it could issue a press release about the lawsuit—"BodyMedia Files Patent Infringement Suit Against Basis Science"—on the same day it was filed, February 2, 2012, in an attempt to counter the significant buzz surrounding Basis and its prototype design.

140. BodyMedia's patent infringement claims are based on erroneous assumptions about the Basis B1 Band and its inter-workings.

141. Furthermore, in its February 2012 press release, BodyMedia touts its decade long development and patent portfolio, but fails to mention the plethora of pre-existing products, patents and publications that the inventors did not disclose and were not before the U.S.P.T.O. during the examination of those patents.

About Basis:

BASIS Science, Inc. believes it is easier to get and stay healthy when wellness is fun, social and informative. To put this within everyone's reach, the company invented the Basis Band – the world's first connected health tracker wearable on the wrist. Convenient and customizable, the multi-sensor Basis B1 band collects data like heart rate, calories burned, physical activity and sleep patterns. It links to your personal dashboard where you can easily view performance, share data, earn rewards, and engage with the Basis community. Basis Science, Inc. is backed by Norwest Venture Partners and Doll Capital Management. For more information visit: www.mybasis.com.

BASIS is a trademark of Basis Science, Inc. in the United States and other countries.

SOURCE BASIS Science, Inc.

Cybercrime, Forensics are Focus of ABA Conference

Thu, 24 May 2012 11:12:00 +0000

WASHINGTON, D.C., May 24, 2012 — Pattern evidence, including fingerprints and bite marks, new law-enforcement efforts to develop local DNA databases, and cybercrime are among the issues that will be addressed at the Third Annual “Prescription for Criminal Justice Forensics” conference hosted by the American Bar Association Criminal Justice Section and the Louis Stein Center for Law and Ethics on June 1 at the Fordham University School of Law in New York.

Barry Scheck, professor of law and co-director of the Innocence Project at Benjamin N. Cardozo School of Law in New York, will speak during the luncheon panel, “Eyewitness Testimony,” at 11:45 a.m.

Other highlights include:

“Revisiting the NAS Report Three Years Later and Assessing the Role of Advisory Boards” —Experts will discuss the state of forensics in light of criticisms in the National Academy of Sciences report. Forensic issues that have resulted in attempts to restrict or exclude the testimony of forensic experts and New York’s experience with the use of forensic advisory boards and commissions will be explored.
8:45 – 10 a.m.

“Pattern Evidence: Fingerprints, Firearms and Bite Marks” — Panelists will examine issues raised regarding several types of pattern evidence, such as fingerprints, bite marks and firearms, that have been the focus of defense challenges by courts and the forensic community.
10:15 – 11:45 a.m.

“Peering into the Abyss: The Intersection of Technology, Identify Theft and the Harsh

Penalties That Apply” — Victims and targets of cybercrimes have a wide variety of forensic, technological and legal tools at their disposal. This panel will use case scenarios of recent cyberattacks to survey techniques criminals use and the weaknesses they exploit; identify criminal and traditional civil statutes that prosecutors and private victims can use to debilitate organized cybercriminals; and recommend best practices for enlisting the support of prosecutors.
4 – 5:15 p.m.

A complete agenda and updated list of speakers can be found online.

For media credentialing, please contact Rabiah Burks at Rabiah.Burks@Americanbar.org. This event is free and open to members of the press.

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

– 30 –

Auxilium Pharmaceuticals, Inc. and FCB I LLC File Lawsuit Against Watson for Infringement of Testim® Patents

Thu, 24 May 2012 11:00:00 +0000

Auxilium Pharmaceuticals, Inc. and FCB I LLC File Lawsuit Against Watson for Infringement of Testim® Patents

PR Newswire

MALVERN, Pa., and WILMINGTON, Del., May 24, 2012 /PRNewswire/ -- Auxilium Pharmaceuticals, Inc. (NASDAQ: AUXL) ("Auxilium") and FCB I LLC ("FCB") announced today that they filed a lawsuit against Watson Laboratories, Inc. (NV); Watson Pharmaceuticals, Inc.; and Watson Pharma, Inc. (collectively, "Watson") for infringement of FCB's ten patents listed in the U.S. Food and Drug Administration's ("FDA's") Approved Drug Products with Therapeutic Equivalence Evaluations (commonly known as the "Orange Book") as covering Testim^® 1% testosterone gel. The lawsuit was filed in the United States District Court for the District of New Jersey on May 23, 2012.

(Logo: http://photos.prnewswire.com/prnh/20101202/MM10881LOGO)

Auxilium and FCB filed this lawsuit in response to a notice letter sent by Watson Laboratories, Inc. (NV) regarding its filing with the FDA of Abbreviated New Drug Application ("ANDA") No. 09‑1073 for a generic 1% testosterone gel product. This letter also stated that ANDA No. 09‑1073 contained Paragraph IV certifications, under 21 U.S.C. Section 355(j) of the Federal Food, Drug, and Cosmetic Act, with respect to the nine patents listed in the Orange Book on that date as covering Testim^®: U.S. Patent Nos. 7,320,968; 7,608,605; 7,608,606; 7,608,607; 7,608,608; 7,608,609; 7,608,610; 7,935,690; and 8,063,029. On May 15, 2012, a new composition patent covering Testim(U.S. Patent No. 8,178,518) issued. This patent is now also listed in the Orange Book and was included in the patent infringement lawsuit filed against Watson. In total, ten Testim patents are now listed in the Orange Book and are expected to expire on various dates ranging from April 21, 2023 through January 18, 2025. Auxilium and FCB remain committed to protecting their intellectual property rights, including their patent protection for Testim.

Under the Hatch-Waxman Act, as a result of the patent infringement lawsuit filed against Watson, final FDA approval of Watson's ANDA for its proposed generic version of Testim will be stayed until at least the earlier of 30 months from the date Watson's notice letter was received (i.e., October 13, 2014) or final resolution of the pending patent infringement lawsuit. Should Watson receive tentative approval from the FDA for its generic version of Testim before one of those events occurs, it would not be permitted to launch its generic product in the U.S. Watson will also not be able to launch a generic version of Testim in the U.S. until it receives the necessary final approval of its ANDA from the FDA, which includes proving to the FDA that Watson's proposed generic product is comparable to Testim in dosage form, strength, route of administration, quality, performance characteristics, and intended use.

About Auxilium

Auxilium Pharmaceuticals, Inc. is a specialty biopharmaceutical company with a focus on developing and marketing products to predominantly specialist audiences. Auxilium markets Testim^® 1% (testosterone gel) for the topical treatment of hypogonadism in the U.S. and XIAFLEX^® (collagenase clostridium histolyticum) for the treatment of adult Dupuytren's contracture patients with a palpable cord. GlaxoSmithKline LLC is expected to co-promote Testim with Auxilium in the U.S. beginning in the third quarter of 2012. Ferring International Center S.A. markets Testim in certain countries of the EU and Paladin Labs Inc. markets Testim in Canada. Pfizer has marketing rights for XIAPEX^® (the EU tradename for collagenase clostridium histolyticum) in 46 countries in Eurasia; Asahi Kasei Pharma Corporation has development and commercial rights for XIAFLEX in Japan; and Actelion Pharmaceuticals Ltd has development and commercial rights for XIAFLEX in Canada, Australia, Brazil and Mexico. Auxilium has three projects in clinical development. XIAFLEX is in phase III of development for the treatment of Peyronie's disease, phase IIa of development for the treatment of Frozen Shoulder syndrome (Adhesive Capsulitis) and phase Ib of development for the treatment of cellulite (edematous fibrosclerotic panniculopathy). Auxilium also has rights to pursue additional indications for XIAFLEX. For additional information, visit http://www.auxilium.com.

About FCB

FCB I LLC is an indirect, majority-owned subsidiary of Xstelos Holdings, Inc. (OTC Pink Sheets: XTLS.PK).

AUXILIUM SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995

This news release contains forward-looking statements as defined by the Private Securities Litigation Reform Act of 1995, which discuss matters that are not facts, and may include words to indicate their uncertain nature such as "believe," "expect," anticipate," "intend," "plan," "should," "could," "estimate," "project," "will," and "target." Our forward-looking statements convey management's expectations, beliefs, plans and objectives regarding future performance of Auxilium and are based upon preliminary information and management assumptions. No specific assurances can be given with respect to: whether Auxilium will succeed in its efforts in defense of the patents covering Testim, including enforcement of its intellectual property rights and approved labeling, whether Watson will be subject to a 30-month stay of its efforts to launch a generic competitor to Testim, the timing of any such launch by Watson or the expected duration of any patent covering Testim. While the Company may elect to update the forward-looking statements made in this news release in the future, the Company specifically disclaims any obligation to do so. Such forward-looking statements are subject to a wide range of risks and uncertainties that could cause results to differ in material respects, including those relating to product development, revenue, expense and earnings expectations, intellectual property rights, results and timing of clinical trials, success of marketing efforts, the need for additional research and testing, and the timing and content of decisions made by regulatory authorities, including the U.S. Food and Drug Administration, and those risks discussed in our reports on file with the Securities and Exchange Commission (the "SEC"). Our SEC filings may be accessed electronically by means of the SEC's home page on the Internet at http://www.sec.gov or by means of the Company's home page on the Internet at http://www.auxilium.com under the heading "For Investors - SEC Filings." There may be additional risks that the Company does not presently know or that the Company currently believes are immaterial which could also cause actual results to differ from those contained in the forward-looking statements.

FCB SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995

This news release contains forward-looking statements as defined by the Private Securities Litigation Reform Act of 1995. These forward-looking statements are based on FCB's parent companies' current estimates and assumptions and, as such, involve uncertainty and risk. Forward-looking statements include the information concerning FCB and its parent companies' possible or assumed future results of operations and also include those preceded or followed by the words "anticipates," "believes," "could," "estimates," "expects," "intends," "may," "should," "plans," "targets" and/or similar expressions. These statements relate to future events or future financial performance and involve known and unknown risks, uncertainties and other factors that could cause FCB or its parent companies' actual results, levels of activity, performance or achievement to differ materially from those expressed or implied by these forward-looking statements. These risks and uncertainties include, among others, competition from existing products or new products that may emerge, regulatory difficulties relating to products that have already received regulatory approval, potential product liability claims, dependency on third-party manufacturers to supply or manufacture products, ability to establish or maintain collaborations, licensing or other arrangements, Xstelos' ability and third parties' abilities to protect intellectual property rights, limitation on the ability to utilize net operating losses, compliance with obligations under intellectual property licenses with third parties, ability to successfully invest for future growth, and those risks discussed in Xstelos' reports on file with the SEC. The forward-looking statements are not guarantees of future performance, events or circumstances, and actual results may differ materially from those contemplated by these forward-looking statements. For these reasons, one should not place undue reliance on any forward-looking statements. Xstelos' SEC filings may be accessed electronically by means of the SEC's home page on the Internet at http://www.sec.gov.

Auxilium Contacts:
James E. Fickenscher / CFO	William Q. Sargent, Jr. / V.P., IR
Auxilium Pharmaceuticals, Inc.	Auxilium Pharmaceuticals, Inc.
(484) 321-5900	(484) 321-5900
jfickenscher@auxilium.com	wsargent@auxilium.com

FCB Contacts:
Jonathan M. Couchman, President
FCB I LLC
(603) 658-6100 x502

SOURCE Auxilium Pharmaceuticals, Inc.

Greenberg Traurig Expansion Continues in California with the Addition of Bankruptcy and Restructuring Attorney Howard Steinberg

Wed, 23 May 2012 16:56:21 +0000

Greenberg Traurig Expansion Continues in California with the Addition of Bankruptcy and Restructuring Attorney Howard Steinberg

PR Newswire

LOS ANGELES, May 23, 2012 /PRNewswire/ -- Howard Steinberg has joined the international law firm Greenberg Traurig, LLP in the Los Angeles office as a shareholder in the Business Reorganization & Financial Restructurings practice. Steinberg joins from Irell & Manella LLP where he was a partner. He will be collaborating with bankruptcy and financial restructuring attorneys in the firm's Los Angeles office, as well as attorneys throughout the firm.

Steinberg focuses his practice on representing debtors, creditors' committees, trustees, secured and unsecured creditors, and purchasers of assets in major cases involving public and private companies throughout the U.S. He also has broad experience in out-of-court workouts and has served as lead counsel in numerous bankruptcy court trials.

"Howard's experience in leading high-stakes bankruptcy and litigation proceedings significantly enhances the range of capabilities that we can offer clients, both in California and globally," said Matt Gorson, President of Greenberg Traurig. "Whether Howard's work is inside or outside the courtroom, he's known as a trusted advisor, both for clients who are seeking out-of-court workouts or those who have 'bet-the-company' litigation. We are delighted to welcome Howard to the firm."

Steinberg and his team were recently the recipients of the 2012 International Financial Law Review Deal of the Year Award for their representation of RIM in connection with a $4.5 billion patent portfolio purchase in the Nortel bankruptcy. Steinberg is also the author of a three-volume treatise titled "Bankruptcy Litigation."

A frequent lecturer and author on bankruptcy issues, Steinberg served as chair of the California Bankruptcy Litigation Conference. In addition, he has been a panelist at events hosted by the Business Law Section of the American Bar Association, the Business Law Section of the State Bar of California, the Norton Institute, the Association of Insolvency and Restructuring Advisors, Financial Lawyers Conference, Construction Litigation Superconference, Thompson-West Publishing, National Business Institute, Inc. and the Los Angeles Bar Association.

Steinberg is a member of the Los Angeles County Bar Association, Commercial Law and Bankruptcy Sections and a member of the Bankruptcy Committee. He is also a member of the Board of the Western Center on Law and Poverty. He served for 10 years as a contributing editor to the CEB Civil Litigation Reporter. He received his J.D. from the Boston College Law School and his B.A., magna cum laude, from the University of Massachusetts.

Greenberg Traurig's Business Reorganization and Financial Restructuring practice includes more than 80 lawyers who have wide-ranging experience handling highly complex issues that arise in reorganizations, restructurings, workouts, liquidations and distressed acquisitions and sales as well as cross-border proceedings. A portion of the group is focused on high stakes bankruptcy litigation. Steinberg will bring an additional depth of experience to that group of highly-sophisticated litigators.

About Greenberg Traurig, LLP

Greenberg Traurig, LLP is an international, full-service law firm with approximately 1800 attorneys serving clients from 35 offices in the United States, Latin America, Europe, the Middle East and Asia. In the U.S., the firm has more offices than any other among the Top 10 on The National Law Journal's 2012 NLJ 250. For additional information, please visit www.gtlaw.com.

SOURCE Greenberg Traurig, LLP

Fish & Richardson Principal Juanita R. Brooks Named "Top Female Trial Attorney" by Law360

Wed, 23 May 2012 14:47:32 +0000

Fish & Richardson Principal Juanita R. Brooks Named "Top Female Trial Attorney" by Law360

PR Newswire

SAN DIEGO, May 23, 2012 /PRNewswire/ -- Fish & Richardson announced today that Juanita R. Brooks, a principal in the firm's IP Litigation Group, has been named a "Top Female Trial Attorney" by Law360. Brooks was one of only 15 litigators selected from across multiple practice areas "who have scored landmark victories for their clients while blazing trails in a once male-dominated field and showing that the best man for bet-the-company cases can also be a woman."

Brooks has a nationwide trial practice, specializing in complex intellectual property (IP) litigation. She has been first chair on over 140 career trials, and currently manages an average caseload of nearly 30 active patent infringement cases annually. In the past year alone, Brooks has tried eight cases in federal courts across the U.S., a blistering pace in the field of patent litigation, where there are only about 75 trials in the entire U.S. each year and the complexity of the cases means that discovery can take years and trial preparation requires not only teams of lawyers but multiple technical experts.

According to Law360, "Brooks' colleagues attribute her nearly perfect winning percentage to her ability to craft easy-to-follow narratives out of complex technical information, as well as her no-holds-barred cross-examinations." The publication cited Brooks' September 2011 win for client Allergan, Inc. over patents for its blockbuster glaucoma drug Lumigan, in which the Delaware court judge noted that the defendant's expert witness' "credibility was eviscerated on cross-examination." Law360 added that the judge devoted two pages of the opinion to picking apart the testimony of the defendant's expert witness.

"She doesn't get mired in the unnecessary details that can bog down other intellectual property attorneys," said Ronald Castle, Fresenius deputy general counsel for litigation. "Instead, she formulates and focuses on a larger narrative."

Brooks received her J.D. from Yale Law School in 1977 and her B.A. from San Diego State University in 1974.

Fish & Richardson is a global law firm providing strategic counseling and litigation services to innovative clients who seek to protect and maximize the value of their intellectual property (IP). With more than 375 attorneys and technology specialists practicing IP strategy and counseling, IP litigation, and business litigation, Fish is known for its superior technical expertise. Fish has been named top patent litigation firm in the country for eight straight years, a premier IP firm for America's biggest companies, and an elite top tier law practice. For more information, visit www.fr.com or follow @fishrichardson on Twitter.

SOURCE Fish & Richardson

MyPlayCity's Major Step Forward Towards Victory Against Conduit

Wed, 23 May 2012 14:00:00 +0000

MyPlayCity's Major Step Forward Towards Victory Against Conduit

PR Newswire

ALEXANDRIA, Virginia, May 23, 2012 /PRNewswire/ -- In a recent and very strongly worded decision, the United States District Court for Southern District of New York concluded that Conduit Limited (www.conduit.com) violated MyPlayCity, Inc.'s (www.myplaycity.com) trademark rights and engaged in unfair competition with MyPlayCity. The Court further concluded that Conduit unjustly enriched itself at MyPlayCity's expense. The specific amount of damages which Conduit must pay to MyPlayCity because of Conduit's illegal conduct are to be determined by a jury at some point in the future.

Background

MyPlayCity, a leader in the casual game industry, creates, develops and distributes various casual games through websites such as www.myplaycity.com. MyPlayCity spent substantial resources developing its goodwill and acquiring recognition of its federally registered trademark MyPlayCity® in connection with its games and services.

Conduit licenses its online platform to companies such as MyPlayCity which allows companies to create customized toolbars. Customized toolbars can be downloaded and installed by users on their web browsers giving the user quick and easy access to companies' online material. In exchange for licensing its toolbar, Conduit keeps a portion of the revenue that is earned every time a consumer uses the toolbar.

In early 2008, MyPlayCity and Conduit entered into agreements which allowed MyPlayCity to create toolbars bearing MyPlayCity's trademark. The toolbars were available through Conduit's website as well as MyPlayCity's websites and provided access to MyPlayCity's games. Under the agreements, MyPlayCity and Conduit were to share the revenue generated by the toolbars which was promoted under the MyPlayCity® trademark.

Dispute

In early part of 2009, Conduit wished to obtain more favorable terms for its relationship with MyPlayCity. Conduit wanted MyPlayCity to exclusively use Conduit's online platform for creating MyPlayCity-branded toolbars, thereby restricting MyPlayCity's ability to form business relationships with other companies. After MyPlayCity refused to heed to Conduit's demands, in September, 2009, Conduit alleged that it had terminated the prior agreements with MyPlayCity. Even after Conduit stated that it had terminated the agreements with MyPlayCity, Conduit still continued to distribute the toolbars containing MyPlayCity's trademark and allowing access to MyPlayCity's content. In fact, Conduit distributed these toolbars well after numerous demands by MyPlayCity to cease such practice and even after the lawsuit was filed by MyPlayCity. Conduit refused to share with MyPlayCity the revenues which Conduit received after Conduit said that it had terminated the agreement, even though these revenues were received as, a result of Conduit's use of MyPlayCity's games and trademark.

Litigation

On March 1, 2010, MyPlayCity filed a suit in United States District Court for Southern District of New York. In that suit, MyPlayCity sought an injunction against Conduit's use and distribution of MyPlayCity's trademark. MyPlayCity also sought damages resulting from Conduit's use of the trademark, violations of the agreements, failure to pay MyPlayCity's proper and agreed share of the revenue during the life of the agreements, infringement of MyPlayCity's registered copyrights and misuse of MyPlayCity's confidential information. In response, Conduit asserted that, based on the limitation of liability clause which Conduit had included in the agreements, MyPlayCity was prevented from recovering more than $5000.00 for Conduit's wrongdoing, regardless of how much money Conduit made as a result of its wrongdoing.

Initially, on July 29, 2011, the Court, without making any factual finding as to whether any of the Conduit's conduct was egregious, issued an opinion granting Conduit's motion in part, holding that the limitation of liability provision "limits Conduit's liability for all type of damages to $5000.00." However, when Conduit asserted that its liability was limited to $5,000.00 for all of its wrongdoing, the Court clarified that it had not ruled that the $5,000.00 limitation of liability cap applies to MyPlayCity's claims that are based on Conduit's conduct after the termination of the agreements (i.e. post termination use and distribution of the Toolbars and trademark).

The Court recently issued an important and, in many respects, final decision and order. On the one hand, the Court confirmed that the damages incurred by MyPlayCity prior to when Conduit said it had terminated the agreements were limited to $5000.00 in light of limitation of liability clause and found that Conduit, by distributing the toolbar post-termination, did not violate MyPlayCity's copyrights in the games hosted on MyPlayCity's servers. On the other hand, however, the Court found that Conduit nonetheless violated the Lanham Act, including federal trademark infringement and unfair competition, and engaged in common law trademark infringement and unjust enrichment claims. Below is a brief summary of the Court's conclusions:

Federal Trademark Infringement and Unfair Competition Claims and Common Law Trademark Infringement Claim. The Court found that by terminating the agreements, Conduit effectively terminated its license to display MyPlayCity's trademark on the toolbars. The Court further concluded that, because Conduit continued to distribute MyPlayCity's trademark after the license to do so was terminated, Conduit infringed on MyPlayCity's trademark in violation of the Lanham Act and common law trademark infringement. (See pp. 32-37 of the Court's decision.)

Common Law Unfair Competition. The Court, after examining all available evidence, ruled in favor of MyPlayCity that Conduit had violated the common law rule prohibiting unfair competition because "there is ample evidence of [Conduit's] bad faith, and no evidence of lack of bad faith to counter it." (See pp. 37-40 of the Court's decision.)

Unjust Enrichment Claim. The Court further ruled that MyPlayCity was also prevailed on its claim for unjust enrichment claim stemming from Conduit's post-termination use of the MyPlayCity's trademark because "equity and good conscience require that MyPlayCity [MyPlayCity] not go uncompensated for such use." (See pp. 40-43 of the Court's decision.)

Punitive Damages. The Court did not allow punitive damages in connection with Conduit's breach of contract, Lanham Act and unjust enrichment claims. However, because punitive damages are proper if "a defendant's conduct has constituted gross, wanton, or willful fraud or other morally culpable to an extreme degree," the Court agreed that MyPlayCity may be able to obtain punitive damages based on Conduit's common law trademark infringement and unfair competition. The measure and extent of any punitive damages will be decided by a jury. (See pp. 43-45 of the Court's decision.)

Alexander Rodichev, MyPlayCity CEO, commented "While MyPlayCity intends to pursue its right to obtain proper payment from Conduit for the period up to when Conduit claims it terminated the agreements, MyPlayCity is nonetheless pleased with the decision by the Court and confident that, when MyPlayCity presents the facts to the jury, MyPlayCity will be fairly compensated for the damages caused by Conduit's unscrupulous business practices and actions. We are also looking forward to a jury decision that we believe will render punitive damages which would both penalize Conduit for its behavior and deter such dishonest and injudicious behavior in the internet industry."

MyPlayCity's Major Step Forward Towards Victory Against Conduit

Wed, 23 May 2012 14:00:00 +0000

MyPlayCity's Major Step Forward Towards Victory Against Conduit

PR Newswire

ALEXANDRIA, Va., May 23, 2012 /PRNewswire/ -- In a recent and very strongly worded decision, the United States District Court for Southern District of New York concluded that Conduit Limited (www.conduit.com) violated MyPlayCity, Inc.'s (www.myplaycity.com) trademark rights and engaged in unfair competition with MyPlayCity. The Court further concluded that Conduit unjustly enriched itself at MyPlayCity's expense. The specific amount of damages which Conduit must pay to MyPlayCity because of Conduit's illegal conduct are to be determined by a jury at some point in the future.

Background

Dispute

Litigation

SOURCE MyPlayCity, Inc.

Everett Laboratories, Inc. Files Patent Infringement Lawsuit Against Competitor Trigen Laboratories, Inc.

Wed, 23 May 2012 14:00:00 +0000

Everett Laboratories, Inc. Files Patent Infringement Lawsuit Against Competitor Trigen Laboratories, Inc.

PR Newswire

WEST ORANGE, N.J., May 23, 2012 /PRNewswire/ -- Everett Laboratories, Inc., Women's Health Care company, leader in the field of prenatal supplementation, today announced that it had filed a patent infringement lawsuit with a motion for a preliminary injunction in the United States District Court of New Jersey against Trigen Laboratories, Inc., a specialty niche pharmaceutical company. The lawsuit asserts, among other things, that Trigen is infringing United States Patent No. 8,183,227 covering Everett's Vitafol®-One product, and seeks to prevent Trigen from making, selling, distributing and falsely branding its infringing, copycat products. Everett's lawsuit alleges that it will be irreparably harmed unless the court issues a preliminary injunction that requires Trigen immediately to withdraw its patent-infringing products from the market.

"We are fully committed to our innovation and to providing physicians and their patients with quality products for prenatal supplementation," said Lucas Sigman, Everett's Chief Executive Officer. "Our prenatal supplementation portfolio represents one of the Company's most valuable assets, and provides significant market and competitive advantages. We will not tolerate infringement of our patents, and we will do what is necessary to protect our proprietary rights."

Everett's lawsuit also alleges that Trigen's copycat products contain fish oil while Everett DHA is made from Algae oil. "We are committed to providing pregnant women with the highest-quality prenatal supplementation. That is our number one priority," said Louis Bongiovanni, Everett's Vice President of Sales.

About Everett Laboratories, Inc.

Everett Laboratories is a New Jersey-based women's healthcare pharmaceutical company that has been providing essential pharmaceutical and nutritional products for four decades. Everett is a subsidiary of The Chemo Group, a global healthcare corporation based in Spain with a presence in more than 30 countries. The company recently licensed products for stress urinary incontinence, fertility, and the Stuart Natal line of pre-natal vitamins. Everett is dedicated to providing advanced treatments and innovative new products to address unmet needs for women and families and to improving women's health. The company strives to produce and market unique, first-in-class prescription and over the counter medications.

SOURCE Everett Laboratories, Inc.

Flat Rock Announces Availability of Genu, a Cloud-Based Knowledge Solution for the Legal Market

Wed, 23 May 2012 12:45:00 +0000

Flat Rock Announces Availability of Genu, a Cloud-Based Knowledge Solution for the Legal Market

Genu is an innovative solution that enables attorneys to create compelling narratives that win more cases at a lower cost

PR Newswire

LOS ANGELES, May 23, 2012 /PRNewswire/ -- Flat Rock Systems, a leading provider of cloud-based knowledge solutions, today announced at Legal Tech West Coast the availability of a Genu for the legal market. Flat Rock Systems LLC harnessed the ingenuity of investigative professionals' leveraged technology advances from the consumer market and delivered Genu.

"In my experience, no other application before has brought all the necessary technology together for legal practitioners as Genu does. The platform is genuinely innovative and inspires a new way of thinking about one's cases," said Kathleen Havener, a Cleveland litigation attorney.

Genu enables the legal community to efficiently manage complex investigations and produce accurate research narratives through real-time collaboration, and knowledge retention. Genu is based on real-world expertise that helps you retain knowledge to develop accurate narratives for complex investigations and supports team collaboration vital to the investigatory process.

"Genu provides a platform to easily sort issues and evidence. It gives attorneys a space to contain all information related to a given case, such as parties, witnesses, evidence, and case law that can be accessed anywhere through the Internet. Genu allows you to upload evidence, transcripts, knowledge, etc. as it is received and specifically categorize it along the way," said Candace M. Van den Bosch, Esq.

Genu is delivered on an enterprise cloud-based platform that provides legal firms best-of-class security, high availability and access to your critical information from a desktop, laptop or iPad.

Media Contact:

Heather Anderson
Ph: 813.397.2552
media@flatrocksystems.com

About Flat Rock Systems LLC

Flat Rock develops cloud solutions that enable organizations to efficiently capture information and retain what is learned. Our patent-pending methods leverage the group's collective knowledge through real-time collaboration to ensure that your narrative is supported by accurate, up-to-date information. To learn more, visit http://www.flatrocksystems.com.

Genu and the Genu logo are either registered trademarks or trademarks of Flat Rock Systems LLC in the United States and/or other countries. All other trademarks are the property of their respective owners.

This press release was issued through eReleases® Press Release Distribution. For more information, visit http://www.ereleases.com.

SOURCE Flat Rock Systems LLC

Morrison & Foerster Launches MoFo Tech Blog

Tue, 22 May 2012 18:34:08 +0000

Morrison & Foerster Launches MoFo Tech Blog

Online version of firm's award-winning magazine on technology, science and the law

PR Newswire

SAN FRANCISCO, May 22, 2012 /PRNewswire/ -- Morrison & Foerster has just launched its MoFo Tech Blog, the online, real-time version of MoFo Tech, the firm's award-winning magazine of news, trend-spotting, and analysis for science and technology companies.

The new blog includes issues of MoFo Tech in their entirety as well as original content, and updates on stories from previous editions of the magazine going back to its launch in 2009. The blog can be found at www.mofotechblog.com, and can be followed on Twitter @MoFoTech.

Written by noted technology journalists and based on interviews with Morrison & Foerster attorneys and industry experts, MoFo Tech covers the waterfront of cutting-edge issues affecting science- and tech-based companies. Like the magazine, the blog features crisp news items, lively infographics, and in-depth features on such topics as cross-border litigation, patent acquisitions, M&A and IPOs, FCPA, cleantech, life sciences and medical devices, outsourcing trends, privacy and data collection, and myriad other subjects.

MoFo Tech has been recognized as one of the best specialty publications of its kind – indeed, as the publishing industry continues to shrink, MoFo Tech is one of the only magazines to focus on the intersection of law and technology. The Custom Content Council bestowed its prestigious Pearl Award on the magazine for three years running (2009-11), including naming it "Best New Magazine" with a circulation under 25,000.

Michael Jacobs, co-founder of the firm's Intellectual Property practice group, said, "MoFo Tech keeps readers informed about important legal and business developments in the tech industry. Giving MoFo Tech the immediacy of a blog allows us flexibility in addressing changes in this fast-changing space – from major deals and litigation news to macro political or policy events that will affect tech companies. We hope the blog will be a compelling resource for our clients – and for anyone who needs to stay up-to-speed on developments at the nexus of law and technology."

The current Spring/Summer issue of MoFo Tech includes stories on the surge in trade-secret litigation; the prospect of digital movies as the next big thing in the cloud; how new emphasis on an old law is making corner-office executives sweat their companies' behavior; the secondary market as alternative for young companies to traditional capital markets; a look at the post-AIA patent system; and many others.

"MoFo Tech is a perfect expression of Morrison & Foerster's range of expertise across the tech landscape, conveyed with great style and personality," said MoFo IP partner Tessa Schwartz. "We already feature interesting individuals, innovative companies, and emerging markets and trends that make the tech industry so fascinating. Now, we are excited to use the blog format to keep readers even more current and to expand our readership base—both in the U.S. and internationally."

The blog also arrives on the heels of a new survey jointly conducted by Morrison & Foerster and leading technology market intelligence firm 451 Research taking a close look at M&A trends across the tech sector. The survey drew from more than 300 deal professionals from inside major tech companies and their outside investors and financial advisors. For more details on the new MoFo/451 Research M&A Leaders Survey, link here: http://www.mofo.com/files/Uploads/Images/M-and-A-survey-analysis.pdf.

MoFo Tech marks the second Morrison & Foerster publication this year to go online. In January the firm launched its Socially Aware Blog, the companion to the Burton Award-winning Socially Aware, covering legal news in the world of social media: www.sociallyawareblog.com.

ABOUT MOFO.

We are Morrison & Foerster — a global firm of exceptional credentials. Our clients include some of the largest financial institutions, investment banks, Fortune 100, technology and life science companies. We've been included on The American Lawyer's A-List for eight straight years, and Fortune named us one of the "100 Best Companies to Work For." Our lawyers are committed to achieving innovative and business-minded results for our clients, while preserving the differences that make us stronger. This is MoFo.

James Bourne: 212-262-7470 jbourne@rippmedia.com

Contact: Amy Merriweather, Public Relations Manager 415-268-6063 amerriweather@mofo.com

SOURCE Morrison & Foerster

ABA President Praises US Department of Justice for Adoption of National Standards on the Prevention of Prison Rape

Tue, 22 May 2012 14:15:25 +0000

WASHINGTON, D.C., May 21, 2012 — American Bar Association President Wm. T. (Bill) Robinson III today sent a letter to U.S. Attorney General Eric Holder praising the U.S. Department of Justice’s adoption of comprehensive national standards to prevent prison rape.

“The Department of Justice gave serious and thoughtful consideration to the comments it received from the ABA and other interested individuals and organizations,” Robinson said. “We commend the department for significantly advancing Congress’s goal of establishing a ‘zero-tolerance standard’ for the incidence of sexual abuse in U.S. prisons, jails and other facilities.”

The ABA is calling on all branches of the federal government, states and localities to implement these standards as a necessary step toward ensuring the human rights and dignity of prisoners.

On Thursday, May 17, the Department of Justice released a final rule to prevent, detect and respond to sexual abuse in confinement facilities, in accordance with the Prison Rape Elimination Act of 2003. Supported by a broad bipartisan coalition of criminal justice, civil rights and religious organizations, PREA was passed unanimously by Congress and signed into law by President George W. Bush in 2003. This landmark legislation directed a bipartisan national commission to recommend, and the attorney general to adopt, comprehensive national standards on the detection, prevention, reduction and punishment of prison rape.

In February 2011 the Justice Department requested comments on its proposed PREA standards. In April 2011 the ABA submitted comments based on the ABA Criminal Justice Standards on the Treatment of Prisoners, which were adopted by the ABA House of Delegates in February 2010 and express the policy of the ABA.

The final PREA standards announced by the Justice Department are consistent with the ABA Criminal Justice Standards on the Treatment of Prisoners and are supported by a broad consensus of correctional, criminal justice and human rights experts.

A copy of the ABA letter can be found here.

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Introducing... SorinRand LLP

Tue, 22 May 2012 14:15:00 +0000

Introducing... SorinRand LLP

Paradigm-Shifting Law Firm Announces Rebranding, Increased Focus in Mid-Atlantic Region Emerging Growth Markets

PR Newswire

EAST BRUNSWICK, N.J., May 22, 2012 /PRNewswire/ -- Highly respected attorneys David J. Sorin and Jay S. Rand announced today the rebranded firm of SorinRand LLP. SorinRand will continue to serve start-up, emerging growth, and middle market sector technology, ecommerce, and life science clients -- with a more strategic focus throughout the Mid-Atlantic region.

Going forward, the firm will be comprised of all of the partners, counsel, associates, and staff of the New Jersey and New York offices, and one of the region's leading tax attorneys from the Conshohocken, Pa. office of the firm formerly known as SorinRoyerCooper LLC.

Sorin continues as managing partner of the firm. Josh Epstein, chair of the firm's litigation practice, continues as the New York office managing partner. George Nagle, chair of the firm's tax practice, will be the managing partner of SorinRand's newly established office in Radnor, Pa.

To best accomplish client goals, strategic initiatives, and reflect the firm's vision and priorities, SorinRand is reaffirming its commitment to its strong and growing client base, comprised of, among others, more than a dozen of the 100 fastest growing companies in the Mid-Atlantic region, including three of the top 10 alternative energy companies in New Jersey and four of the 80 hottest companies in New York.

"We recognize that the primary strength of our law firm has been and continues to be in the representation of the entrepreneurs, business leaders, technologists, and investors who build and support the privately held and publicly traded companies in the various entrepreneurial and technology sectors that increasingly are critical to the economy of the entire Mid-Atlantic region," explained Sorin. "Building on that strength, we have renewed and deepened our commitment to creating client value through a lower-leverage delivery model and a highly competitive fee structure that is about half that of our national competitors."

The firm has received numerous awards and accolades for a unique combination of its compelling value proposition and delivery of high quality, responsive services by experienced lawyers recognized as leaders in their respective areas of practice. For example:

Reflecting the firm's entrepreneurial inclinations and successes, Sorin was named a finalist in the 2012 Ernst & Young Entrepreneur of the Year awards program in New Jersey; winners will be announced in June. He also was named one of the Top 100 Lawyers worldwide in 2012 for his leadership in the emerging growth company marketplace.
Rand, chair of the firm's corporate practice, formerly was a partner of Morrison & Foerster LLP and later national co-chair of the technology and venture law group at Mannatt, Phelps & Phillips LLP. He recently was named one of New York's top start-up company and venture capital lawyers.
Epstein, chair of litigation, is a highly respected litigator who recently was named a New York Super Lawyer.
Susan Goldsmith, formerly of Duane Morris LLP, was named to the World Trademark Review's 2012 list of World's Leading Trademark professionals.
Jeff Marcus, former chair of the corporate department of the New York office of Morrison & Foerster LLP, is a leading lawyer in the areas of life sciences, securities law, and mergers and acquisitions.
Before joining SorinRoyerCooper as chair of the firm's tax practice, Nagle was the co-chair of the tax practice and chair of the audit committee at Saul Ewing LLP.

Prior to the reformation, the firm was named "Life Sciences Law Firm of the Year" by Finance Monthly magazine as well as the "2011 Emerging Growth Law Firm of the Year in the United States" by Lawyer Monthly, and both "2012 Emerging Growth Law Firm of the Year" and "2012 Intellectual Property Law Firm of the Year" by Corporate LiveWire.

ABOUT:

SORINRAND LLP, with offices in East Brunswick, N.J., New York City, and Radnor, Pa., focuses on start-up, early-stage, emerging-growth and middle-market sector technology, software, communications, marketing/communications, Internet, alternative energy and clean-tech, nanotechnology, biotechnology, medical devices and other life sciences enterprises, as well as the financial institutions, investors, directors, and executives who support and lead them. For more information, visit www.sorinrand.com.

SOURCE SorinRand LLP

Neology Files Another Round of Patents Against Federal Signal Corporation

Mon, 21 May 2012 23:50:06 +0000

Neology Files Another Round of Patents Against Federal Signal Corporation

PR Newswire

SAN DIEGO, May 21, 2012 /PRNewswire/ -- Neology has filed a second lawsuit against Federal Signal and related companies for patent infringement. This follows the filing by Neology in Delaware of a patent infringement case against Federal Signal alleging infringement of 6 U.S. patents. In the Delaware case, Neology also moved for a preliminary injunction based on 3 of the 6 patents in suit. In the latest lawsuit, Neology is asserting infringement of 2 more U.S. patents. Neology has a portfolio of 140 patents and its parent company has well over 370 patents worldwide. Neology continues to review its U.S. and foreign patents, including in such jurisdictions as Mexico, Taiwan, and Europe, and is prepared to assert more patents as appropriate. Neology has invested significantly in what it believes is one of the leading RFID patent portfolios in the world and will continue to take whatever actions are necessary to defend its intellectual property.

(Logo: http://photos.prnewswire.com/prnh/20110802/LA46390LOGO)

The latest lawsuit demands that Federal Signal immediately and permanently stop directly or indirectly making, using, selling or offering for sale, importing or exporting, all infringing products.

Press Release and Media Contact:
Mark McFarlin, VP, Sales & Marketing
Phone: 858-391-0260 x126
mmcfarlin@neology-rfid.com
www.neology-rfid.com

SOURCE Neology

Reporter Resources RE: Violence Against Women Act Reauthorization

Mon, 21 May 2012 18:10:00 +0000

WASHINGTON, D.C., May 21, 2012 – On May 16, the House of Representatives passed — by a vote of 222-205 — H.R. 4970, the Violence Against Women Act Reauthorization, sponsored by Rep. Sandy Adams. Earlier, the Senate adopted its own version of VAWA reauthorization language, S. 1925, sponsored by Sens. Patrick Leahy and Mike Crapo, by a vote of 68-31.

The American Bar Association supports S. 1925 and opposes H.R. 4970. The following are resources you may use in your coverage as the bill moves forward to an anticipated Senate-House conference.

Statement of Wm. T. (Bill) Robinson III, President, American Bar Association:
RE: Reauthorization of the Violence Against Women Act

WASHINGTON, D.C., May 21, 2012 — The House version of the Violence Against Women Act rations justice for victims and jeopardizes the safety of families. By excluding provisions found in the Senate bill that protect vulnerable populations—including Native Americans, immigrants and LGBT victims— the House version runs counter to the intent of the original legislation.

Congressional conferees should send a clear message to victims and survivors of abuse that the justice system serves them. While the American Bar Association opposes mandatory minimum sentencing language in the Senate bill, it is the best vessel for a faithful reauthorization of VAWA that protects all victims.

Please click here for a biography and photo of Wm. T. (Bill) Robinson III, president of the American Bar Association.

Additional Resources:

Robinson’s letter to members of the House of Representatives, expressing the association’s opposition to H.R. 4970, prior to the vote on May 17;
Robinson’s letter to senators in support of S. 1925 prior to the vote on April 26;
ABA Governmental Affairs Office’s priority page on VAWA;
ABA one-page overview of VAWA;
National Network to End Domestic Violence 2011 Domestic Violence Counts Census;
2010 National Intimate Partner and Sexual Violence Survey.

Legal Experts:

The following experts can speak to key components of the two differing versions of VAWA reauthorization. They are speaking as experts knowledgeable on the issues, and not on behalf of the American Bar Association.

Immigration: Rosie Hidalgo can be reached at 703-942-5582 or rhidalgo@casadeesperanza.org;

LGBT: Terra Slavin can be reached at (323) 993-7651 or tslavin@lagaycenter.org;

Tribal: Kelly Stoner can be reached at (405) 208-5188 or kstoner@okcu.edu.

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