Week Ahead in Intellectual Property: Aug. 30, 2021

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(Reuters) – Here are some upcoming events of interest to the intellectual property law community. Unless otherwise noted, all times are local, and court appearances are in person.

Monday, Aug. 30

10 a.m. – The U.S. Court of Appeals for the Federal Circuit will hear Brooklyn Brewery’s appeal of a Trademark Trial and Appeal Board decision rejecting its opposition to an application for a federal “Brooklyn Brew Shop” trademark covering home beer-brewing kits. On appeal, Brooklyn Brewery argues Brooklyn Brew Shop’s mark wasn’t eligible for a federal registration because it’s descriptive and likely to cause consumer confusion. Brooklyn Brewery also challenges the board’s ruling that its challenge was time-barred.

The case is Brooklyn Brewery Corp v. Brooklyn Brew Shop LLC, U.S. Court of Appeals for the Federal Circuit, No. 20-2277. For Brooklyn Brewery: John Dabney of Snell & Wilmer. For Brooklyn Brew Shop: Sean Marshall of Hoffmann Marshall Strong.

Tuesday, Aug. 31

10 a.m. – Generic drugmaker Mylan Pharmaceuticals Inc and 3M spinoff Kindeva Drug Delivery will argue at the Federal Circuit that a West Virginia federal court incorrectly upheld the validity of patents related to AstraZeneca’s asthma treatment Symbicort in March. The parties stipulated at the district court that Mylan and Kindeva’s proposed generic infringed if the patents were valid. Mylan and Kindeva argue on appeal that the district court wrongly rejected their argument that AstraZeneca’s patents were invalid based on prior art.

The case is AstraZeneca AB v. Mylan Pharmaceuticals Inc, U.S. Court of Appeals for the Federal Circuit, No. 21-1729. For Mylan and Kindeva: Andrew Dufresne of Perkins Coie. For AstraZeneca: David Berl of Williams & Connolly and Christopher Sipes of Covington & Burling.

10 a.m. – Viatris Inc will urge the Federal Circuit U.S. Court of Appeals to reverse a district court holding that AstraZeneca’s patents on its asthma inhaler Symbicort were not invalid as obvious. Viatris is seeking to sell a generic version of the product.

The case is AstraZeneca AB v. Mylan Pharmaceuticals Inc, Federal Circuit U.S. Court of Appeals, No. 21-1729. For Viatris: Andrew Dufresne of Perkins Coie. For AstraZeneca: David Berl of Williams & Connolly.

12 p.m. – The U.S. Copyright Office will hold another webinar in a bi-monthly series on its modernization efforts that dates back to January 2019. During the webinar, staff will outline the office’s efforts to digitize its historical records and create searchable metadata for its card catalog.

Wednesday, Sept. 1

10 a.m. – Apple and Broadcom will ask the Federal Circuit to overturn a $1.1 billion jury award that the California Institute of Technology won against them for patent infringement last year. A Los Angeles federal jury found that Broadcom Wi-Fi chips in hundreds of millions of iPhones infringed Caltech patents relating to data transmission technology. Apple and Broadcom argue that the case was “filled with error at every turn” and challenged several aspects of it, including the district court’s claim construction, the dismissal of their invalidity and inequitable-conduct defenses, and the “exorbitant” damages theory Caltech presented to the jury.

The case is California Institute of Technology v. Broadcom Ltd, U.S. Court of Appeals for the Federal Circuit, No. 20-2222. For Caltech: Kathleen Sullivan of Quinn Emanuel Urquhart & Sullivan. For Apple and Broadcom: Bill Lee of Wilmer Cutler Pickering Hale and Dorr.

10 a.m. – Indivior Plc will urge the Federal Circuit U.S. Court of Appeals to revive a patent on its sublingual opioid dependence drug Suboxone, which the Patent Trial and Appeal Board ruled invalid in response to a challenge by rival Dr. Reddy’s Laboratories Inc.

The case is Indivior UK Limited v. Dr. Reddy’s Laboratories SA, Federal Circuit U.S. Court of Appeals, No. 20-2073. For Indivior: Richard Rainey of Covington & Burling. For Dr. Reddy’s: Kevin Martin of Goodwin Procter.

Know of an event that could be included in an upcoming Week Ahead in Intellectual Property? Contact Blake Brittain at blake.brittain@thomsonreuters.com

Additional reporting by Brendan Pierson

Blake Brittain

Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets. Reach him at blake.brittain@thomsonreuters.com

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