Patent Infringement Books

Sunday, October 30, 2011

HanesBrands, Mosaid, Biotec Pharmacon: Intellectual Property

By: Victoria Slind-Flor
Source: http://www.businessweek.com



Oct. 31 (Bloomberg) -- HanesBrands Inc., the North Carolina underwear manufacturer, asked a federal court to declare it isn’t infringing a design patent for women’s pants with built-in support.

The Winston-Salem, North Carolina-based company said it’s been accused of infringing patent D641,135, belonging to Rockfit LLC of Commerce, California.

According to the complaint filed Oct. 27 in federal court in North Carolina, Rock Fit previously sued HanesBrands in federal court in Los Angeles in August, alleging that some of the North Carolina company’s products infringed the patent.

That case was dismissed by Rock Fit in October. HanesBrands said that Rock Fit hasn’t demonstrated it wouldn’t pursue infringement claims related to the patent against the North Carolina company in the future.

HanesBrands asked the court to declare the patent invalid and unenforceable. It also seeks an order barring Rock Fit and its employees from asserting that HanesBrands infringes the patent, and for awards of attorney fees and litigation costs.

The North Carolina underwear manufacturer is represented by John F. Morrow Jr. Jeffery R. McFadden and Matthew L. Jamison of Womble Carlyle Sandridge & Rice PLLC of Winston-Salem.

Mosaid Rises Above Sterling Offer on Prospect of Counterbid

Mosaid Technologies Inc., the Canadian company that has agreed to be acquired by Sterling Partners, rose above the company’s offer price, suggesting investors may anticipate a counterbid.

Mosaid, based in Kanata, Ontario, rose as much as 6.2 percent to C$46.11 ($46.41) after the company said Oct. 27 it had agreed to be acquired by Sterling for C$46 a share, or about C$590 million.

Mosaid has been the subject of a hostile takeover bid from Wi-Lan Inc., a Canadian patent-licensing firm, which offered C$42 a share.

“Wi-Lan has no intention to further revise or extend its revised offer,” the company said in an Oct. 19 statement after raising its bid for Mosaid by 11 percent.

Wi-Lan, based in Ottawa, didn’t have a new statement early Friday, said Tyler Burns, a company spokesman.

Biotec, Sloan-Kettering Get Canadian Patent for Treatment

Biotec Pharmacon ASA, a Norwegian biotech company, said it’s received a Canadian patent for a cancer treatment it developed in conjunction with the Memorial Sloan-Kettering Cancer Center.

The patent covers the combination of two compositions of one or more monoclonal antibodies and a substance known as yeast beta glucan. The Oslo-based company said in a statement that the compound will be used to target a wide range of malignancy, including breast, colon and lung cancer and leukemia.

The Canadian patent follows the issuance of similar patents in the U.S., Australia and Mexico, the company said.

New York-based Memorial Sloan-Kettering Cancer Center is the joint owner of the technology and Biotec Pharmacon has an exclusive license.

Source: http://www.businessweek.com/news/2011-10-31/hanesbrands-mosaid-biotec-pharmacon-intellectual-property.html

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