For our weekly SoCal IP Institute meeting on Monday, April 23, 2018, we will discuss:

Lohan v. Take-Two Interactive Software, (N.Y. March 29, 2018) (available here). Lindsey Lohan sued Take Two Interactive Software arguing they violated her right of publicity. In a video game: Grand Theft Auto San Andreas, a scene appears in which a 20 something year old blonde interacts with a player, Lohan argued the blonde was meant to be her. The Court of Appeals in New York dismissed the case finding the character that appeared in the game had the “style, look, and persona of a modern, beach-going young woman” and was not definitively Ms. Lohan.

Picture comparison here and here

Cutscene from the game here

Vanda Pharma v. West-Ward Pharma , (CAFC April 13, 2018) (available here). Vanda held a patent for schizophrenia treatment using iloperidone (U.S. Patent No. 8,586,610) and sued West-Ward for infringement. The main issue of the case was whether a treatment for schizophrenia was patentable subject matter under the recent Mayo and Ariosa decisions. Those cases both invalidated patents, finding the patents at issue simply claimed a relationship between molecules found in nature. Although the patent at issue here also relied on relationships of molecules in nature, the CAFC distinguished the ‘610 from the other patents. The court reasoned that unlike prior cases, the ‘610 patent related directly to a treatment, whereas the former cases related to relationships found in nature. The distinction came about because of how the patent prosecutor drafted the preamble to claims of the ‘610 patent. The practitioner used the phrase “a method for treating a patient . . .” as opposed to a “method of optimizing therapeutic efficacy . . .”

All are invited to join us on Monday April 23, 2018, at noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Elisha Manzur by 9 am Monday morning.