Berger & Hipskind News Coverage 


Sunday, May 29, 2016

FEATURED ARTICLE: LA Times Publishes Frontpage Investigative Report On Berger & Hipskind's Lawsuit Against Gilead For Blocking Affordable Access To Medicine

Earlier this year, the Los Angeles-based AIDS Healthcare Foundation, which operates clinics and pharmacies for AIDS patients, sued Gilead, contending that it delayed the less toxic form of tenofovir to manipulate the patent system and keep prices artificially high.  The foundation, which buys tenofovir-based medicines for many of its 600,000 patients worldwide, called Gilead’s moves “a calculated, anticompetitive maneuver” aimed at keeping lower-cost generics off the market. It is asking the court to toss out the patents on the new drug so that other companies can sell it for less.

Clinical trials of the new compound on HIV-positive patients in Los Angeles and several other cities seemed to support their optimism. Patients needed just a fraction of the dose, creating the chance of far fewer dangerous side effects.  But in 2004, just as the Foster City biotech firm was preparing for a second and larger round of patient studies, Gilead executives stopped the research. 

Tuesday, October 17, 2017

Berger & Hipskind Client The University Of Tennesee Research Foundation Achieve Successful Resolution Of Cases With RPX

RPX the leading provider of patent risk and discovery management solutions, today announced that it has completed a patent rights agreement with the University of Tennessee Research Foundation (UTRF), a non-profit organization promoting the commercialization of University of Tennessee's intellectual property. UTRF, in coordination with Saint Matthew Research, LLC, initiated a patent litigation campaign earlier this year asserting five patents developed by professors and graduate students at The University of Tennessee.

Wednesday, October 04, 2017

Berger & Hipskind Reach Successful Resolution Of 9.2 Million Dollar Settlement With SoulCycle

California federal judge on Tuesday awarded nearly $1.8 million to class counsel in a lawsuit accusing SoulCycle of selling illegally expiring certificates for its classes, while also signing off on a settlement between the class and the indoor cycling club worth as much as $9.2 million. U.S. District Judge Michael W. Fitzgerald approved the request for $1.79 million by class counsel Berger & Hipskind LLP and Lieff Cabraser Heimann & Bernstein LLP, which will be awarded separately from the settlement fund.

Friday, September 01, 2017

Berger & Hipskind Attain Settlement With SoulCycle Reinstating Over 250,000 Expired Classes

SoulCycle has agreed to electronically reinstate as many as 229,646 classes in question to settlement class members'
accounts. Alternatively, the settlement terms will allow members to receive up to $25. 

In 2015, plaintiff Rachel Cody accused SoulCycle of coercing customers into purchasing gift cards with expiration windows that did not comply with California’s state policy of five years. SoulCycle has agreed to electronically reinstate as many as 229,646 classes in question to settlement class members' accounts, according to the proposed settlement filed with the United States District Court, Central District of California on Sept. 1. Alternatively, the terms will allow members to receive up to $25 in cash for each reinstated class to which each member is entitled.


Thursday, July 20, 2017

National Law Review Article On Berger & Hipskind's 9.2 Million Dollar Settlement With SoulCycle

A federal court in California has preliminarily approved a Claims class action settlement on behalf of nationwide and
California c1asses of stationary cyclists in a gift card case that is sure to invigorate the plaintiffs' bar. The case and
settlement remind us of the broad swath of activity to which state and federal gift card laws apply, as well as the practical
costs associated with defending against even alleged violations of those laws.

Wednesday, May 03, 2017

The Register UK Article On Berger & Hipskind's Representation Of The University Of Tennessee Research Foundation

The University of Tennessee Research Foundation (UTRF) and Saint Matthew Research (SMR) on Tuesday filed lawsuits against Microsoft and Oracle alleging the infringement of database patents.  The UTRF exists to commercialize intellectual property arising from research at the University of Tennessee.

In separate complaints filed in US District Court in the Eastern District of Tennessee, the plaintiffs claim that Microsoft and Oracle are violating "the groundbreaking work of several of The University of Tennessee's faculty in the fields of parallel processing and high performance database design."  At this point, no damage amount has been specified. But if the case makes it to trial, expect the sum sought to be considerable.

Monday, April 24, 2017

SoulCycle Plans To Settle Gift Card Suit Brought By Berger & Hipskind LLP

A proposed class of consumers in a suit claiming SoulCycle Inc. sells illegally expiring gift certificates has reached an agreement in principle to settle with the company, according to a status report filed in California federal court on Friday.  SoulCycle and proposed class representative Rachel Cody filed a joint status report following an April 19 mediation session, saying that they had come to an agreement over a settlement.

Friday, October 28, 2016

Law360: Review Of Gift Certificate Cases Recognizes Berger & Hipskind LLP's SoulCycle Case

Gift cards have long been a boon for retailers eager to bring more business into their stores. However, estimates suggest that anywhere from six to 10 percent of all gift card sales never result in redemption. This “breakage,” or the portion of gift card balances that consumers fail to redeem for merchandise, can increase the bottom line for many retailers.


In Cody v. SoulCycle Inc., the court held in Jan. 2016 that a prepaid pass for indoor cycling classes was a “gift certificate” subject to California’s gift card laws and EFTA.  The court held that the passes were “gift certificates” because they are redeemable for services of a certain value and are “usually” presented as gifts.

Tuesday, October 25, 2016

Copy Of -Yahoo News Coverage Of Berger & Hipskind LLP's 13 Million Dollar Settlement In Perkins v. LinkedIn

LinkedIn is sending out $20 checks to some of its users. No, it's not a "thank you" present for being a loyal member of the site, but instead part of a class-action lawsuit settlement reached last year. 

The lawsuit, filed in California, focused on the issue of consent and the way the professional networking site operated its Add Connections feature between 2011 and 2014. The feature lets users import their personal contacts so LinkedIn can send out invitation emails suggesting they connect through the service.

Tuesday, October 25, 2016

British Press Coverage Of Berger & Hipskind's Class Action Settlement With LinkedIn

LinkedIn is sending out $20 apologies to some punters.   Online reports confirm that $20 cheques are going out to those users who took part in the class action suit over this cloying over attention.  Mashable reports that the case comes down to annoying emails, although we suspect that the legal representatives used a bit more sophisticated language.

The problem is that while LinkedIn users agree to mail their inbox contacts about them also joining the club, they don't agree to repeatedly asking the same question. That is what LinkedIn was doing though through the Add Connections program, and people did not like it.

Thursday, June 16, 2016

News Story On Protests Of Gilead Relating To Berger & Hipskind's Lawsuit Against Gilead For Blocking Access To Affordable HIV Drugs

The Los Angeles-based AIDS Healthcare Foundation has already sued Gilead Sciences and asked lawmakers to investigate the company over its drug pricing. But it’s not stopping there.

The foundation has launched a “Gilead Greed Kills!” advocacy campaign and staged two protests, the latest of which took place Wednesday in front of the California company’s Foster City headquarters. Fifty AIDS advocates, bedecked in “Gilead Greed Kills!” t-shirts, carried banners and placards criticizing the company for high prices on its HIV and hepatitis C meds.

Thursday, June 16, 2016

NYPost Reporter Discusses Berger & Hipskind's Class Action Against LinkedIn In An Article Entitled: "LinkedIn Turned My Social Life Into A Nightmare"

I’m not the only one who has been harassed by the company. Last October, a class-action lawsuit was brought against LinkedIn because its “Add Connections” feature sent hundreds of spam emails. The company agreed to pay $13 million to users who signed up for its “Add Connections” feature between September 2011 and October 2014, and promised to quit sending emails by the end of 2015.

Thursday, June 09, 2016

Copy Of -Copy Of -The Hollywood Reporter Cites Berger & Hipskind's SoulCycle Class Action In An Article Entitled "From 'Spin Rage' To Expiration Date Drama"

SoulCycle is currently facing a potential class-action lawsuit from customers who are unhappy with its policies regarding the expiration dates on prepaid packages of classes. They claim the series, as they're called, expire too quickly and result in wasted purchases — in violation of state and federal law. SoulCycle has argued that series shouldn't be treated as gift cards because they can't be used to purchase anything, but U.S. District Court Judge George King denied a motion to dismiss on those grounds.

Thursday, June 09, 2016

AIDS Healthcare Foundation Zaps Gilead with AIDS Drug Protest During Goldman Sachs Confab

AIDS Healthcare Foundation spearheaded a rolling protest caravan targeting the drug maker and its investors during the annual Goldman Sachs Global Healthcare Conference.  The protest featured a hearse, a double-deck bus and 40+ cars outfitted with “Gilead Greed Kills” banners as well as a small plane towing a “Gilead Greed Kills” banner over the resort. 

In a lawsuit filed earlier this year, AHF alleges that Gilead halted its early research of TAF in order to extend its patent on its existing HIV medication, which yielded billions of dollars in annual sales.  Gilead lawyers maintain the company “had no duty to develop, test, seek approval of, or launch its new product on any particular timetable.”  Meanwhile, HIV patients only had access to the more-harmful version of Gilead’s drug, which had damaging effects on their kidneys and bones.

Tuesday, June 07, 2016

New York Magazine Discusses Berger & Hipskind's Suit Against LinkedIn And A Writer's Experiences With The Company

I can’t be alone in this task, explaining myself to people who think I need help.  Last year, LinkedIn agreed to pay $13 million as a “sorry” for spamming friends of subscribers.  


Users track signs of the network’s grip over our lives.  In a post that went viral, one blogger listed all the people LinkedIn should have known not to recommend to him: a woman with the same name as a forgotten ex-girlfriend; an aunt not even on LinkedIn who showed up with a shadow profile likely intended to dupe him into inviting her to join.

Tuesday, June 07, 2016

Yahoo Finance - AIDS Healthcare Foundation Launches "Gilead Scandal" National Advertising Campaign

AIDS Healthcare Foundation, the largest global AIDS organization, has launched a new advertising campaign to draw attention to Gilead Sciences, Inc. following a recent and blistering LA Times article that exposed the pharmaceutical giant’s patent manipulation of its best-selling HIV drug.

In a lawsuit filed earlier this year, AIDS Healthcare alleges that Gilead halted its early research of TAF in order to extend its patent on its existing HIV medication, which yielded billions of dollars in annual sales.  Meanwhile, HIV patients only had access to the more-harmful version of Gilead’s drug, which had damaging effects on their kidneys and bones.

Monday, June 06, 2016

Politico - Lawsuit Claims Gilead Deliberately Delayed Safer HIV Drug

Critics say Gilead Sciences — the drug company that raked in $11 billion in annual sales on its blockbuster HIV drug tenovir —deliberately stopped research on a safer new version of the drug to maintain market dominance and maximize profits under its patent. Melody Petersen for the Los Angeles Times reports company executives stopped research even after scientists discovered a newer version — Genvoya promised 1,000-fold “greater antiviral potency” at a fraction of the dose. More than six years later, the company restarted those trials.

Wednesday, June 01, 2016

AIDS Foundation Asks Congress, FDA To Tnvestigate Gilead Over HIV Patent

Gilead’s new HIV meds containing tenofovir alafenamide fumarate, or TAF, can work at a fraction of the dose of last-gen product Viread, significantly cutting down on side effects. But critics claim the TAF meds shouldn’t be so new--and they’re calling on Congress to back them up.

The Los Angeles-based AIDS Healthcare Foundation intends to ask lawmakers and the FDA to investigate Gilead for potential patent manipulation and antitrust violations, it said Tuesday, citing “bald-faced greed” and “disregard for patient safety” by the California company.

Saturday, May 14, 2016

New York Times Article Discusses Berger & Hipskind's Suit Against LinkedIn In An Article Entitled: When Websites Won’t Take No for an Answer

They described the reputational and financial risks to online services that employ confusing strategies.  Among other companies, they mentioned LinkedIn. Last year, the professional network agreed to pay $13 million to settle a class-action suit in which plaintiffs accused the company of sending unwanted emails to their contacts.  Steve Johnson, LinkedIn’s vice president for user experience, said the company had worked over the last two years to make it clearer to members how the feature that imports their contacts works and to give them more control over it.

Monday, April 25, 2016

SoulCycle Gift Payment Class Action Allowed To Roll Forward

SoulCycle Inc.’s latest effort to skirt a proposed class suit by customers who allege it illegally uses a form of expensive gift certificates for payment got slapped down Friday in California federal court with a judge’s ruling that denied all but one of the indoor cycling giant’s claims.  


“SoulCycle’s present motion appears to be nothing more than an attempt to get a second bite at the apple,” Judge King said. “While our consideration of the merits of SoulCycle’s motion will not be foreclosed, we strongly disfavor SoulCycle’s apparent attempt to circumvent the rules for a motion for reconsideration.”

Saturday, April 16, 2016

Berger & Hipskind LLP Files Amended Federal Complaint against Gilead over Disputed AIDS Drug Patent

As part of its federal lawsuit filed against Gilead Sciences Inc. alleging drug patent manipulation and anti-trust claims regarding slightly different formulations of tenofovir, a key HIV/AIDS drug, AIDS Healthcare Foundation (AHF) last week filed an Amended Complaint in U.S. District Court, Northern District of California, bringing Odefsey and Descovy, two other Fixed Dose Combinations (FDC) of multiple drugs that each contain a form of tenofovir and that were recently approved by the FDA, into the claim.

Wednesday, April 06, 2016

Fortune Magazine Article On Berger & Hipskind LLP's Case Against Gilead Sciences

The AIDS Healthcare Foundation alleged that Genvoya’s approval amounted to an attempt by Gilead to evergreen its patents on the older HIV med Stribilid, since the two drugs are essentially identical other than Genvoya’s newer tenofovir formulation.  Between HIV/AIDS therapies and Gilead’s megablockbuster hepatitis C treatments Sovaldi and Harvoni, the firm’s antiviral franchise brought in more than $30 billion in global 2015 sales.

Monday, March 28, 2016

The Pharmaceutical Business Review Coverage Of Berger & Hipskind LLP's Suit On Behalf Of The AIDS Healthcare Foundation

Earlier this year, AHF filed a federal lawsuit against Gilead Sciences and two other defendants in U.S. District Court, Northern District of California. It alleged drug patent manipulation and anti-trust claims with respect to Genvoya, the company's new four-in-one Fixed Dose Combination (FDC) to treat HIV/AIDS patients.  AHF president Michael Weinstein said: "Instead, so they could continue to maximize profits -- and run the patent clock -- on its older, potentially more harmful Tenofovir formulation. Gilead delayed bringing TAF to market and has yet to do so for TAF as a standalone drug."

Friday, March 25, 2016

Berger & Hipskind LLP Client AIDS Healthcare Foundation On Gilead's Delay In Bringing Key HIV Drug To Market: An Indefensible Excuse By Gilead

Despite the fact that Gilead is now widely touting its updated formulation of Tenofovir’s reduced risk of causing kidney damage and bone loss, it doesn’t matter one bit legally if they purposely delay bringing it to market. Instead, so they could continue to maximize profits—and run the patent clock—on its older, potentially more harmful Tenofovir formulation. Gilead delayed bringing TAF to market and has yet to do so for TAF as a standalone drug.

Tuesday, March 22, 2016

Customers Slam SoulCycle Bid To Nix Business Model Suit - Law360 Article

A proposed class of SoulCycle Inc. customers on Monday slammed a bid to dismiss their suit alleging the indoor cycling giant operates on an illegal gift certificate-like model, telling a California federal court the chain’s latest filing rehashes arguments it denied months ago.  But in its motion to dismiss filed earlier this month, Soulcycle took aim not at these changes but at Judge King’s earlier order, at some points using language identical to that included in its earlier motion, [Plaintiff] Rachel Cody said Monday.

Tuesday, March 01, 2016

Law360 Article On Berger & Hipskind LLP's Representation Of Patent Owner Against The NFL

A patent holder behind several suits against fantasy sports operators, sports leagues and others urged a Texas federal court Monday to consider two expert declarations as it weighs NFL Enterprises’ motion to dismiss, saying that request hinges on disputed facts on which its experts offer vital perspectives. Dorian Berger, of Berger & Hipskind LLP, told Law360 on Tuesday the declarations show Junkin’s idea was patentable.“We believe the expert opinion and evidence offered by Virtual Gaming provides further confirmation of the patentability of Mr. Junkin’s inventions.”

Wednesday, February 24, 2016

Bloomberg BNA On The Settlement For 13 Million Dollars Of Berger & Hipskind LLP's Class Action Against LinkedIn

A $13 million class settlement with LinkedIn Corp. is fair and reasonable, the U.S. District Court for the Northern District of California held Feb. 16.  The settlement provided for meaningful relief and resulted in more thorough disclosures about the e-mail harvesting practices at issue, Judge Lucy H. Koh said in an order approving the settlement. The plaintiffs challenged LinkedIn's practices of harvesting potential members from its users' e-mail accounts and sending potential members invitations using existing members' images and identities.

Tuesday, February 02, 2016

Pharmalot Article On Berger & Hipskind LLP Attorneys' Case Against Gilead: Gilead Accused Of Manupulating HIV Patents

In the latest legal challenge to Gilead Sciences and its register-ringing strategy, the AIDS Healthcare Foundation has filed a lawsuit accusing the drug maker of manipulating the patent system in order to thwart competition to its HIV medicines. And the nonprofit alleged that countless HIV patients have been prevented from accessing treatment — and may have been harmed — as a result.

Tuesday, February 16, 2016

LinkedIn Class Action Settlement Granted Final Approval - Berger & Hipskind LLP Is Co-Lead Class Counsel In 13 Million Dollar Settlement With LinkedIn Regarding Privacy Violations.

United States District Judge Lucy Koh granted final approval to a $13 million settlement that was made public last year.The underlying lawsuit was filed in September 2013 by a group of LinkedIn users who claimed that the company “misappropriated” their names and identities by sending unauthorized email invitations to the users’ “friends.”

Sunday, February 07, 2016

Berger & Hipskind LLP Attorneys Have Been Recognized as 2016 Southern California Rising Star Super Lawyers: Dorian Berger, Daniel P. Hipskind, and Eric Hanson.

Berger & Hipskind is proud of Dorian S. Berger, Daniel P. Hipskind, and Eric Hanson, all of whom have been recognized as 2016 Southern California Super Lawyers by the publishers of Los Angeles Magazine. In addition, Dorian S. Berger, has been recognized as Top 100 Super Lawyer in the Southern California Up-And Coming Edition.

Wednesday, January 27, 2016

The New York Times Discusses The Work Of Berger & Hipskind LLP Attorneys On An Antitrust And Patent Case Relating To Access To H.I.V. Drugs

The AIDS Healthcare Foundation filed a lawsuit seeking to invalidatepatents covering the new version of Gilead’s mainstay H.I.V. drug, tenofovir.The lawsuit also says that Gilead, to maximize product life span but to thedetriment of patients, delayed the introduction of the new, safer version oftenofovir until the old version was about to lose patent protection.

Tuesday, January 26, 2016

Reuters: AHF Files Federal Lawuit Against Gilead To Invalidate Patents On Key AIDS Drug

A legal action, filed today in U.S. District Court, Northern District of California, asserts that, “…Gilead manipulated the patent system and engaged in anticompetitive practices to prevent economical access to…” Tenofovir, a key component in Genvoya, Gilead’s fourinone Fixed Dose Combination (FDC).  Gilead’s illegal acts prevent people living with HIV/AIDS from accessing lifesavingtreatment and cost the public billions of dollars because of Gilead’s unwarrantedmonopoly,” said Daniel Hipskind, AIDS Healthcare Foundation’s attorney.

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