Intellectual Property

  • May 29, 2015

    Auction Co. Can't Shake Suit Over $2M Software Patents

    A California judge on Friday tentatively refused to toss an inventor’s suit alleging an auction company botched its handling of video technology patents she held with her software programmer ex-husband by selling them for vastly less than their $2 million minimum value, ruling the auctioneer had a fiduciary duty to the inventor.

  • May 29, 2015

    FDA Botched Amarin's Vascepa Exclusivity, Judge Rules

    A D.C. federal judge on Thursday vacated the U.S. Food and Drug Administration’s decision to limit market exclusivity for Amarin Pharmaceuticals Ireland Ltd.’s fish oil drug Vascepa, finding that the agency exceeded its authority to interpret the Hatch-Waxman Act.

  • May 29, 2015

    Oracle Wants IP Protected In Wet Seal Asset Sale

    Oracle America Inc. on Thursday moved to protect its intellectual property and related licenses in Wet Seal Inc.'s bankruptcy, telling a Delaware federal judge that the retailer needs to provide more information about IP contracts that would be assumed by a unit of Versa Capital Management LLC that acquired the brand.

  • May 29, 2015

    Judge Spells Out BMI's Royalty Win Over Pandora

    The federal judge handling the ongoing royalty dispute between Pandora Media Inc. and blanket licensor Broadcast Music Inc. issued a lengthy opinion Thursday detailing his reasons for ordering the radio service to pay higher rates — among them, that he was swayed by increased rates Pandora paid in since-vetoed free-market deals.

  • May 29, 2015

    11th Circ. Says Chicken Eatery Trade Dress Row Is Covered

    The Eleventh Circuit affirmed Thursday that Maiden Specialty Insurance Co. can’t duck coverage for a Miami grilled chicken restaurant accused of creating a “replica” of a rival, finding the insurer shot itself in the foot by admitting its policy covered the underlying trade dress case.

  • May 29, 2015

    Monster Energy Gets Injunction Against Alleged Counterfeiters

    An Illinois federal judge has awarded Monster Energy Co. an injunction in a counterfeiting suit accusing a slew of Chinese e-retailers of creating hundreds of online shops hawking counterfeit Monster-branded goods, saying the company would be irreparably harmed absent the order.

  • May 28, 2015

    Dickstein Seeks Dismissal, Sanctions In Ex-Atty’s Bias Suit

    Dickstein Shapiro LLP urged a New York federal judge on Thursday to toss a suit brought by a former intellectual property attorney alleging he was passed over for partnership in favor of younger, non-white, female or gay lawyers before being fired, calling the claims frivolous and worthy of sanctions.

  • May 28, 2015

    2nd Circ. Nixes Reseller's Fee Bid In John Wiley Rights Row

    The Second Circuit on Wednesday declined to award attorneys' fees under the Copyright Act to a man who had been sued by publisher John Wiley & Sons Inc. for reselling foreign editions of its books, in a case that reached the Supreme Court in 2013. 

  • May 28, 2015

    Pay-For-Delay Questions Linger After $1.2B Cephalon Deal

    The Federal Trade Commission's record-setting $1.2 billion settlement with Cephalon Inc. on Thursday gives the antitrust watchdog a boost as it continues to challenge so-called pay-for-delay settlements. But the eleventh-hour deal disappointed observers who had hoped for answers to lingering questions about how to prosecute the complex cases.

  • May 28, 2015

    2nd Circ. Says Coercion Key To Namenda Injunction Ruling

    The Second Circuit explained Thursday that Actavis PLC's plan to force Alzheimer's patients using its Namenda dementia drug to switch to a newer version by pulling the older formulation from the shelves likely violated federal antitrust law because it moved from "persuasion to coercion."

  • May 28, 2015

    FTC's $1.2B Win Shows Pay-For-Delay Deals On Thin Ice

    The Federal Trade Commission's $1.2 billion settlement with Cephalon Inc. over the company's huge payments to rivals is a fresh sign that so-called pay-for-delay deals involving big exchanges of money will be difficult to defend in the wake of a landmark U.S. Supreme Court decision from two years ago, experts say.

  • May 28, 2015

    No More Delays, Plaintiffs In Shire Pay-For-Delay Suit Told

    A federal judge shot down a request by a group of consumers to amend their complaint for a second time against Shire US Inc. in a pay-for-delay suit, noting Wednesday that the case has already been bogged down by delays.

  • May 28, 2015

    Paying The Price For Pay-For-Delay: Cephalon's 7-Year Saga

    With a $1.2 billion settlement on Thursday ending the Federal Trade Commission’s long-running case against Cephalon Inc. for allegedly paying rivals to hold off selling generic versions of the narcolepsy drug Provigil, Law360 takes a look back at the seven-year antitrust fight.

  • May 28, 2015

    Zynga Says Don't Stall On Blank Rome, Segan Patent Sanction

    Zynga Inc. on Wednesday urged a California federal judge to not let Segan LLC and its counsel, Blank Rome LLP, delay a ruling on sanctions over a “frivolous” patent suit accusing Zynga of ripping off website-interacting characters, arguing the case has already gone on too long.

  • May 28, 2015

    Nautilus Asks Full Fed. Circ. To Review Indefiniteness Case

    Nautilus Inc. urged the full Federal Circuit Wednesday to review a ruling that a Biosig Instruments Inc. heart rate monitor patent is not indefinite, saying that the panel ignored clear instructions from the U.S. Supreme Court, which used the case to set a new indefiniteness standard.

  • May 28, 2015

    PTAB Rejects Challenge To Rohm & Haas Polymer Patent

    The Patent Trial and Appeal Board on Wednesday ruled that Organik Kimya AS failed to prove in an America Invents Act review that a Rohm & Haas Co. patent on preparing a type of polymer is anticipated or obvious over two prior art patents.

  • May 28, 2015

    FTC Health Care Chief: $1.2B Cephalon Deal A Strong Warning

    Cephalon Inc.'s promise to settle patent litigation without using side deals to get reverse payments as part of a $1.2 billion agreement with the Federal Trade Commission sends a "strong and important" message to the rest of the industry to change its behavior, FTC health care chief Markus Meier told Law360 on Thursday.

  • May 28, 2015

    Yahoo Adds Fraud Claim In Row Over $1B NCAA Bracket Prize

    Yahoo Inc. on Tuesday bounced back in its dispute with prize insurer SCA Promotions Inc. over the web giant's decision to back out of a $1 billion NCAA March Madness contest, filing new fraud counterclaims over SCA allegedly revealing the contest plan to Berkshire Hathway.

  • May 28, 2015

    Pier 1, GameStop Hit With Web Navigation IP Suit

    EMG Technology LLC has accused Pier 1 Imports Inc., Dollar General Corp., GameStop Corp. and five other companies of infringing patents for navigating websites on cellphones, according to suits filed Wednesday in Texas federal court.

  • May 28, 2015

    Medtronic Wins Fees In Long-Running Mirowski Patent Case

    A Delaware federal judge ruled Wednesday that Mirowski Family Ventures LLC must pay Medtronic Inc.'s attorneys' fees after Medtronic prevailed in a long-running defibrillator patent case that went to the U.S. Supreme Court, holding that the outcome is dictated by a nearly 25-year-old contract.

Expert Analysis

  • 8 Tips For Drafting And Prosecuting Patents To Avoid IPR

    Thomas Kelton

    There is no way to make a patent invulnerable to challenge in an inter partes review, but there are ways to make a patent less appealing as a target for IPR and also less susceptible to a finding of unpatentability in an IPR. Spending a little more money and effort up front to draft a better patent application may pay off in real dollars when it comes time to enforce the patent, say Thomas Kelton and David O’Dell of Haynes and Boone LLP.

  • Analyzing Data Trends To Shape Complex Litigation Strategy

    Elizabeth Figueira

    With the understanding that jurisdictional data trends can shape complex litigation strategy, Crowell & Moring LLP attorneys Keith Harrison and Elizabeth Figueira offer a snapshot of the time to resolution of recent disputes in the U.S. District Courts and Courts of Appeals.

  • Illinois Antitrust Case Highlights Venue Requirements

    James Menton Jr.

    An Illinois federal court's recent decision in Industrial Models Inc. v. SNF Inc. serves as an instructive reminder of what can happen when a case is filed in the wrong forum, says James Menton Jr. of Robins Kaplan LLP.

  • Persuasive Experts At Trial: 3 Times A Charm

    Nancy J Geenen

    Attorneys spend significant hours finding, vetting and legally qualifying subject matter experts who will offer the opinion that supports the client’s “truth.” The expert spends considerable time as well — from research and analysis to issuing the report and defending the opinion at deposition. These pretrial skills do not necessarily translate to persuasive testimony at trial, say Nancy Geenen and Suann Ingle of Suann Ingle Associates LLC.

  • An Update On Unsuccessful Inter Partes Review Petitions

    Tom Irving

    Patent owners have had markedly more success asking the Patent Trial and Appeal Board to reject institution when arguing that the art or arguments were raised in another inter partes review proceeding versus arguing that the art or arguments were raised during prosecution, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Supreme Court Simplifies Induced Infringement Litigation

    Colleen Tracy James

    If Justice Antonin Scalia’s view had prevailed in Commil USA LLC v. Cisco Systems Inc., litigating over whether a potential infringer had a good-faith belief in the invalidity of a patent would be very ambiguous. How would one prove he has a good-faith belief that a patent is invalid? This defense would presumably have created a de facto lower threshold for invalidity as a defense to inducement, say Colleen Tracy James and Neil DuC... (continued)

  • FDA Biosimilar Policy: More Questions, More Answers

    Jennifer M. Dienes

    The U.S. Food and Drug Administration's latest draft guidance on biosimilars, which contains new questions and answers not previously provided by the FDA, arrives on the heels of last month's release of three other biosimilar guidance documents, which also included a Q&A regarding implementation of the Biologics Price Competition and Innovation Act, say attorneys at K&L Gates LLP.

  • A Closer Look At Google's New Patent Program

    Kevin Christensen

    Google Inc.’s Patent Purchase Program provides a novel means to acquire patents and, potentially, combat litigation from nonpracticing entities. Whether it will limit NPE activity may not be known for several years, but the program will provide Google with valuable information on NPE activity that it may not otherwise possess, say Kevin Christensen and Deepa Sundararaman of Berkeley Research Group LLC.

  • USPTO Is On The Lookout For Ethical Misconduct

    Michael E. McCabe Jr.

    Almost every day, online legal publications run articles on the latest motion for, or court decision on, some form of attorney misconduct. Certain words in these decisions and news articles are known to capture the attention of the U.S. Patent and Trademark Office’s disciplinary police — including “frivolous,” “willful,” “nonsensical" and "should have known," says Michael McCabe of Funk & Bolton PA.

  • Digging Through The New Federal Rules Of Civil Procedure

    Leeron Morad

    Last month, behind the scenes, the U.S. Supreme Court quietly approved changes to the Federal Rules of Civil Procedure. Though the ultimate impact of the amendments remains to be seen, they will affect discovery and document production proceedings for both litigants and practitioners, say Leeron Morad and Andrew Bramhall of Quinn Emanuel Urquhart & Sullivan LLP.