Intellectual Property

  • February 5, 2016

    Supernus Gets Partial Win In Drug Patent Row With Actavis

    Supernus Pharmaceuticals Inc. won a partial victory Friday in its bid to stop Actavis Inc. from bringing a generic version of the epilepsy drug Oxtellar XR to market when a New Jersey federal judge ruled the planned generic would infringe two Supernus patents.

  • February 5, 2016

    InterDigital Wants Arbitration Award Against LG Confirmed

    Wireless communications technology developer InterDigital Inc. asked a New York federal judge Friday to confirm an award issued by an international arbitration tribunal in December against South Korean electronics giant LG Electronics Inc. in a patent licensing dispute.

  • February 5, 2016

    Nvidia's Tablets Don't Infringe Samsung Patent, Jury Finds

    A federal jury in Virginia on Friday found that Nvidia Corp.’s Shield tablets do not infringe a patent held by Samsung Electronics Co. Ltd.

  • February 5, 2016

    FTC Wants Patent Prosecution Docs In Androgel Fight

    The fight over discoverable documents in a pay-for-delay suit over testosterone replacement treatment AndroGel continued Thursday, when the Federal Trade Commission filed three motions seeking to force AbbVie Inc. and other drugmakers to turn over documents it says are related to the drug’s patent.

  • February 5, 2016

    2nd Circ. Won't Revive IP Suit Over Goodrich Chopper Parts

    The Second Circuit declined Friday to revive a British aerospace company’s lawsuit against Goodrich Pump & Engine Control Systems Inc. for allegedly stealing trade secrets for technology to control U.S. Army helicopters, agreeing that ATEC took too long to make its claims.

  • February 5, 2016

    Amgen Urges No Exceptions To Biosimilar Notice At Fed. Circ.

    Amgen is urging the Federal Circuit to rule that biosimilar makers must always give 180-day advance notice of sales to brand-name rivals, arguing that nothing in the Affordable Care Act’s approval pathway allows for exceptions, according to a brief released Friday.

  • February 5, 2016

    Toshiba Owes $25M In Digital TV Patent Royalties, MIT Says

    The Massachusetts Institute of Technology on Friday launched a $25 million suit in Massachusetts federal suit court accusing Toshiba America Consumer Products Inc. of breaching a patent license agreement by underreporting sales and underpaying royalties for MIT’s digital television technology patents.

  • February 5, 2016

    Fed. Circ. Revives TriReme Catheter Patent Inventor Row

    The Federal Circuit on Friday revived TriReme Medical LLC’s bid to change the inventor on three heart catheter patents, saying the question of whether a contractor who worked with a rival had handed over his rights to the creation needed more evidence.

  • February 5, 2016

    DOJ Official Says Restraint Key In Standard Setting Approach

    Despite all the attention standard essential patents have gotten in the antitrust world in recent years, the U.S. Department of Justice's overall restraint when it comes standard setting is a key example of how the watchdog can foster innovation, a top antitrust official said Friday.

  • February 5, 2016

    Ericsson Asks Fed. Circ. To Bury Intellectual Ventures Patent

    Ericsson Inc. has urged the Federal Circuit to uphold a U.S. Patent Trial and Appeal Board finding that an Intellectual Ventures wireless network security patent is invalid, arguing that the board relied on the proper legal standards in making its determination.

  • February 5, 2016

    PTAB Grants Review Of Patent Asserted In Apple Litigation

    The Patent Trial and Appeal Board agreed Thursday to allow an intellectual property company to join a hedge fund’s challenge of a VirnetX network security patent that Apple has been found to infringe, saying little burden would result from the joinder.

  • February 5, 2016

    Fed. Circ. Judge Says Alice Caused ‘Tremendous Uncertainty’

    A Federal Circuit judge on Friday acknowledged the Supreme Court's Alice rule has created "tremendous uncertainty" over what makes a patent an ineligible abstract idea during separate appeals involving Microsoft, Enfish and others, questioning the rule's vague exceptions for those claiming new solutions to old problems.

  • February 5, 2016

    Fed. Circ. Affirms Fee Rejection For LevelUp In Patent Beef

    A Boston-based startup that made quick work of a patent suit targeting its mobile payments app lost a bid for attorneys’ fees Friday, as the Federal Circuit refused to upend a Massachusetts federal court ruling that said the case was not exceptional.

  • February 5, 2016

    2nd Circ. Urged To Revive Actos Pay For Delay Row

    Actos diabetes drug buyers told the Second Circuit on Thursday that a lower court wrongly dismissed their pay-for-delay suit against Takeda and five generics makers for not plausibly showing the companies' actions delayed generic Actos from hitting the market.

  • February 5, 2016

    Icon Of IP: Fish & Richardson's Juanita Brooks

    By the time Juanita Brooks took her first patent case to trial as lead counsel in 2004, she had already been an attorney for more than two decades and served as first chair on about 100 predominantly criminal defense cases, but that didn't stop her from getting nervous.

  • February 5, 2016

    Fed. Circ. Affirms Validity Of Vascular Stent Patent

    The Federal Circuit on Friday determined that the Patent Trial and Appeal Board correctly found that a patent for vascular stent technology held by its inventor is not invalid because of obviousness.

  • February 5, 2016

    Judge Won't Ax Alice Invalidation Of Data IP Despite Deal

    An Ohio federal judge has refused to undo her recent decision to invalidate a clinical trial software company’s data organization patent under Alice and to dismiss an infringement case the company had filed against a direct rival, despite the parties reaching a settlement.

  • February 5, 2016

    IP Group Of The Year: Sheppard Mullin

    Sheppard Mullin Richter & Hampton LLP last year was on the winning side of the first substantive trademark case before the U.S. Supreme Court in more than a decade, successfully representing Hana Bank in a dispute involving the use of its name, earning the firm a place among Law360's 2015 Intellectual Property Groups of the Year.

  • February 5, 2016

    Manufacturers Readying For Vote On Customs Bill Next Week

    The National Association of Manufacturers said Friday that it expects the Senate to vote next week on a long-delayed bill to beef up customs and intellectual property enforcement, facilitate shipments at U.S. ports and implement a permanent ban on taxing Internet access.

  • February 5, 2016

    ScriptPro Asks Fed. Circ. To Save Pill-Dispenser Patent

    ScriptPro urged a Federal Circuit panel on Friday to revive a patent for automated pill-dispensing systems challenged by Innovation Associates, arguing a lower court misread the patent when it found the claims were overly broad and didn't line up with a description of the invention.

Expert Analysis

  • Proportionality Ruling Raises Concerns About Rule 26 Change

    Henry J. Kelston

    During the drafting process leading to the recent Federal Rules amendments, some participants expressed concern that the relocation of the proportionality provisions might be interpreted as placing a burden on the requesting party to demonstrate the proportionality of the discovery it seeks. A California federal court's recent decision in Gilead v. Merck indicates that these concerns may indeed come to fruition, says Henry Kelston of Milberg LLP.

  • Patent Reform And The New Insurance Market That May Follow


    Proposed legislation would require the losing party in patent litigation to pay the winning side’s reasonable attorneys' fees and costs, which means that the legal expense insurance market that emerged as a result of the loser-pays rule in England could soon be imported here, say Nirav Desai and Krishan Thakker of Sterne Kessler Goldstein & Fox PLLC.

  • Another Settled Google AdWords Trademark Case

    Sofia Jeong

    Given the trajectory of Google AdWords cases between brand owners and in light of the quick voluntary dismissal of Sazerac Brands, it is very likely that courts will see fewer keyword advertising disputes this year, says Sofia Jeong of Troutman Sanders LLP.

  • Mass. High Court Provides Guidance On Patent Malpractice


    Maling v. Finnegan is not the first case to address subject matter conflicts in the patent context, but in Maling the Massachusetts Supreme Court seized an opportunity to address straight-on the issue of subject matter conflicts, among other things, by taking the case sua sponte on direct appeal and by inviting amicus briefing, say attorneys with Morgan Lewis & Bockius LLP.

  • Fraud Trends For 2016 In 1 Word: Technology

    Gerry Zack

    The photo of a cat that an employee emails may actually contain some of the organization's most sensitive information. Steganography — a technique for hiding something in plain sight — has become a standard practice for cybercriminals in the last year and will continue to gain momentum in 2016, says Gerry Zack of BDO USA LLP.

  • The Calm Before The Storm: Responding To An ITC Complaint

    Adkins, Steven, steptoe.jpg

    When a Section 337 complaint is filed with the U.S. International Trade Commission, the ITC has 30 days to evaluate the complaint before starting an investigation. A company sued at the ITC should make maximum use of this period, as once the investigation starts it proceeds at a much quicker pace than most U.S. court proceedings, say Steven Adkins and Matthew Bathon at Steptoe & Johnson LLP.

  • Patent Venue Wars: Episode 5 — 5th Circ.

    Robert M. Isackson

    Despite the relatively low success rate for venue transfer motions in the Fifth Circuit, where plausible, it generally appears worth the effort to pursue transfer, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • What The Court Got Wrong About Hatch-Waxman In Alcon

    Brian D. Coggio

    The New Jersey federal court's recent decision in Alcon v. Akorn disregards the very purpose of the 30-month stay of U.S. Food and Drug Administration approval as apparent from the legislative history of the Hatch-Waxman Act, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • Civil Litigation Outlook For 2016


    There are several significant civil litigation trends emerging in 2016, including burgeoning antitrust litigation at the U.S. Department of Justice, growth in securities and consumer class actions, the changes to Federal Rule of Civil Procedure 26(b) and the potential for marked increases in patent litigation, says Reid Schar at Jenner & Block LLP.

  • What Every GC Needs To Know About Mobile Apps

    Mitzi L. Hill

    With many businesses delving into the world of app development, general counsels should be aware of several broad sets of issues, including rules of development and distribution, intellectual property and privacy considerations, and the differences between rules for U.S. and global audiences, says Mitzi Hill, leader of Taylor English Duma LLP's data security and privacy practice.