Intellectual Property

  • October 23, 2014

    Rimon Snags Former PTAB Judge For Calif. Offices

    International law firm Rimon PC has hired a veteran intellectual property lawyer and former Patent Trial and Appeal Board judge as a partner to bolster its IP practice in the San Francisco and Palo Alto, California, offices, the firm announced Wednesday.

  • October 23, 2014

    EPA Permits Some Confidentiality In Final GHG Reporting Plan

    The U.S. Environmental Protection Agency on Thursday finalized changes to its greenhouse gas reporting program that allow some emissions information to remain confidential, after companies said the information could expose trade secrets.

  • October 22, 2014

    Influential Women In IP Law: Lisa Pearson

    After more than two decades in intellectual property law, Kilpatrick Townsend & Stockton LLP's trademark litigator Lisa Pearson has become something of a preliminary injunction guru for high-profile clients like Clif Bar & Co. and American Eagle Outfitters Inc., earning herself a spot among Law360's Influential Women In IP Law.

  • October 22, 2014

    7th Circ. Rules Against Tablet Product Co. In Contract Fight

    The Seventh Circuit on Wednesday sided with Block and Co. Inc. in a breach of contract dispute with tablet accessories company nClosures Inc., finding the companies' confidentiality agreement was unenforceable because nClosures hadn’t taken reasonable steps to guard its proprietary information.

  • October 22, 2014

    Pfizer's Cancer Drug Patent Withstands Mylan Challenge

    A Delaware federal judge ruled Wednesday that Pfizer Inc.’s patent for cancer drug Sutent was nonobvious and could stand, despite a challenge from Mylan Pharmaceuticals Inc. in Pfizer's suit seeking to stop its rival from introducing a generic version. 

  • October 22, 2014

    Lupin, Amneal Lose Bid To Reverse Birth Control IP Ruling

    The Federal Circuit on Wednesday shot down Lupin Ltd. and Amneal Pharmaceuticals LLC’s bid to reverse a lower court’s finding that Warner Chilcott Co. LLC’s patent for the oral contraceptive Lo Loestrin Fe wasn’t shown to be obvious, finding the appellants’ arguments “unpersuasive.”

  • October 22, 2014

    SanDisk Fights Cert. Bid In Flash Memory Antitrust Suit

    SanDisk Corp. urged a federal judge to deny retailers and customers class certification in a suit accusing the company of using its patents to monopolize the flash memory industry, saying that the memory purchasers failed to prove that common issues predominate.

  • October 22, 2014

    Tessera Wants Judge To Enforce $30M Patent Deal, Nix Trial

    Tessera Inc. is pushing a California federal judge to enforce a $30 million settlement it reached in February with Advanced Semiconductor Engineering Inc. in a patent-infringement suit, claiming ASE has “settler's remorse” and asking the court to call off a Nov. 10 trial, according to filings this week.

  • October 22, 2014

    Unwired Planet Wins Apple Report From $1B Samsung Victory

    A California federal judge has ordered Apple Inc. to hand over a damage analysis from its nearly $1 billion victory over Samsung Electronic Co. Ltd., granting patent group Unwired Planet LLC a victory in its battle with Apple Inc. over mobile device patents.

  • October 22, 2014

    US Talks Can't Extend Patent Law To Foreign Sales: Fed. Circ.

    The Federal Circuit on Wednesday upheld a $1.5 million judgment against Pulse Electronics Corp. for infringing three Halo Electronics Inc. transformer patents used in domestic products, but said that U.S. patent laws don't apply to units sold internationally even if negotiations for foreign sales occurred in the U.S.

  • October 22, 2014

    Ropes & Gray Sued By Drugmaker Over Patent Filing Blunder

    The Medicines Co. has slapped Fish & Neave LLP and Ropes & Gray LLP with a legal malpractice suit in New Jersey claiming Fish & Neave blew the deadline for a critical patent filing associated with the company's anticoagulant drug Angiomax.

  • October 22, 2014

    ‘Massacre’ Rocker’s IP Claims At Risk Over Shoddy Complaint

    A California federal judge on Wednesday said he'd likely toss a former Brian Jonestown Massacre guitarist's countersuit in a spat over who owns the copyright to several of the rock band's works, including one used on “Boardwalk Empire,” saying the guitarist needed to be clearer in his pleadings.

  • October 22, 2014

    Quanta Doesn't Nix Restricted Sales, Lexmark Tells Fed. Circ.

    Lexmark International Inc. on Tuesday urged the Federal Circuit to overturn a decision that the company’s inkjet cartridge return program is invalid under patent law, arguing that a U.S. Supreme Court ruling the lower court relied on did not overrule the appeals court’s previous finding on restricted sales.

  • October 22, 2014

    Jury Clears Apple In $94M Patent Suit Over IPhones, IPads

    Apple Inc. triumphed in GPNE Corp.'s $94 million patent trial Wednesday when a California federal jury unanimously found that the tech titan's iPhones and iPads didn't infringe two data-communications patents, though Apple failed to convince jurors that those patents are invalid.

  • October 22, 2014

    Atty Pulls Forgery Claims In Young Law Malpractice Tiff

    A Pennsylvania lawyer representing a stonework company that sued the Young Law Group in state court for taking on a trademark case without solid knowledge of intellectual property law has withdrawn accusations that an attorney at the firm forged a signature on a settlement agreement.

  • October 22, 2014

    Effexor Buyers Want Another Chance In Antitrust Suit

    Drug buyers on Tuesday urged a New Jersey federal judge to allow them to amend their complaint against Wyeth Inc. and Teva Pharmaceuticals USA Inc. over a no-authorized-generic deal for antidepressant Effexor XR, saying the court’s new pleading standard is novel and was only introduced after they filed their suit.

  • October 22, 2014

    Google Says Nortel Shouldn't Block Docs In Rockstar IP Row

    Google Inc. on Tuesday became the latest company to urge a Delaware bankruptcy judge to reject a bid by defunct Nortel Networks Inc. to grant it protection against subpoenas it has received in connection with patent infringement litigation involving Rockstar Consortium LP, the buyer of Nortel's patent portfolio.

  • October 22, 2014

    Amazon, Apple, Dropbox Sued Over Networking Patent

    Google Inc., Apple Inc., and Amazon.com Inc. were among several tech businesses sued on Tuesday in Texas federal court by Vantage Point Technology Inc., which claims services such as Google Drive and iCloud violate a patent covering a method for transferring documents over the Internet.

  • October 22, 2014

    Nexium Jury Hears From Walgreen Exec On Generics

    A Walgreen Co. executive testified Wednesday at a pay-for-delay trial over AstraZeneca PLC’s Nexium that the heartburn treatment did face competition for prescriptions from several other similar drugs, but emphasized that cheaper generic versions were only available for a few lower dosages.

  • October 22, 2014

    SG Asks High Court To Eye 'Good-Faith' Patent Defense

    The Solicitor General has urged the U.S. Supreme Court to take up Commil USA LLC’s petition over whether parties accused of inducing infringement should be able to use a good-faith belief in a patent’s invalidity as a defense, saying that such a holding undermines the Patent Act’s effectiveness.

Expert Analysis

  • 4 Reasons GCs Are Cautious About Filing Patent Suits

    Matt Jorgenson

    While patent litigation unquestionably is and will remain an important competitive tool for many companies, a few uncertainties may make a favorable outcome for a patentee more difficult both to assess and to ultimately achieve. These uncertainties also tend to increase the cost for a patentee to litigate successfully to a final judgment, say Matt Jorgenson and Bryan Blumenkopf of Sidley Austin LLP.

  • How To Successfully Use Alibaba's AliProtect

    Theodore Baroody

    If a U.S. intellectual property owner has limited financial resources such that infringement represented by an Alibaba.com listing accessible in the U.S. might otherwise go unaddressed, a complaint through the AliProtect system may present a reasonable option. AliProtect has some quirks, but it worked when we tried it, and the time from complaint to takedown was about five days, says Theodore Baroody of Carstens & Cahoon LLP.

  • Japan's Trade Secret Law Reform Should Focus On Discovery

    York Faulkner

    Faced with a growing trend of trade secret theft, Japanese lawmakers are actively debating reforms to strengthen both civil and criminal enforcement of trade secrets. The proposals, however, fail to address the fundamental weakness of trade secret enforcement under current Japanese law, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP, Kitahama Partners and Lexia Partners.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • IPR And CBM — You May Be In For A Trip To The Fed. Circ.

    Erin Dunston

    Due to the popularity of inter partes review and covered business method review and the likelihood of appeal, it is important to realize while in an IPR or CBM that you are functionally fighting two battles — the one at hand and the Federal Circuit one likely to follow, say Erin Dunston and Philip Hirschhorn of Buchanan Ingersoll & Rooney PC.

  • Design Patent Damages Might Be More Than You Expected

    Scott Breedlove

    For many litigators and in-house counsel who regularly deal with utility patents, the design patent is less familiar territory. But design patents can be a valuable tool. Inventors should consider protecting both the overall design and designs of specific components, as both may implicate substantial damages if infringed, say Scott Breedlove and Seth Lindner of Vinson & Elkins LLP.

  • Keys To IP Collaborations With Universities: Part 2

    Ross Garsson

    By better understanding and considering the research institution’s infrastructure and policies upfront, attorneys and executives can identify and address issues that could otherwise derail partnerships with a for-profit corporation, and thus foster successful collaboration, say attorneys with Greenberg Traurig LLP.

  • We Need A Specialized Patent Trial Court

    William Watkins

    The U.S. is the only country in the world where standard juries are used in patent cases. With patent trolls imposing huge costs on the economy and crippling our power to innovate, Americans should be willing to consider major changes in how we decide patent cases, says William Watkins, a research fellow at The Independent Institute.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Understanding Alice: Step 1 Of Mayo Analysis At PTAB

    Stephen Schreiner

    While the U.S. Patent and Trademark Office and patent practitioners continue to grapple with the U.S. Supreme Court’s Alice v. CLS Bank decision, last month two panels of the Patent Trial and Appeal Board issued decisions in covered business method patent reviews that illustrate very different approaches to the Section 101 inquiry, say attorneys with Goodwin Procter LLP.