Intellectual Property

  • December 17, 2014

    Many Biotech Patents At Risk After Fed. Circ. Myriad Ruling

    By striking down Myriad Genetics Inc. breast cancer test patents Wednesday, the Federal Circuit greatly expanded the reach of a U.S. Supreme Court decision on Myriad's patents on human genes and has thrown into question the validity of scores of patents involving natural material, attorneys say.

  • December 17, 2014

    Fed. Circ. Strikes Down More Myriad Cancer Test Patents

    The Federal Circuit ruled Wednesday that three Myriad Genetics Inc. breast cancer test patents are invalid for claiming patent-ineligible subject matter, another major setback for the company after the U.S. Supreme Court ruled last year that it could not patent human genes.

  • December 17, 2014

    Watson Beats Auxilium's Testim Patent Suit In Court Trial

    A New Jersey federal judge on Tuesday invalidated a patent related to Auxilium Pharmaceuticals Inc.'s Testim testosterone gel for men, saying that the patent fails for obviousness, derivation and improper inventorship, following a bench trial over Watson Laboratories Inc.'s attempt to create a generic version.

  • December 17, 2014

    Insurer Says It Doesn't Have To Cover Target In Copyright Suit

    Samsung Fire & Marine Insurance Co. Ltd. on Wednesday sued Target Corp. and lingerie maker Parisa USA in California, claiming it doesn't need to provide coverage to those companies in an underlying suit alleging they sold and manufactured copyright-infringing lingerie.

  • December 17, 2014

    Ex-Prenda Atty Now Suing Over Disability Discrimination

    One of the attorneys linked to “copyright troll” Prenda Law is now suing a slew of local businesses in Minnesota over alleged violations of the Americans With Disabilities Act, and court records indicate the actions have already caught the attention of one local judge.

  • December 17, 2014

    Samsung Points To Axed Apple Patent In $930M Award Appeal

    Samsung Electronics Co. Ltd. on Tuesday argued in its Federal Circuit appeal over a $930 million award handed to Apple Inc. that a recently affirmed rejection of one of Apple's patents-in-suit supports reversing at least $114 million of the award and vacating $35 million in royalties.

  • December 17, 2014

    ITC To Review Finnegan, Client $1.9M Spoliation Sanction

    The International Trade Commission on Tuesday announced its decision to review the $1.9 million in spoliation sanctions imposed upon Finnegan Henderson Farabow Garrett & Dunner LLP and its client for destroying and manipulating evidence in a trade secrets suit.

  • December 17, 2014

    Kind, Clif End Snack Bar Trade Dress Fight

    Rival snack bar makers Kind LLC and Clif Bar & Co. have wrapped up their trade dress dispute over the new look of Clif's Mojo bar, agreeing to a settlement centered on an altered package design that was palatable to both companies.

  • December 17, 2014

    PTAB Won't Review Orthophoenix Bone Tool Patents

    The patent board of the U.S. Patent and Trademark Office on Tuesday denied Wright Medical Technology Inc.’s requests for inter partes review of two bone-cutting patents held by Orthophoenix LLC, finding the medical device company hadn’t shown a reasonable chance of proving their claims obvious.

  • December 17, 2014

    Chanel Shuts Down 'Chanel's Salon' In Trademark Spat

    Following a widely reported trademark lawsuit from fashion giant Chanel Inc., an Indiana salon owner named Chanel Jones has agreed to stop calling her business Chanel's Salon.

  • December 17, 2014

    FDA To Review Apotex Biosimilar Of Amgen Blockbuster Drug

    Canada-based Apotex Inc. on Wednesday said the U.S. Food and Drug Administration is reviewing its proposed copycat of Amgen Inc.'s blockbuster biologic Neulasta, marking the agency's third known acceptance of a biosimilar application.

  • December 17, 2014

    Jeweler Yurman Pockets $2M In Suit Over Knockoff Sales

    A New York federal judge on Tuesday awarded luxury accessory manufacturer David Yurman LLC $2 million to end a suit in which the company accused DashingDaisy LLC and its owner of selling products that rip off David Yurman's copyright-protected designs. 

  • December 16, 2014

    Artists Urge 9th Circ. To Rescue Calif. Resale Royalty Law

    Visual artists seeking royalties on resale of their works by Christie's Inc., Sotheby's Inc. and eBay Inc. urged the Ninth Circuit on Tuesday to restore California’s Resale Royalties Act and revive their class actions, saying the statute doesn’t violate the federal Commerce Clause.

  • December 16, 2014

    Full Fed. Circ. Won't Review Nixing Of Apotex Patent

    Apotex Inc. struck out Tuesday in its bid to have the full Federal Circuit review its decision to invalidate a high blood pressure drug patent, with the court not moved by Apotex’s argument that its founder didn’t have to reveal prior art that was not public.

  • December 16, 2014

    Goodwin Procter Snags Ex-Morgan Lewis IP Pro

    Goodwin Procter LLP announced Monday that it had added an intellectual property and technology expert from Morgan Lewis & Bockius LLP as a partner in its San Francisco office, less than a month after the latter firm agreed to acquire 750 attorneys from Bingham McCutchen LLP.

  • December 16, 2014

    Armed With Alice Ammo, Netflix Calls Rovi Patents Invalid

    Netflix Inc. asked a California federal judge Monday to throw out patent infringement claims made by Rovi Corp. over its interactive channel guide technology and other software, saying the patents fail the U.S. Supreme Court's Alice test.

  • December 16, 2014

    Full Fed. Circ. Won't Review Toss Of $368M Apple IP Award

    VirnetX Inc. struck out Tuesday in its bid to have the full Federal Circuit review a decision that threw out a $368 million patent verdict it won against Apple Inc. on the ground that VirnetX's damages expert relied on flawed theories that tainted the verdict.

  • December 16, 2014

    Energy Drink Co. Dumps Monster Trademark Dispute

    A Minnesota federal judge on Tuesday granted beverage company Victory Energy LLC’s request to dismiss its suit against Monster Energy Co. seeking a declaratory judgment that its 16-ounce cans of Victory Energize don't infringe Monster's trademarks or trade dress, after the parties said they had reached a settlement.

  • December 16, 2014

    Networks Slam Aereo's Plans To Shop Infringing IP

    Broadcast networks that persuaded the U.S. Supreme Court to shut down television streaming service Aereo Inc. objected on Monday to the bankrupt startup’s plans to sell its technology, saying that they could be left unable to collect on an impending copyright damages award.

  • December 16, 2014

    Online Banking Security Patent Deemed Abstract Under Alice

    An online transaction security patent asserted against financial software provider Jack Henry & Associates Inc. was deemed invalid by a Delaware federal judge Monday after she determined that it claimed nothing more than an abstract idea under the U.S. Supreme Court's Alice Corp. decision.

Expert Analysis

  • What Happens When Legal Aid Cuts Stimulate Pro Bono?

    Kevin J. Curnin

    The bad news coming out of the European Pro Bono Summit in November was the rising toll of heavy cuts to public legal aid in England. From this crossroad, there is a lot to be learned about the relationship between public and private assistance, the direction of legal help for the poor in the EU, and whether the American legal aid/pro bono experience offers a road map for what’s next in Europe, says Kevin Curnin of the Association ... (continued)

  • Shifting Injunction Standards In Copyright, Trademark Cases

    Eleanor Lackman

    In 2015, the copyright or trademark litigator will need to keep an eye on the courts as they continue to tell us what it takes to win or defeat an injunction in a copyright or trademark case in the post-eBay world, says Eleanor Lackman of Cowan DeBaets Abrahams & Sheppard LLP.

  • Another Big Year For ITC: Top 12 Section 337 Highlights

    Shara Aranoff

    This year, the Federal Circuit agreed to reconsider its decision narrowing Section 337’s applicability to induced infringement, as the U.S. International Trade Commission held onto its jurisdiction over standard-essential patents and confirmed its ability to reach digital imports. Meanwhile, the ITC took steps toward better exclusion order enforcement, even as it stayed a remedial order pending appeal for the first time, says Shara... (continued)

  • Top 10 Trade Secrets Developments Of 2014: Part 1

    Kerry Bundy

    Trends we saw in trade secret law this year — including the growing importance of specifically identifying trade secrets early in litigation and the continuing trend toward large damages awards and settlements in trade secrets cases — promise to shape developments in the years ahead, say attorneys with Faegre Baker Daniels LLP.

  • A Look At 2014 Fed. Circ. Cases Impacting AIA Proceedings

    Raquel Rodriguez

    The first wave of appeals from the U.S. Patent and Trademark Office’s final written decisions in inter partes review, covered business method review and post-grant review proceedings are just starting to reach the Federal Circuit. The court issued several opinions in 2014 that are important to practitioners in this area, say Russell Cass and Raquel Rodriguez of Sidley Austin LLP.

  • Inside New Fed. Circ. Practice Notes For Expedited Appeals

    Matthew Dowd

    Over the past several years, parties — especially in Hatch-Waxman litigation — have been more frequently seeking expedited appeals at the Federal Circuit. The court has taken notice, and its new practice notes should be seen as guidance to the bar that motions to expedite will be reviewed more critically by the court, says Matthew Dowd of Wiley Rein LLP.

  • FTC Centennial: How Health Care Antitrust Has Evolved

    Dionne Lomax

    In the 100 years since the Federal Trade Commission was established, the delivery of health care services — a profession some once argued should be exempt from antitrust scrutiny — has become one of the FTC's primary enforcement priorities. As the FTC embarks upon its second century, there are at least four emerging trends in health care antitrust enforcement, says Dionne Lomax of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Deposition In Inter Partes Review Is A Different Animal

    Douglas Robinson

    The differences between federal litigation procedure and inter partes review procedure have very important implications for deposition strategy in IPR. Think of the procedure as trial testimony, rather than a traditional deposition, says Douglas Robinson of Harness Dickey & Pierce PLC.

  • 3 Questions To Ask Yourself Before Hiring Appellate Counsel

    David Axelrad

    In the classic case, a client and his attorney seek appellate counsel after the trial court proceedings are concluded. But these days, “classic cases” are few and far between — more and more, appellate lawyers assist in the trial court with preservation of the appellate record and compliance with the many technical rules of appellate procedure, says David Axelrad of Horvitz & Levy LLP.

  • Virtual Patent Marking — An Underutilized Tool

    Rajesh Noronha

    Despite its apparent benefits, it is understandable that virtual marking has not been widely adopted, since many questions remain about how one may comply with the applicable statutes when marking virtually, say Martin Bruehs and Rajesh Noronha of Dentons.