Intellectual Property

  • April 29, 2016

    Mylan, Ranbaxy Push 3rd Circ. To Nix Provigil Class

    Mylan and Ranbaxy said Thursday that purchasers bringing pay-for-delay claims over the narcolepsy drug Provigil have failed to give the Third Circuit any good reason to uphold a class certification order, which the drugmakers have attacked as unsupported by the buyers’ damages theory.

  • April 29, 2016

    Shiboleth Hit With $10M Suit Over Claims Of Shoddy IP Work

    Shiboleth LLP on Thursday was smacked with a $10 million malpractice suit in New York federal court by a maker of toddler products claiming that the firm exaggerated its litigation experience, which led to its poor handling of an underlying patent infringement suit against WalgreenCo. and a subpar settlement.

  • April 29, 2016

    Cooley, Skadden Steer $1B Rovi-TiVo Deal

    Rovi Solutions Corp., which provides digital media guides and licenses entertainment device patents, said Friday it is acquiring set-top-box maker TiVo Inc. in a $1.1 billion cash and stock deal guided by Cooley LLP and Skadden Arps Slate Meagher & Flom LLP.

  • April 29, 2016

    Fed. Circ. Refuses To Restrict Venue In Patent Cases

    The Federal Circuit on Friday denied liquid sweetener company TC Heartland LLC’s request for new restrictions on where patent suits can be filed, rejecting an argument that would have effectively barred most suits from the patent hotbed of the Eastern District of Texas.

  • April 28, 2016

    Extensive Post-Trial Inquiry Eyed In Ex-Goldman VP Fee Bid

    A Delaware vice chancellor signaled plans Thursday for a deep post-trial dive into a dispute over a once-jailed former Goldman Sachs vice president’s demand for corporate officer indemnification and legal fees, with responsibility for millions in Goldman legal bills in the balance.

  • April 28, 2016

    Gap Beats Injunction Bid In IP Row Over Old Navy Tees

    The Eleventh Circuit on Thursday refused to block Gap Inc. from selling Old Navy shirts with the phrase “Eat Sleep Ball,” denying a request by a clothing and accessories brand accusing Gap of infringing and counterfeiting its trademark.

  • April 28, 2016

    Google Can't Kill Map Patent Row In Lead-Up To Trial

    Google lost a handful of pretrial challenges to an infringement suit alleging the Silicon Valley heavyweight stepped on a German architectural firm’s patent related to a virtual Earth map when a Delaware federal judge on Thursday refused to find the patent invalid or ineligible.

  • April 28, 2016

    UMG, Media Co. Delay In-Flight IP Trial To Try And Settle

    UMG Recordings and in-flight entertainment provider Global Eagle Entertainment convinced a California federal judge Wednesday to delay by several months an impending May trial on Global Eagle's damages for willfully infringing 4,500 UMG-owned songs, saying they were heading to mediation in June.

  • April 28, 2016

    Oracle, Google Again Rip Jury Instructions In $8B IP Row

    Oracle and Google on Wednesday both told the California federal judge overseeing the looming $8 billion copyright trial over Google's use of Oracle software code in its Android operating system that they're still not happy with his proposed jury instructions.

  • April 28, 2016

    High Court May Be Next Stop For PTAB Deference Issue

    The Federal Circuit's holding that America Invents Act decisions must be reviewed with deference on appeal could inspire the U.S. Supreme Court to consider requiring greater scrutiny of the Patent Trial and Appeal Board, which could make AIA decisions easier to overturn, attorneys say.

  • April 28, 2016

    Church's Chicken Hits Former Franchisee With TM Suit

    The operator of several Church’s Chicken franchises in Texas has been accused of using the fast food chain’s trademarks after defaulting on licensing agreements in violation of unfair competition and trademark laws, according to a suit filed in Georgia federal court.

  • April 28, 2016

    Judge Gilstrap Kills Website-Labeling Patents Under Alice

    Eastern District of Texas Judge Rodney Gilstrap has invalidated two patents on "digital labeling" of websites, finding that they claim only an abstract idea under the U.S. Supreme Court's Alice standard, and knocking out a recent jury verdict that New Life Ventures Inc. infringes.

  • April 28, 2016

    Coffee Co. Blasts Monster Energy For Trademark Threats

    A small Florida coffee company is fighting back against legal threats made by Monster Energy Co. over a coffee blend named for the lead singer of the rock group the B-52s, blasting the drink maker for using “dubious” trademark claims to establish an "anti-competitive monopoly" on the word “monster.”

  • April 28, 2016

    InterDigital Wants Fed. Circ. To Eye Microsoft Antitrust Row

    InterDigital urged a Delaware federal court on Wednesday to allow the company to ask the Federal Circuit whether it should face allegations that it violated federal antitrust law after Microsoft failed to identify the specific patents that InterDigital allegedly relies upon to set what Microsoft calls unfair terms for licensing wireless technology.

  • April 28, 2016

    Stella McCartney, Steve Madden Settle Knockoff Bag Suit

    Steve Madden Ltd. told a New York federal judge on Thursday that it reached a settlement with fashion designer Stella McCartney Ltd. to end a suit accusing the apparel retailer of infringing both design patents and trade dress by selling a knockoff shoulder bag.

  • April 28, 2016

    Language Group Calls Copyrighting Klingon Highly Illogical

    A copyright lawsuit over a "Star Trek" fan film has caught the attention of a constructed languages group, which argued Wednesday that Paramount Pictures can’t copyright Klingon — and it did so in a brief written partially in the fictional language. 

  • April 28, 2016

    Navy Contractor's $5M Trade Secrets Win Pared For Jury Error

    A Florida federal court Thursday denied an information technology consultant's request for a new trial after a jury found it misappropriated a security access IT system from a U.S. Navy contractor, but reduced the $5 million award by $250,000 because of juror error.

  • April 28, 2016

    FDA Flouting Court On Orphan Drug Exclusivity, Suit Says

    The U.S. Food and Drug Administration is flouting a recent court ruling and federal law by refusing to grant orphan drug exclusivity for chemotherapy infusion Bendeka, according to a complaint filed Wednesday in D.C. federal court.

  • April 28, 2016

    Merck Says Gilead Is Exploiting Atty 'Lie' In $200M Jury Loss

    Merck on Wednesday escalated a war of words with Gilead over accusations that a Merck attorney lied during a deposition over accessing confidential information, saying its biopharmaceutical rival wants to “exploit” the allegation as a “get-out-of-jail-free card” after a California’s federal jury’s recent $200 million damages award in the patent infringement case.

  • April 28, 2016

    Pulse, Halo Fight Over Interest In Transformer Patent Row

    Pulse and Halo’s long-running transformer patent dispute, which has made its way to the U.S. Supreme Court, turned Wednesday to the issue of interest, and exactly how much Pulse owes after a jury slapped it with a $1.5 million infringement verdict in 2013.

Expert Analysis

  • Portfolios With 4 Legs To Stand On: Animal Drug Patent Tips

    Deborah A. Sterling

    Human pharmaceutical companies tend to rely upon a "patent thicket" to obtain overlapping scope designed to deter competitors, and some animal pharmaceutical companies are following this model for their products. Close examination of the filing strategies and drafting considerations that lead to the creation of portfolios like Zoetis’ for Apoquel provides insight for other animal health companies looking to expand market share, say... (continued)

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • IP In A Financial Center: Ireland Vs. Cayman Islands

    Ramesh Maharaj

    The portable nature of intellectual property allows it to be readily structured in jurisdictions such as the Cayman Islands and Ireland — two important and robust international financial centers — so as to maximize returns. Whether a particular jurisdiction is well suited for the IP requires analysis of not only the protection afforded but also where the IP is to be sold and how any returns generated will be taxed, say Ramesh Mahar... (continued)

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • Ex Parte Re-Exam — An Overlooked Way To Challenge Patents

    Chris Rourk

    While the post-grant proceedings created by the America Invents Act have enjoyed immense popularity over the last few years, ex parte re-examination remains a viable — and often more desirable — candidate for third-party challenges to issued patents, say Chris Rourk and Blake Dietrich of Jackson Walker LLP.

  • Tattoo Copyrights May Finally Get Their Day In Court

    Yolanda M. King

    In a complaint recently filed in the Southern District of New York, licensing company Solid Oak alleges that the developers, marketers and distributors of the "NBA 2K16" video game are infringing its exclusive right to publicly display its copyrighted tattoos. Perhaps this will be the tattoo copyright case that does not settle, says Yolanda King, associate professor at Northern Illinois University College of Law.

  • Why High Court Should Preserve USPTO Autonomy In Cuozzo

    Shubha Ghosh

    Cuozzo is asking the U.S. Supreme Court to overturn the U.S. Patent and Trademark Office’s broadest reasonable interpretation standard, which would mean the USPTO would have to engage in the extensive method of claim construction we see in the courts. There are many reasons to be skeptical of Cuozzo’s arguments, says Shubha Ghosh, director of Syracuse University College of Law's technology commercialization law program.

  • What's The Big Deal About US Biosimilar Approval?

    Daniel S. Wittenberg

    The U.S. Food and Drug Administration recently approved its second-ever biosimilar product, Inflectra. Daniel Wittenberg at Snell & Wilmer LLP takes a look at the regulatory framework for biosimiliar approval in the U.S., various states’ responses to interchangeability substitution, and the litigation that may delay Inflectra’s U.S. launch.

  • IPR At Supreme Court: Inside Cuozzo Oral Arguments

    Angela Johnson

    Despite what appeared to be a dissenting view by the chief justice at oral arguments in Cuozzo, most of the U.S. Supreme Court justices appeared satisfied with the Patent Trial and Appeal Board’s current implementation of the broadest reasonable interpretation standard in inter partes review proceedings, which lends itself to the interpretation that the fundamental role of the PTAB is to ensure patent quality and provide clear noti... (continued)

  • What To Know About Trade Secret Law In Saudi Arabia

    Paul B. Keller

    As Saudi Arabia's market continues to expand and with its stock market becoming increasingly opening to foreign investors, many U.S. companies and banks are expanding operations in and to the kingdom. These expansions pose a great opportunity for many technology and life science companies — and the potential for the theft or misappropriation of a company’s trade secrets by an employee or business partner, say Paul Keller and Jihad ... (continued)