Intellectual Property

  • September 30, 2016

    Intellectual Ventures’ Appeal Nixes Its Own $8M IP Win

    Intellectual Ventures I LLC's appeal of its patent infringement case against Symantec Corp. and Trend Micro Inc. backfired Friday, as the Federal Circuit not only upheld a lower court’s findings that two of its patents were invalid but also invalidated a third patent, reversing a favorable $8 million jury verdict.

  • September 30, 2016

    Depomed Gets Patent Win Over Generic Nucynta Drugmakers

    Depomed Inc. won a major ruling Friday when a New Jersey federal judge said patents relating to its painkiller drug Nucynta are valid and that several generic drugmakers have infringed claims on the patents, giving the pharmaceutical giant a market lock on Nucynta products through 2025.

  • September 30, 2016

    Time Clocks Improve Patent Trials, Litigators Say

    Litigators should appreciate the time clocks that judges increasingly impose at trial because the restrictions force lawyers to act more like filmmakers or authors and cut material that's not compelling, four leading patent lawyers said Wednesday.

  • September 30, 2016

    Patent Trial Judges Oppose Posner's Push For Neutral Experts

    Four federal judges said Friday that U.S. Circuit Judge Richard Posner's idea of using neutral expert witnesses more often in patent jury trials is a bad one.

  • September 30, 2016

    Black & Decker Hit With Patent Suit Over Equipment Trackers

    Black & Decker was slapped with a patent infringement suit in Texas federal court Thursday over equipment-tracking and security products sold through its Stanley Healthcare operating division.

  • September 30, 2016

    Fec. Circ. Evicts 'Big Brother' Patent Suit Against CBS

    CBS beat a suit by an inventor who claimed the network infringed his patents for real-time audience response on the “Big Brother” show when the Federal Circuit ruled Friday that a lower court had correctly tossed the case.

  • September 30, 2016

    Claims Court Tosses Scanner Patent Suit Against TSA, BAE

    The Court of Federal Claims on Friday dismissed a suit accusing the Transportation Security Administration, a BAE Systems unit and other federal contractors of infringing a boarding pass scanner patent, finding the inventor of the patent could not prove he owned the patent anymore.

  • September 30, 2016

    Costco Jury Has Questions About Tiffany's Punitive Damages

    A curious Manhattan civil jury tasked with deciding how much Costco Wholesale Corp. must pay Tiffany & Co. in punitive damages for selling rings that infringed the $9 billion jeweler's flagship trademark had plenty of questions for U.S. District Judge Laura Taylor Swain Friday but did not have a quick verdict.

  • September 30, 2016

    Momenta, Sandoz Can't Beat Blood Clot Drug Monopoly Suit

    A Tennessee federal magistrate judge on Thursday recommended that a proposed class action accusing Momenta Pharmaceuticals Inc. and Sandoz Inc. of conspiring to monopolize the market for a generic of the blood clot drug Lovenox should stand, as a hospital sufficiently alleged that the companies manipulated the organization that sets quality testing standards.

  • September 30, 2016

    3rd Circ. Junks $62M Verdict In Avaya Antitrust Case

    A $62 million antitrust verdict against Avaya Inc. was scrapped by the Third Circuit on Friday as the appeals court agreed that a district judge had improperly thrown out the company’s counterclaims in the midst of trial.

  • September 30, 2016

    Brand Battles: 'Woodstock' Wants Pot Trademarks

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the owners of "Woodstock" appeal after being refused registrations for still-illegal marijuana, McDonald's enforces its "Big Breakfast" mark against a small brunch chain, and Monster Energy takes on Sazerac over a "Beast" brand of cognac.

  • September 30, 2016

    SimpleAir Appeals Google IP Dispute To Fed. Circ. Again

    Tech licensing firm SimpleAir Inc. said Thursday it will appeal a Texas federal court’s dismissal of its suit alleging Google Inc. infringed two of its instant messaging patents, returning to the Federal Circuit after seeing an $85 million judgment struck down there over the same technology.

  • September 30, 2016

    Par Sues FDA For Yanking Gout Drug's 180-Day Exclusivity

    Par Pharmaceutical is suing the U.S. Food and Drug Administration in D.C. federal court over its revoked 180-day exclusivity period for a generic gout drug, saying the agency incorrectly deemed its patent certifications faulty.

  • September 30, 2016

    USPTO Unveils Proposed Patent Fee Increases For 2017

    The U.S. Patent and Trademark Office is considering a major fee overhaul for the first time in more than three years to help it cover operational costs approaching $3 billion next fiscal year, the office announced Friday.

  • September 30, 2016

    Patterson Belknap Beats Doctor’s Trade Secrets Suit

    A Pennsylvania federal judge on Friday tossed a suit brought by a doctor accusing Patterson Belknap and a former associate of stealing his trade secrets, saying the doctor didn’t prove he had a valuable and distinct trade secret.

  • September 30, 2016

    Brooks Kushman Adds IP Pro From Fulwider Patton

    Brooks Kushman has added an intellectual property litigator previously with Fulwider Patton LLP as a shareholder in its Los Angeles office, the firm has announced.

  • September 30, 2016

    Adare, Teva Say Apotex Infringed Patent With Amrix Generic

    Apotex Inc.’s application to sell a generic version of the muscle relaxant Amrix infringes Adare Pharmaceuticals Inc. and a Teva Pharmaceutical Industries Ltd. unit’s patent for the branded drug, the companies told a Delaware federal court Thursday.

  • September 30, 2016

    Judge Pauses NFL Photo Suit To Consider Reconsidering

    A New York federal judge on Thursday paused a suit alleging the National Football League and its photo agency partners forced sports photographers into a raw deal while he reconsiders a push to toss the suit’s remaining claim, according to a document filed Thursday.

  • September 30, 2016

    Fed. Circ. On-Sale Bar Case Could Make Axing Patents Harder

    The Federal Circuit could decide in a case set for arguments Tuesday that the America Invents Act's on-sale bar provision covers only sales to the public, a holding that would protect many patents from being invalidated and mark a shift from decades of precedent, attorneys say.

  • September 29, 2016

    Robins Kaplan Sued For $1M Over Disclosing Discovery Docs

    Robins Kaplan LLP was hit with a $1 million trade secrets suit in California federal court Thursday by two garment manufacturers that allege the firm publicly disclosed confidential discovery information the plaintiffs had filed in underlying copyright infringement suits.

Expert Analysis

  • Burden Of Proof At PTAB: Will Magnum Oil And Aqua Mix?

    Bob Steinberg

    The Federal Circuit is focusing much of its attention lately on procedural issues that go beyond particular patents and prior art analysis, and affect the relative procedural burdens placed on either petitioners and patent owners. Cases like Magnum Oil Tools and Aqua Products give guidance and consistency to such issues that may arise in all PTAB proceedings, say attorneys with Latham & Watkins LLP.

  • Oral Advocacy And 'Vocal Fry'

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    In a sneak preview of the fall edition of Legal Communication & Rhetoric, Professor Michael Higdon of the University of Tennessee College of Law explores the negative reactions to "vocal fry," the accusations of sexism those reactions have engendered, and what all this means for female attorneys.

  • Objective Reasonableness Still Relevant Post-Halo

    Steven Roth

    The Federal Circuit has now held in WesternGeco v. Ion Geophysical that the objective reasonableness of the accused infringer’s positions may still be one of the factors the district court should consider when deciding to award enhanced damages, even though the defendant has been found to be a willful infringer, say Steven Roth and Zhibin Li of Locke Lord LLP.

  • What You Should Know About EU Trademark Reform

    Ulrike Gruebler

    European trademark law is currently undergoing the most fundamental changes since the introduction of the European community trademark system 20 years ago. The approved reform package brings substantial changes not only to EU trademarks, but also to owners of national trademarks in the EU, says Ulrike Gruebler of DLA Piper.

  • OPINION: Making 'Compact Prosecution' Truly Compact

    Laura Sheridan

    Patent prosecution in the United States is undergoing its own examination today by the bar, academia, the GAO, the inspector general and the USPTO itself. The increased attention on the examination process presents an excellent opportunity to refine the system, says Laura Sheridan, senior patent counsel at Google Inc.

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • Prelitigation Steps For Trade Secret And Noncompete Cases

    Excerpt from Lexis Practice Advisor
    Matthew T. Miklave

    One of the first steps in addressing potential trade secret misappropriation and breach of restrictive covenant claims is determining the scope and extent of the employer’s protections. However, the prelitigation process involves many more stages. Attorneys with Robinson & Cole LLP address seven specific steps you should take on behalf of an employer in assessing and addressing a potential breach of a noncompete agreement.

  • A Few Things To Consider Before Patenting Blockchain Tech

    Paul Keller

    Many companies involved in blockchain research projects are filing patent applications to protect their innovations, and many are leveraging software code that is governed by various open-source licenses. The variety of these licenses and the particular uses by companies of the code that is licensed under them raise a host of issues that, to the uninitiated, could result in significant consequences, say Paul Keller and Sue Ross of ... (continued)

  • How To Monetize 'Internet Of Things' Data

    Thomas A. Walsh

    Because the internet of things generates a massive amount of data, conditions are currently ripe for data monetization. Businesses that wish to profit from such data should first make sure they own the rights to it before taking steps to protect their intellectual property and preserve its value, says Thomas Walsh of Ice Miller LLP.