Intellectual Property

  • April 29, 2016

    More Jawbone Patents Ineligible Under Alice, ITC Judge Rules

    A U.S. International Trade Commission judge ruled Thursday that two Jawbone patents covered ineligible subject matter under the high court's Alice decision, dealing the fitness device maker another blow in its ongoing feud with rival Fitbit Inc.

  • April 29, 2016

    Gilead OK'd To Show Merck Atty Lied In $200M Patent Win

    A California federal judge ruled Friday that Gilead can reopen the record following a jury’s $200 million patent infringement verdict against it and admit more evidence to show a Merck attorney lied to access Gilead’s confidential information, saying a fuller record will help her decide whether Merck has unclean hands.

  • April 29, 2016

    Gaye Heirs Appeal Lost $3.5M Fees Bid to 9th Circ.

    Marvin Gaye’s family filed a notice of appeal Wednesday to the Ninth Circuit over a California federal judge’s refusal to award an extra $3.5 million in legal fees after last year’s jury finding that Robin Thicke’s and Pharrell Williams’ “Blurred Lines” infringed one of Gaye’s songs.

  • April 29, 2016

    Drug Firms Battle In Del., Calif. Over Shared LLC, $60M IP

    Pharmaceutical developer Syntrix Biosystems Inc. on Friday asked the Delaware Chancery Court to dissolve a company it formed with PharmaInvest LLC to develop a drug for autoimmune diseases, saying PharmaInvest failed to make required investments and paralyzed the business and a $60 million intellectual property right with an injunction.

  • April 29, 2016

    Pfizer Still Can't Compare Children's Advil To Tylenol In Ads

    Pfizer Inc. on Friday lost a bid to limit a 26-year-old ban on comparing its Advil products to McNeil-PPC Inc.’s Tylenol when a New York federal judge found that even pediatric versions of Advil that didn’t exist at the initial order are still covered by it.

  • April 29, 2016

    Oregon Tells 9th Circ. Immunity Blocks Oracle's IP Suit

    Oregon on Thursday urged the Ninth Circuit to reverse a district court's ruling that the state must face Oracle's copyright suit over allegedly not-paid-for work done on Oregon's health insurance exchange, arguing the state never waived its 11th Amendment immunity.

  • April 29, 2016

    Cubicin Patent Axing Doesn't Warrant Review, Justices Told

    Hospira has urged the U.S. Supreme Court not to review the invalidation of the asserted claims of four patents for Cubist Pharmaceutical’s blockbuster antibiotic Cubicin, arguing that the Federal Circuit followed legal precedent in affirming that they were obvious.

  • April 29, 2016

    WB, Legendary Stole King-Kong Pitch For New Film: Artist

    A pulp artist launched a contract suit in California court Thursday against Warner Bros. and Legendary Pictures alleging the film companies ripped off his copyrighted tale of King Kong’s origins on “Skull Island” for their upcoming reboot of the giant-gorilla monster movie franchise.

  • April 29, 2016

    Warner Bros. Sued Over 'War Dogs' Gun Runner Manuscript

    A Tampa-area entertainment company slapped a lawsuit against Warner Bros. Entertainment Inc. and other Hollywood heavyweights Thursday in Florida federal court, alleging they used a proprietary manuscript about the life of a so-called “gun runner” for their upcoming film, “War Dogs.”

  • April 29, 2016

    ITC Finds Imported Dental Implants Flouted Nobel Patents

    The International Trade Commission on Friday said that a dental supply company and its U.S. subsidiary imported dental implants that infringe on patents held by Nobel Biocare Services, prohibiting future entry of the products into the U.S.

  • April 29, 2016

    3 Employer Takeaways From The Defend Trade Secrets Act

    With President Barack Obama on the cusp of signing a bipartisan bill that offers companies greater access to federal court in trade secret cases, attorneys say employers need to prepare for the law’s other provisions, including a new requirement that employees be notified of their right to disclose trade secrets as part of government investigations.

  • April 29, 2016

    Law Firm Claims Jet Co., Counsel Lied In Court

    A law firm in a breach-of-contract suit against a company that allows users to book seats on private jets asked a Florida federal judge Thursday to impose “the harshest of sanctions” against Blackjet Technology Inc. for allegedly withholding discovery documents until near the eve of trial.

  • April 29, 2016

    Patent Row Fees Denied Over Post-Alice Uncertainty

    Though a Formfree Holdings Corp. patent asserted against a rival lender-software company was found invalid, Formfree need not pay the rival’s legal fees given the “unsettled” law on patent eligibility following the landmark Alice decision, a California federal judge has ruled.

  • April 29, 2016

    Fed. Circ.'s Pass On Patent Venue Sends Fight To Congress

    The Federal Circuit's resounding rejection Friday of a call for tighter venue rules in patent cases will definitely not be the last word on the contentious issue, but those seeking to keep patent suits out of the Eastern District of Texas must now set their sights on Congress, attorneys say.

  • April 29, 2016

    Brand Battles: Dentons, J&J, University of Texas

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Dentons aims to finally secure a trademark registration on its post-merger logo, Johnson & Johnson and Celestial Seasonings duel over "Sleepytime," and the University of Texas throws up the "horns."

  • April 29, 2016

    Attys Urge China To Limit Unfair Competition Law

    China's State Council should rethink part of a draft law on competition that would bar unfair trading if a company's actions take advantage "of its comparative advantage position," two sections of the American Bar Association said in a 44-page letter released on Friday, saying that it could limit negotiations that the bodies say stimulate competition.

  • April 29, 2016

    WWII Photog's Estate Says Corbis Owes $4M For Using Images

    Photo licensing company Corbis Corp. owes $4 million to an agent of Soviet World War II photographer Yevgeny Khaldei’s estate for using images from Khaldei’s collection without paying for them, according to a suit filed Thursday in a New York state court.

  • April 29, 2016

    IBM PTAB Win On Firewall IP Challenged At Fed Circ.

    Intellectual Ventures on Thursday urged the Federal Circuit to overturn a Patent Trial and Appeals Board decision that tossed a network security patent challenged by IBM, maintaining the board misread the patent.

  • April 29, 2016

    Fed. Circ. Restarts Inventor Dispute Over Auto Patent

    The Federal Circuit on Friday partially revived an inventorship dispute over methods of reducing nitrogen oxide emissions from internal combustion engines, and ordered a patent board revisit whether parts of a patent assigned to Daimler AG were valid.

  • April 29, 2016

    Icon Of IP: McKool Smith's Mike McKool

    Mike McKool always knew he would follow in the footsteps of his father — a Lebanese immigrant and trial lawyer who laid the foundation for his legal career — but his rise to the top of the intellectual property field was far more unexpected.

Expert Analysis

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • 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)