Intellectual Property RSS

  • April 16, 2014

    Ex-Gore Engineer Arrested Over Trade Secret Theft

    A former W.L. Gore & Associates Inc. engineer facing accusations that he stole trade secrets from the high-tech fabric company was ordered to home confinement on Monday following his arrest while allegedly attempting to flee the country, according to documents filed in Delaware district court.

  • April 16, 2014

    Glenmark Sues Sanofi To Clear Way For Antidiuretic

    Glenmark Generics Ltd. filed a complaint against Sanofi-Aventis U.S. LLC and Ferring BV in New Jersey federal court Friday, asking the court to help speed up regulatory approval of a generic version of an antidiuretic drug by affirming that it would not infringe on a Sanofi patent.

  • April 16, 2014

    Vt. AG's Suit Against 'Patent Troll' Sent To State Court

    A federal judge ruled Tuesday that a lawsuit by Vermont's attorney general accusing so-called patent troll MPHJ Technology Investments LLC of violating state consumer protection laws must be heard in state court, rejecting MPHJ's claim that the case hinged on federal patent law.

  • April 16, 2014

    Cygnus Shakes Attys' Fees In Endoscopy Kit Patent Suit

    A Washington federal judge shot down Medtrica Solutions Ltd. and Steris Corp.’s attempt to recover attorneys’ fees from Cygnus Medical LLC for an allegedly frivolous patent infringement suit over an endoscope precleaning kit, ruling Wednesday that Cygnus’ claims were not baseless.

  • April 16, 2014

    J&J Unit Bombs 6 Attempts To Ditch Humira Patent Suit

    A Massachusetts federal judge rejected six bids by Centocor Ortho Biotech Inc. to toss allegations that its rheumatoid arthritis drug Simponi infringes Abbott Biotechnology Ltd.’s Humira patents, ruling Wednesday that the Johnson & Johnson unit hasn’t shown the asserted patent claims are invalid.

  • April 16, 2014

    Sandoz Can't Pare Claim From Generic Remodulin Suit

    Sandoz Inc. can't trim a claim from a patent suit over a proposed generic version of United Therapeutics Corp.’s hypertension drug Remodulin, after a New Jersey federal judge Wednesday found basis for UTC’s claim that Sandoz induced physicians to infringe the patent.

  • April 16, 2014

    ITC Fines MaxLite For Flouting Consent Order

    The U.S. International Trade Commission has ruled that MaxLite Inc. violated a consent order in which it agreed to stop importing fluorescent dimmer technology that infringed a Neptun Light Inc. patent, according to a Federal Register notice posted Wednesday.

  • April 16, 2014

    Mars Not Sweet On Hershey's 'Fake' Maltesers Candy

    Mars Inc. on Tuesday accused competitor The Hershey Co. of using a “campaign of deception” to edge out its Maltesers candy line through its ownership of a confusingly similar trademark to make way for its competing line of Whoppers candy, according to Virginia federal court filings.

  • April 16, 2014

    MGM Can't Speed Up Discovery In James Bond Knockoff Suit

    A California federal judge on Monday refused to give Metro-Goldwyn-Mayer Studios Inc. expedited discovery in its lawsuit accusing NBCUniversal Media LLC of plotting a knockoff James Bond movie, saying Universal's early-stage film project didn't pose a sufficiently immediate threat to MGM.

  • April 16, 2014

    Stolen Roche Cancer Drug Tampered With, Reintroduced In EU

    The European Medicines Agency said on Wednesday that vials of F. Hoffmann-La Roche Ltd.’s breast and stomach cancer medicine Herceptin, thought to have been stolen from hospitals in Italy, have been tampered with and reintroduced into the market in some countries.

  • April 15, 2014

    Medtronic Judge Backs Up Ban As Case Heads To Fed. Circ.

    A Delaware federal judge released a written opinion Tuesday explaining that he had on Friday barred most U.S. sales of Medtronic Inc.'s allegedly infringing heart valve systems because rival Edwards Lifesciences AG was likely to win on the merits — a ruling Medtronic has already appealed to the Federal Circuit.

  • April 15, 2014

    Sheppard Mullin To Auction Delinquent Ex-Client's Patents

    A California judge on Tuesday approved Sheppard Mullin Richter & Hampton LLP's plan to auction off patents owned by ex-client Bluways Inc., which had failed to pay the firm $884,978 in fees per an agreement, acknowledging that the law firm hasn't found likely buyers and might have to purchase the patents itself.

  • April 15, 2014

    In Rare Feat, 2 Patents Emerge Unscathed From AIA Reviews

    In an apparent first for the new America Invents Act review proceedings, the U.S. Patent and Trademark Office on Friday affirmed every claim of two motion control software patents owned by Roy-G-Biv Corp. after completing an inter partes review.

  • April 15, 2014

    Key IPhone Patents Invalid, Samsung Experts Tell Jury

    Samsung Electronics Co. Ltd.’s patent experts shot holes Tuesday in Apple Inc.’s allegations that Samsung smartphones infringe five iPhone patents, telling a California federal jury that patents on the iPhone’s universal search, autocorrect and slide-to-unlock features are invalid because other companies invented them first.

  • April 15, 2014

    PTAB Judges Rap About Do's And Don'ts Of AIA Reviews

    With the filing of more than 1,200 petitions challenging patents under the America Invents Act's new proceedings, parties on both sides are making many common and avoidable mistakes, the judges dealing with those cases said at a forum Tuesday.

  • April 15, 2014

    FisherBroyles Fights Fellow Firm Over Trademarked Slogan

    Full-service law firm FisherBroyles LLP slammed Juris Law Group with a trademark suit in Georgia federal court Tuesday, accusing its fellow alternative model firm of infringing a mark for “the next generation law firm,” which FisherBroyles uses in its logo and JLG uses as a slogan.

  • April 15, 2014

    PTAB Says It's Not A 'Death Squad' For Patents

    The U.S. Patent Trial and Appeal Board said on Tuesday that it is not a “death squad” attempting to invalidate every patent undergoing administrative review, noting that only a small fraction of patents under inter partes review end up being completely invalidated.

  • April 15, 2014

    The Great Persuader: 7th Circ. Chief Judge Diane Wood

    Seventh Circuit Chief Judge Diane Wood talks to Law360 about managing a court in crisis, surviving two U.S. Supreme Court near-misses, and tailoring crafty dissenting opinions that can change the mind of even the staunchest of ideological opponents.

  • April 15, 2014

    2 Men Plead Guilty To Roles In Android App Piracy Schemes

    Two piracy group members admitted their roles in separate schemes to distribute copyrighted Android programs in Georgia federal court this week, the latest conviction in the government's ongoing mobile app piracy crackdown, according to authorities.

  • April 15, 2014

    Rohm & Haas Must Face Title VII Retaliation Claim In Pa.

    Rohm & Haas must face Title VII allegations that it retaliated against a former employee who started a competing research company, but it is not liable for claims that it breached a settlement agreement reached when she first left the company, a Pennsylvania federal judge ruled Monday.

Expert Analysis

  • Proving Harm In Trademark Cases Post-Herb Reed

    Beth Goldman

    The Ninth Circuit's recent decision in Herb Reed Enterprises LLC v. Florida Entertainment Management Inc. has shifted the balance against plaintiffs seeking a preliminary injunction in the trademark context to be in line with the trend in patent cases. The party seeking an injunction must proffer some evidence of irreparable harm, and can no longer rely on the presumption, say Beth Goldman and Daniel Justice of Orrick Herrington & Sutcliffe LLP.

  • A New Dimension In IP Law: 3-D Printing

    George Lewis

    The new world of 3-D printing raises many new and old questions about how to use intellectual property as part of a business model. Utility patents, copyrights, design patents and trade dress offer relevant, adaptable protection options, and each has its own set of pros, cons and considerations, say Paige Stradley and George Lewis of Merchant & Gould.

  • Beware 'Jewel' Risks In Lateral Partner Hiring

    Pamela Phillips

    Jewel litigation has been filed after every major law firm bankruptcy in the past 10 years, including Lyon & Lyon, Brobeck, Coudert, Thelen, Heller and Howrey. These lawsuits have produced years of litigation, with similar suits expected in the Dewey bankruptcy. Despite the legal uncertainties surrounding such claims, hiring firms can take steps now to minimize their Jewel risk for any lateral hire, say attorneys with Arnold & Porter LLP.

  • A Quick Guide To East Texas' Fast Track For Patent Cases

    Lionel Lavenue

    Some of the early commentary on the Eastern District of Texas' new alternative case management procedure for patent cases focused on how it might be “bad news” for some nonpracticing entities taking that approach. A deeper dive, however, reveals that, while Track B might benefit parties accused of infringing a patent in some situations, in others, it might even benefit parties asserting their patents, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Is TTAB Replacing Fraud With Lack Of Bona Fide Intent?

    Judith Grubner

    The Trademark Trial and Appeal Board has recently held that applicants did not possess an objectively supported “bona fide intent,” when there was little or no documentation to evidence a plan to use the mark in commerce at the time of application. Such scrutiny is at odds with the Lanham Act and U.S. Patent and Trademark Office regulations, say Judith Grubner and Kathleen Waitzman of Arnstein & Lehr LLP.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • Conjunction Junction: PTAB Tackles 'And/Or' In Claims

    Clifford Ulrich

    The Patent Trial and Appeal Board's recent decision in Ex Parte Gross sets forth its “preferred verbiage” for alternative claim limitations. While the PTAB indicated that “and/or” is acceptable, but disfavored, a patentee should take care when following this guidance, as the courts have read such claims much more narrowly, say Clifford Ulrich and Michael Turner of Kenyon & Kenyon LLP.

  • Licensee Estoppel: Practical Considerations

     Margaret Sampson

    Are contractual agreements by patent licensees not to challenge the validity of a licensed patent enforceable? Despite the regularity with which patentees confront this question, the answer is surprisingly unclear, say Margaret Sampson, Ajeet Pai and Jeff Gritton of Vinson & Elkins LLP.

  • SPCs — We Wait In Vain For Clarity From Europe

    Matthew Jones

    In Europe, patent holders can obtain compensation for regulatory delays in bringing a new medicinal product to market via the award of a supplementary protection certificate. The system was intended to be clear and easy to implement, but after more than 20 years, courts and practitioners remain unsure as to how key terms in the legislation are to be interpreted, despite three recent EU Court of Justice judgments, say Matthew Jones and Andrew Sharples of EIP.

  • Keep Your Audience From Checking Email: 5 Legal Talk Tips

    Michael H. Rubin

    Why do the majority of speakers get polite claps at the end of their talks while a few select others receive rousing applause? Having given more than 375 presentations to legal groups, bar associations, Fortune 500 companies and corporate gatherings, I’ve learned a few things about what not to do. Remember, great speakers don’t tell “war stories.” They don’t even give examples from their own practice, says Michael Rubin of McGlinchey Stafford PLLC.