Intellectual Property

  • December 2, 2016

    PTAB Upholding Eye Solution IP Shows Post-Grant Challenges

    The Patent Trial and Appeal Board broke new ground when it upheld an eye solution patent challenged in post-grant review, a decision that highlights some of the challenges petitioners face in the little-used America Invents Act proceeding, particularly when relying on prior art that is not a printed publication.

  • December 2, 2016

    Justices To Decide If Hague Treaty Allows Service By Mail

    The U.S. Supreme Court on Friday decided to hear an appeal over whether service of process abroad by mail is allowed under the Hague Service Convention, reviving a trade secrets case six months after the Texas Supreme Court declined to hear it.

  • December 2, 2016

    Royalty Order Looms In Power Integrations Del. Patent Row

    A bitter, multiyear, multicourt patent war between Fairchild Semiconductor Corp. and Power Integrations Inc. edged forward in Delaware late Friday, with a federal judge rejecting a permanent injunction against PI’s use of a Fairchild patent but saying he would shortly order — and consider increasing — royalty payments.

  • December 2, 2016

    Garvey Schubert Pays 50 Cent $14M To End Malpractice Suit

    Garvey Schubert Barer has agreed to pay rapper 50 Cent $14.5 million to settle his malpractice claim alleging the firm's attorneys botched their representation of him in licensing negotiations and arbitration disputes with a headphones maker in which the bankrupted entertainer had invested.

  • December 2, 2016

    LG, Sony, Others Get Technology Patent Nixed As Abstract

    A California federal judge has invalidated the asserted claims of a technology aggregation patent that Huawei, LG, Sony and other smartphone manufacturers had allegedly infringed, finding the claims to be abstract under the U.S. Supreme Court's Alice ruling.

  • December 2, 2016

    Nvidia's 3-D Glasses Infringe Filmmaker's Patents, Suit Says

    Computer graphics technology company Nvidia Corp. on Thursday was hit with a patent infringement suit assigned to always busy Eastern District of Texas Judge Rodney Gilstrap, with the suit alleging Nvidia’s 3-D glasses copy technology invented by an experimental filmmaker.

  • December 2, 2016

    Allergan Strikes Deal With Zydus In Colitis Drug IP Suit

    Global pharmaceutical firm Allergan PLC has entered into a settlement with drugmaker Zydus Pharmaceuticals USA Inc. and Cadila Healthcare Limited in litigation over a patent covering Allergan’s Delzicol, a drug used to treat ulcerative colitis, Allergan said in a statement Friday.

  • December 2, 2016

    5th Circ. Reverses $340M Antitrust Ruling Against Syringe Co.

    The Fifth Circuit on Friday tossed an antitrust verdict against Becton Dickinson & Co. in a suit that awarded rival syringe maker Retractable Technologies Inc. $340 million, calling monopolization claims “infirm as a matter of law” but finding false advertising liability and remanding for redetermination of damages.

  • December 2, 2016

    IP MVP: Steptoe & Johnson's Michael Allan

    Steptoe & Johnson LLP partner Michael J. Allan won a closely watched music copyright case against Cox Communications and continued to represent top fashion brands in trademark matters, landing him a spot on Law360's list of Intellectual Property MVPs.

  • December 2, 2016

    PTAB Rejection Of Microscope Device IP Upheld By Fed. Circ.

    The Federal Circuit on Friday upheld the U.S. Patent and Trial Appeal Board’s decision to invalidate claims in two of Dako Denmark’s patents related to microscope slide stainer devices, agreeing that other inventions made the intellectual property claims either anticipated or obvious.

  • December 2, 2016

    High Court Agrees To Hear Case On Patent Exhaustion Rules

    The U.S. Supreme Court decided Friday to hear a case involving Lexmark over patent exhaustion standards, agreeing to review the Federal Circuit’s holding that foreign sales never exhaust U.S. patent rights and that post-sale restrictions on patented items are permissible.

  • December 2, 2016

    Mass. Appeals Court Nixes Drug Royalty Suit

    The Massachusetts Appeals Court on Friday upheld the dismissal of unfair practices claims that a quasi-state entity had brought against AstraZeneca subsidiary MedImmune LLC over a separate royalty lawsuit in Maryland.

  • December 2, 2016

    Trump May Yield Pullback On IP, Antitrust Enforcement

    U.S. antitrust watchdogs may become less aggressive on mergers and intellectual property issues under the incoming Trump administration as conservative antitrust veterans like Josh Wright and Maureen Ohlhausen look primed to play a key role in shaping enforcement.

  • December 2, 2016

    Wal-Mart Hit With $32M Trademark Loss Over 'Backyard' Brand

    A North Carolina federal judge has ordered Wal-Mart to pay $32.5 million for selling a line of “Backyard BBQ” products that “deliberately” infringed the “Backyard” trademark rights of a small Southern discount chain.

  • December 2, 2016

    Publisher Wants Judgment On 'Whoomp!' Rights Ownership

    The Chapter 7 trustee for the music publisher that hit bankruptcy after a $2.2 million judgment over the song “Whoomp! (There It Is)” has urged a Florida federal judge to declare that it, and not hip-hop group Tag Team, holds certain copyrights for the song.

  • December 2, 2016

    Eli Lilly Challenges Apotex's Proposed Cialis Generic

    Apotex Inc. is infringing a patent held by Eli Lilly & Co. subsidiary Icos Corp. by applying to make a generic version of Lilly's blockbuster sexual dysfunction drug Cialis, the branded drug maker told a Virginia federal court.

  • December 2, 2016

    Jones Day Adds IP Litigator To Its Paris Office

    Jones Day has added an intellectual property litigator previously with Véron & Associés as a partner in its Paris office, the firm announced Thursday.

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    Wu-Tang Clan Hit With $2.5M Royalty Suit By Member U-God

    A founding member of the Wu-Tang Clan is suing the rap group in New York court for not paying him his fair share of royalties, including from a rare one-off album infamously auctioned to pharmaceutical executive Martin Shkreli.

  • December 1, 2016

    Polaris Urges Fed. Circ. To Revive ATV Patent

    The Patent Trial and Appeal Board improperly relied on hindsight to invalidate the asserted claims of a Polaris patent covering a design for an all-terrain vehicle, as the design was inventive because it packaged known components in an entirely new way, the company told the Federal Circuit on Wednesday.

Expert Analysis

  • Innovate Bigly? — Patent Reform Under @realDonaldTrump

    Lionel M. Lavenue

    Many commentators have stated that President-elect Donald Trump has yet to take a clear stance regarding patents and intellectual property. However, his Twitter account holds many hints as to his possible intellectual property priorities, say attorneys from Finnegan Henderson Farabow Garrett & Dunner LLP.

  • REBUTTAL: Busting The Myth Of Unlimited RCEs

    Robert R. Sachs

    The problem of “unlimited” requests for continued examination is a myth. While it is true that the patent statute does not limit the number of RCEs, the reality of patent examination and prosecution results in a negligible number of high count RCE patents, and they have no impact on the patent litigation landscape, says Robert Sachs of Fenwick & West LLP.

  • What's At Stake In High Court's Life Tech Patent Case

    Wayne Stacy

    The U.S. Supreme Court could soon put its stamp of approval on a Federal Circuit decision that significantly expanded the extraterritorial reach of U.S. patent law. Life Technologies v. Promega — set for oral argument next week — may become a direct threat to U.S. manufacturers and exporters, say Wayne Stacy and Jay Schiller of Baker Botts LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • 8 Important Upcoming TTAB Rule Changes

    Josh Dalton

    The Trademark Trial and Appeal Board will implement several rule changes in January. The amendments are a welcome attempt at taking practical steps to improve the overall quality and efficiency of TTAB proceedings, say Josh Dalton and Peter Byrne of Morgan Lewis & Bockius LLP.

  • Emerging Sports — A Decathlon Of Legal, Business Issues

    Brian R. Socolow

    While you may never have heard of rugby sevens or drone racing, these and many other emerging sports generate tens of billions of dollars annually. These new games regularly face challenges around leadership and organizational structures, intellectual property protection, and television and broadcast rights, among others, says Brian Socolow of Loeb & Loeb LLP.

  • Comparing Patent Quality At The USPTO And EPO

    Colleen Chien

    In this latest article in an ongoing series on patent quality, Professor Colleen Chien of Santa Clara University School of Law and Professor Jay Kesan of University of Illinois College of Law provide a snapshot of comparative patent inputs, processes and outcomes at the European Patent Office and U.S. Patent and Trademark Office.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • A Look At The On-Sale Bar: Part 2 — Best Business Practices

    Alex Chan

    After discussing the heated debate in Helsinn surrounding the applicability of the post-America Invents Act on-sale bar to private and secret sales, Alex Chan of Tensegrity Law Group LLP offers several ways to minimize companies’ and inventors’ legal exposure to the on-sale bar for their inventions.

  • A Look At The On-Sale Bar: Part 1 — The Helsinn Debate

    Alex Chan

    A case pending before the Federal Circuit — Helsinn v. Teva — could provide much-needed clarity on the on-sale bar’s applicability to secret sales in the post-America Invents Act era, says Alex Chan of Tensegrity Law Group LLP.