Intellectual Property

  • January 28, 2015

    EU Trade Chief Aims To Pull Down Chinese Investment Hurdles

    The European Union's top trade official on Tuesday continued to stump for the removal of numerous Chinese investment barriers, including the forced transfer of technology and intellectual property, which will be critical as the two sides' talks for a bilateral investment pact move into a more serious phase.

  • January 28, 2015

    Adaptix Ramps Up AT&T, HTC Patent Feud Despite Setback

    Adaptix Inc. has accused AT&T Mobility LLC and HTC Corp. of infringing two of its data encoding patents with their 4G LTE wireless network, just days after a California federal judge ruled that parts of those patents were invalid in a separate suit also targeting AT&T and HTC.

  • January 28, 2015

    Medtronic Unit Gets Another Bosch Teleleath Patent Nixed

    The Patent Trial and Appeal Board on Tuesday ruled that a Robert Bosch Healthcare Systems Inc. telehealth technology patent is invalid as obvious, nixing a fourth patent that Bosch has accused competitor Medtronic Inc. unit Cardiocom LLC of infringing.

  • January 28, 2015

    Quincy Jones Slams Sony Over Docs In 'Bad' Royalties Row

    Legendary music producer Quincy Jones told a California judge on Wednesday that Sony Music Entertainment and Michael Jackson's production company are wrongfully withholding partnership agreement documents in Jones' $10 million suit alleging that Sony cheated him out of royalties on "Bad," "Thriller" and "Off the Wall."

  • January 28, 2015

    DOD Accused Of Infringing On Humvee Patent

    An automotive designer sued the government in the U.S. Court of Federal Claims on Tuesday, alleging that the USA infringed his patent for Humvee frame rail assembly by contracting to buy Humvees from an infringing manufacturer, AM General LLC.

  • January 28, 2015

    Airbus Gets Bell Helicopter Sales Halted In IP Row

    A D.C. federal judge ordered Bell Helicopter Textron Inc. to stop making or selling helicopters with infringing landing gear on Thursday, granting a permanent injunction requested by patent owners Airbus Helicopters and finding the company may suffer future harm in the form of lost sales.

  • January 28, 2015

    Hormel Ducks Trade Secret Claim Over Patented Bacon Process

    An Oklahoma company that's suing Hormel Food Corp. in Minnesota federal court for allegedly ripping off a special process for cooking bacon was reminded Tuesday of an “axiomatic” limitation to intellectual property law: A patented idea cannot also be a trade secret.

  • January 27, 2015

    Calif. Appeals Court Backs Authors Of Ozzy Guitarist Book

    A California appeals court ruled Monday that the authors of a book on deceased Ozzy Osbourne guitarist Randy Rhoads had a First Amendment right to publish it despite claims by Rhoads' family that they used materials provided solely for a documentary film.

  • January 27, 2015

    Sly Stone Wins Contract Suit Against Ex-Manager, Atty

    A California jury on Tuesday awarded at least $2.5 million to Sly Stone, finding that the company owned by the rock legend’s former manager Gerald Goldstein and attorney Glenn Stone breached its employment agreement with the singer.

  • January 27, 2015

    Jury Says Rox Willfully Infringed Quiksilver's Roxy Mark

    A California federal jury has found that volleyball uniform maker Rox Volleyball Inc. intentionally infringed Quiksilver Inc.'s trademark for its Roxy line of women's clothing, swimwear and accessories, causing dilution of the trademark.

  • January 27, 2015

    Fed. Circ. Backs PTAB On Nonobvious Paint-Mixing Patent

    The Federal Circuit on Tuesday affirmed a Patent Trial and Appeal Board finding that a Sulzer Mixpac AG patent on a device that mixes and dispenses paint is not obvious, rejecting rival Plas-Pak Industries Inc.'s argument that the patent claims were invalidated by prior art.

  • January 27, 2015

    Mr. Softee Freezes Queens Impostors In Trademark Case

    A New York federal judge granted permanent injunctive relief Monday to Mister Softee Inc. in its trademark suit against three Queens-based ice cream vendors for allegedly selling ice cream from trucks substantially similar in appearance to Mister Softees’.

  • January 27, 2015

    USPTO Examples Show What Passes Muster Under Alice

    The U.S. Patent and Trademark Office released a list of examples Tuesday applying the U.S. Supreme Court's Alice decision to hypothetical patents, which attorneys say illustrates some of the computer-related inventions that can survive challenges under the ruling restricting the eligibility of patents involving abstract ideas.

  • January 27, 2015

    Sandoz, Mylan Lose Bid For Speedy Copaxone Remand

    U.S. Supreme Court Justice Stephen Breyer on Monday rejected a bid by Sandoz Inc. and Mylan Inc. to expedite the remand of a patent case against them over generic versions of Teva Pharmaceuticals USA Inc.'s multiple sclerosis drug Copaxone following a recent high court ruling on claim construction.

  • January 27, 2015

    IP Group Of The Year: Gibson Dunn

    Gibson Dunn's intellectual property group convinced the U.S. Supreme Court to side with Nautilus Inc. in a ruling that made it easier to prove patent claims invalid for indefiniteness and scored another high court win for CLS Bank International in 2014, landing the team its second consecutive spot among Law360's IP Practice Groups of the Year.

  • January 27, 2015

    House GOP Unveils Sweeping FDA Overhaul

    House Republicans on Tuesday released a 400-page draft bill that would dramatically overhaul U.S. Food and Drug Administration oversight of prescription drugs and medical devices, offering extra exclusivity, more leeway for promotion, relaxed clinical trials and accelerated approvals.

  • January 27, 2015

    Urging Focus, Fla. Judge Sends Egg Cooker IP Spat To Jury

    A Florida federal judge denied summary judgment Tuesday to a kitchenware maker in a former business partner's patent infringement and breach of contract suit over a vertical egg cooker he invented, strongly advising the parties to think hard about the case's direction.

  • January 27, 2015

    McDermott Snags Health IT Pro From Mintz Levin

    McDermott Will & Emery LLP said Tuesday that a former Mintz Levin Cohn Ferris Glovsky & Popeo PC attorney who recently consulted on Massachusetts’ negotiations with its health insurance exchange IT vendor has joined the firm as a partner, adding health information technology expertise to McDermott's Boston office.

  • January 27, 2015

    Boehringer, Amneal Strike Deal To End Aggrenox Patent Row

    Boehringer Ingelheim Pharmaceuticals Inc. on Monday agreed to dismiss its New Jersey federal suit accusing Amneal Pharmaceuticals LLC of patent infringement over its generic version of stroke-prevention drug Aggrenox, saying they have reached a licensing deal.

  • January 27, 2015

    Weintraub Hires Ex-Covington Partner To Head IP Practice

    California firm Weintraub Tobin has snagged a former Covington & Burling LLP partner, who will become a Weintraub shareholder and chair of the firm's intellectual property group, the firm announced this month.

Expert Analysis

  • Reflections On The Remarkable Rise Of Orphan Drugs

    Charles J. Andres

    Despite receiving an initially cool reception in the early 1980s, orphan drugs are increasingly important to pharmaceutical companies and patients with rare diseases and the Orphan Drug Act's incentives, along with potentially strong marketplace rewards and largely unmet medical needs, are important drivers of orphan drug growth, say attorneys at Wilson Sonsini Goodrich & Rosati PC.

  • The Trouble With Commil Is DSU

    Brian Coggio

    The Federal Circuit's decision in Commil USA LLC v. Cisco Systems extends DSU’s holding — that a good-faith belief in noninfringement negates the intent requirement of § 271(b) — to a good-faith belief in a patent’s invalidity. But it is not clear that, in the cases relied upon by DSU, an intent to induce actionable infringement is required in the first instance, say Brian Coggio and Ron Vogel of Fish & Richardson PC.

  • How To Fix College Football's Legal Issues

    James Gulotta Jr.

    Baseball and basketball players have professional employment opportunities at an early age — there is no reason why football players should not have similar opportunities. If the National Football League's three-season waiting rule were lifted, much of the confusion affecting college football resolves into clarity, says James Gulotta Jr. of Stone Pigman Walther Wittmann LLC.

  • Takeaways From Indian Court Ruling In Symed V. Glenmark

    Robert Silver

    The Delhi High Court's recent ruling in Symed Labs Ltd. v. Glenmark Pharmaceuticals Ltd. provides immense evidentiary guidance to plaintiffs seeking an injunction for violation of a process patent, says Robert Silver of Caesar Rivise Bernstein Cohen & Pokotilow Ltd.

  • And Now A Word From The Panel: 2014 JPML Practice Trends

    Alan E. Rothman

    At its December session, the Judicial Panel on Multidistrict Litigation considered the second attempt by a distributor of dietary supplements to create an MDL proceeding, raising the prospect of the first Hawaii MDL proceeding in nearly 20 years. But as we gear up for the panel hearing on Thursday, let's also consider how JPML trends of 2014 compare with prior years, says Alan Rothman of Kaye Scholer LLP.

  • Secret Patent-Examination Program: Rare But Consequential

    Kate Gaudry

    The fact that the number of applications subjected to the U.S. Patent and Trademark Office's Sensitive Application Warning System program is relatively low does not alter the fact that the program is highly questionable under constitutional and administrative law norms, say Kate Gaudry and Adam Charnes of Kilpatrick Townsend & Stockton LLP.

  • Brand Owners Can Make Trademark Tacking Stick

    Mark Mutterperl

    The U.S. Supreme Court’s recent unanimous decision in Hana Financial Inc. v. Hana Bank — the court’s first substantive trademark decision in a decade — brings the relatively unknown tacking doctrine to the forefront of the debate over how to protect marks that subtly evolve over the course of decades, say attorneys with Bracewell & Giuliani LLP.

  • USPTO And Courts Must Clarify Design-Utility Boundary

    Yin Huang

    Missing from the newfound enthusiasm for design patents is sufficient attention to the legal relationship between design patents and their utility-oriented cousins, says Yin Huang of Charles Colman Law PLLC.

  • 'IPA' Really Could Have Been A Trademark For Beer

    Steven Klein

    Can one brewery sue another to stop it from using a stylized version of “IPA,” a familiar acronym for the popular style of beer known as India Pale Ale? As you may have heard, the Lagunitas Brewing Co. just tried — and it didn’t go so well. But things could have worked out very differently if Lagunitas had raised its claims back in 1995, says Steven Klein of Stoel Rives LLP.

  • Top 5 Developments In Reverse Payments Over The Last Year

    Ryan Marth

    Last year, the reverse payments conversations grew hotter with courts divided and the law evolving. What is more, those conversations have caught on abroad, with developments occurring in Europe and Canada. 2015 will better define what is and is not an illegal reverse payment, say Ryan Marth and Matthew McFarlane of Robins Kaplan LLP.