Intellectual Property

  • September 16, 2014

    FDA Clears Up 'Refuse To Receive' Rules For Generics

    The U.S. Food and Drug Administration on Tuesday delivered on a promise to better explain its policies for refusing to accept generic-drug applications for review, revising and clarifying a number of proposals issued last year.

  • September 16, 2014

    Motorola Asks 9th Circ. To Reverse Landmark RAND Ruling

    Motorola Inc. asked the Ninth Circuit Monday to reverse a decision that it breached an obligation to license its standard-essential patents to Microsoft Corp. on fair terms, saying the judge made a "cascade of errors," including his landmark decision setting a royalty rate for the patents.

  • September 16, 2014

    NY Antitrust Suit Tests Key Tactic Of Brand-Name Drugmakers

    New York’s lawsuit this week accusing Actavis PLC and Forest Laboratories LLC of discontinuing a popular dementia drug’s original version in order to switch patients to a newer version with extended patent protection will be a major test of whether that strategy of "product hopping” is anti-competitive, attorneys say.

  • September 16, 2014

    Judge Nixes 'Patent Troll' MPHJ's Suit To Block FTC Inquiry

    A Texas federal judge on Tuesday tossed so-called patent troll MPHJ Technology Investments LLC's suit alleging the Federal Trade Commission's investigation into its allegedly deceptive demand letters is unconstitutional, ruling that the company can't sue over an incomplete investigation.

  • September 16, 2014

    FTC's Ohlhausen Troubled By China's Antitrust Law

    The Federal Trade Commission's Maureen Ohlhausen said Tuesday she was worried for the future of antitrust law in China, amid the country's apparent break with international standards by factoring noncompetition concerns into merger reviews and using antitrust to undermine the value of intellectual property.

  • September 16, 2014

    Schlumberger To Appeal Ex-GC's Award In Trade Secret Case

    Schlumberger Ltd. said Monday it plans to appeal a $600,000 award entered against it after a Texas judge threw out the majority of a lawsuit the company had filed accusing its former chief intellectual property lawyer of sharing trade secrets with Acacia Research Group.

  • September 16, 2014

    Web Retailer Zazzle Latest To Be Sued Over 9/11 Photo

    The New Jersey newspaper publisher that owns the famous — and copyrighted — photo of firemen raising an American flag on 9/11 lodged another lawsuit Monday, this time against custom merchandise retailer Zazzle.com.

  • September 16, 2014

    Fed. Circ. Nixes Boston Scientific Appeal In Stent IP Case

    Boston Scientific Corp. will face a trial in a doctor's suit seeking royalties under a license agreement for coronary stent patents, since the Federal Circuit on Tuesday refused to consider the company's interlocutory appeal of a decision keeping the case alive after the patents were canceled in re-examination.

  • September 16, 2014

    TTAB Confusion Rulings Don't Shut Out Courts, Justices Told

    The International Trademark Association has jumped into the pending U.S. Supreme Court case of B&B Hardware Inc., urging the justices to rule that Trademark Trial and Appeal Board rulings on “likelihood of confusion” don't preclude a federal court from weighing the issue.

  • September 16, 2014

    Home Depot Seeks End To Copyright Suit Over Display Images

    Home Depot USA Inc. on Tuesday moved to dismiss a lawsuit filed by graphic design business Virtual Studios Inc. alleging that photo displays marketing carpets at the home improvement store violate its copyrights, arguing that a $1.95 million jury award in a related case blocks the current lawsuit.

  • September 16, 2014

    Apple's $368M VirnetX Patent Loss Junked By Fed. Circ.

    The Federal Circuit partly affirmed a verdict that Apple Inc. infringed VirnetX Inc.'s network security patents, but vacated the jury's $368 million damages award, ruling Tuesday that VirnetX's damages expert relied on flawed theories that "tainted" the verdict.

  • September 16, 2014

    6th Circ. Affirms Tim McGraw's Song Copyright Win

    The Sixth Circuit on Monday rejected attempts to revive a copyright infringement suit against country singer Tim McGraw over his 1997 hit “Everywhere,” ruling another songwriter could not claim McGraw had a chance to hear his song through a web of personal acquaintances.

  • September 16, 2014

    Target, Swatch Near Settlement In Trade Dress Suit

    Target Corp. and Swatch AG are nearing a settlement in a trade dress infringement suit accusing the retail giant of selling knockoff watches, attorneys for the parties told a New York federal judge Tuesday.

  • September 16, 2014

    Hasbro Blasts Film Co. As Dungeons & Dragons IP Trial Opens

    Hasbro Inc. on Tuesday opened the California federal bench trial of its suit alleging production company Sweetpea Entertainment Inc.'s proposed Dungeons & Dragons movie infringes Hasbro's intellectual property by telling a judge that Sweetpea “squandered” its sequel rights by making low-quality, direct-to-TV sequels to its disappointing 2000 D&D film.

  • September 16, 2014

    Disney Says Pa. Theater Stole The Shows, Characters, Songs

    The Walt Disney Co. on Monday urged a Pennsylvania federal court to rule that Pennsylvania-based American Music Theatre committed copyright and trademark infringement when the company staged a revue of Broadway highlights that included properties such as “Spider-Man,” “The Lion King” and “Marry Poppins.”

  • September 16, 2014

    Shire Sues CorePharma Over Plans For Generic Adderall

    Shire LLC has fired off a lawsuit against CorePharma LLC in New Jersey federal court, alleging the company will infringe a pair of patents that cover its widely used attention deficit drug Adderall XL by selling a generic version.

  • September 16, 2014

    Siga Files Ch. 11 After Losing Rival's Botched-Merger Suit

    Defense contractor Siga Technologies Inc. filed for bankruptcy in New York court Tuesday, saying a potential $232 million judgment owed to rival PharmAthene Inc. stemming from a failed merger and subsequent licensing litigation would hamper its ability to manufacture smallpox drug Tecovirimat for the nation's stockpile.

  • September 16, 2014

    Music Licensing Co. To Settle TV Stations' Antitrust Suit

    Performing rights organization SESAC LLC has agreed to settle a proposed antitrust class action brought by a group of local TV stations over its licensing practices and alleged monopolization of the market for certain song rights, according to a letter filed in New York federal court Monday.

  • September 16, 2014

    Novartis Sues Generics Maker Over Organ Rejection Drug

    Novartis Pharmaceuticals Corp. hit Roxane Laboratories Inc. with a patent infringement suit in Delaware federal court Tuesday in an effort to block a generic version of Zortress, a medication used to treat organ transplant recipients.

  • September 16, 2014

    Teva Again Tells High Court To Nix Claim Construction Rule

    Teva Pharmaceuticals USA Inc. has urged the U.S. Supreme Court to ignore Sandoz Inc. and Mylan Inc.'s argument to uphold a ruling that found several patents for Teva's multiple sclerosis drug Copaxone invalid, saying that the Federal Circuit’s practice of reviewing claim constructions fresh on appeal is incorrect.

Expert Analysis

  • AIA Section 102 — Simplified

    Paul Morgan

    Section 102 is perhaps the most important provision of the America Invents Act — but, not surprisingly, it is not a model of plain English. I attempted to rewrite it in simpler, shorter language for easier understanding, says Paul Morgan, former assistant chief patent counsel at Xerox Corp.

  • Post-Nautilus Most Indefinite Patent Challenges Fail

    John T. Gutkoski

    Since the U.S. Supreme Court issued Nautilus Inc. v. Biosig Instruments Inc. and adopted the new “reasonable certainty” standard for finding patent claim terms indefinite, courts have found the vast majority of claim terms to be sufficiently definite — whether viewed on a case-by-case or term-by-term basis, the vast majority of indefiniteness challenges have failed, say attorneys at Hiscock & Barclay LLP.

  • Patent Armoring Via Reissue Proceedings

    Gaby L. Longsworth, Ph.D.

    Reissue offers a patentee several strategic options and may be a useful weapon in a patentee's arsenal to strengthen its patents before they are attacked, say members of Sterne Kessler Goldstein & Fox PLLC.

  • Takeaways For Generics After Octane And Highmark

    Charles J. Andres Jr.

    The U.S. Supreme Court’s replacement of a “rigid” circuit court rule in Highmark Inc. v. Allcare Health Management System Inc. and Octane Fitness LLC v. Icon Health & Fitness Inc. with a more flexible standard has ample precedent, thus although fee-shifting awards as an equitable remedy should still be the exception we anticipate their frequency to increase, say attorneys at Wilson Sonsini Goodrich & Rosati PC.

  • A Powerful Patent Prosecution Tool: Challenging Assertion

    Christopher Hall

    A patent examiner makes an assertion in an office action that seems disconnected from the facts at hand. You present an alternative, but the discussion is simply swept aside by the examiner. There is a sometimes overlooked formal mechanism that we find very effective in cases with, shall we say, challenging examination, says Christopher Hall of Womble Carlyle Sandridge & Rice LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • IP Has To Learn How To Survive In A 3D-Printable World

    Bradley Ellis

    Desktop 3D printing is experiencing rapid triple-digit growth. This manufacturing revolution will severely test the current legal regime for protection of intellectual property and brand names in much the same way the advent of the digital age challenged the music, film and publishing industries, says Bradley Ellis of Sidley Austin LLP.

  • 2nd Circ. Limits Monopolist Duty To Deal With Competitors

    John Elliott

    In the recent Adderall XR case, a Second Circuit panel ruled that an alleged monopolist patent-holding drug manufacturer’s alleged breach of an agreement to supply a patented drug to competing manufacturers did not violate the Sherman Act. This decision provides yet another illustration of the limits of the U.S. Supreme Court's decision in Aspen Skiing, say John Elliott and Irving Scher of Greenberg Traurig LLP.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.

  • Now Arriving: New Wave Of Patent Validity Challenges

    Clifton E. McCann

    The first petition for post-grant review was filed in the U.S. Patent and Trademark Office on Aug. 5, 2014. Despite the delayed start, these proceedings will help challengers resolve disputes and open new markets, says Clifton McCann of Thompson Hine LLP.