Intellectual Property

  • July 24, 2014

    FDA Accepts First Biosimilar Application From Novartis Unit

    Novartis AG unit Sandoz Inc. announced Thursday that the U.S. Food and Drug Administration is reviewing its request to market a biosimilar version of Amgen Inc.'s Neupogen, a milestone that marks the first publicly disclosed application along an Affordable Care Act approval pathway.

  • July 23, 2014

    5th Circ. Sides With Anheuser, Jets In 'Ultimate Fan' Row

    The Fifth Circuit on Wednesday held that sports marketing company Action Ink Inc. had abandoned a service mark to use the phrase “Ultimate Fan” in the context of promotional contests at sporting events, affirming lower court decisions in favor of Anheuser-Busch Inc. and New York Jets LLC.

  • July 23, 2014

    Jury In Fujitsu Patent Row Hands Victory To Tellabs

    An Illinois federal jury on Wednesday decided that Fujitsu Network Communications Inc. breached an agreement that it was willing to grant a license of its patent covering optical communications systems, giving Tellabs Inc. a victory in the companies' long-running infringement battle.

  • July 23, 2014

    Twitter, Others Dodge TQP's Encryption Patent Suits

    A Texas federal judge on Wednesday tossed two infringement suits that patent-holding company TQP Development Inc. lodged against Twitter Inc., LinkedIn Corp., Hertz Corp. and others over a patent covering data encryption technology, ruling TQP had to seek their dismissal pursuant to settlement agreements.

  • July 23, 2014

    2 KFI Trade-Theft Accomplices Sentenced To Probation

    A California federal judge on Wednesday sentenced two accomplices of disgraced Korn/Ferry International recruiter David Nosal to one year of probation each, finding that their cooperation helped the firm secure Nosal's conviction for hacking, stealing trade secrets and conspiring to use proprietary information.

  • July 23, 2014

    USPTO Defends Inter Partes Reviews As Constitutional

    The U.S. Patent and Trademark Office fired back Wednesday in Virginia federal court at a suit by a patent licensing company and an inventor claiming that the USPTO's inter partes review process is unconstitutional, by arguing that the process meets constitutional muster and that the Federal Circuit has rejected two similar suits.

  • July 23, 2014

    Apple Defends $2M Award For Quinn Emanuel, Samsung Leak

    Firing back at efforts by Quinn Emanuel Urquhart & Sullivan LLP and Samsung Electronics Co. Ltd. to reduce $2 million in sanctions against them for disclosing confidential details of a patent license, Apple Inc. and Nokia Corp. said Tuesday that the order is appropriate for the misconduct.

  • July 23, 2014

    Privacy Suit Can't Halt NOAA Satellite Contract, Judge Rules

    A Maryland federal judge on Tuesday rejected a bid by Science Systems and Applications Inc. to halt a National Oceanic and Atmospheric Administration satellite contract award because of claims the agency leaked the company's proprietary information, saying the company hadn’t shown it was likely to win the case.

  • July 23, 2014

    Rare Fed. Circ. Reversal Spurs Trial On Inequitable Conduct

    A rare case where the Federal Circuit reversed a finding that a patent owner did not commit inequitable conduct, despite a tough new standard for proving that defense, will be back before a district court judge for a bench trial on the issue next week.

  • July 23, 2014

    Amazon Must Show Time Sheets To Get Fees In Kindle IP Row

    A Delaware federal judge on Wednesday reiterated that Inc. was entitled to attorneys’ fees that the e-commerce giant racked up while defending itself from infringement claims related to a book memory device patent, but said the company needed to support its request with time sheets.

  • July 23, 2014

    Volvo Escapes Patent Suit Over Integrated Booster Seats

    A New Jersey federal judge on Wednesday threw out a patent infringement case brought against Volvo Car Corp. by a nonpracticing entity, saying the company doesn’t infringe a convertible child safety seat patent through the production of its "integrated booster seats" that are built into some Volvo models.

  • July 23, 2014

    Sony Calls Suit Over Shakira Song An 'Utter Fabrication'

    Sony Music Entertainment called “an utter fabrication,” claims that Shakira stole her 2010 hit “Loca” from an earlier song, saying Tuesday that the purported songwriter had previously admitted that he didn’t write the song.

  • July 23, 2014

    Pharrell, Thicke Slam Gaye Heirs' Claim To 'Blurred Lines'

    Robin Thicke and Pharrell Williams formally asked a federal judge Tuesday to rule that their megahit “Blurred Lines” didn't steal any copyrighted material from R&B legend Marvin Gaye, saying the dispute only happened because Gaye's children “smelled money.”

  • July 23, 2014

    Apotex Blocked From Continuing Generic Paxil Sales

    A New Jersey federal judge on Tuesday issued an injunction to block generic-drug manufacturer Apotex Inc. from continuing to sell generic Paxil CR in violation of rival Mylan Inc.'s exclusivity agreement with GlaxoSmithKline PLC, which was barred last week from supplying Apotex with the drug.

  • July 23, 2014

    Monster Looks To Sabotage $1.7M Beastie Boys Win

    Monster Energy Co. asked a New York federal judge Tuesday to invalidate a $1.7 million jury verdict in a copyright infringement suit brought by the Beastie Boys over unauthorized use of their songs in a Monster promotional video, claiming insufficient evidence exists to support the jury’s findings.

  • July 23, 2014

    Apple Sheds Patent Suit Over GarageBand App

    A California federal judge on Wednesday agreed to dismiss Seer Systems' suit over Apple Inc.'s GarageBand application, which Seer claimed infringed its music file patent.

  • July 23, 2014

    Locke Lord Adds Norton Rose IP Litigator To Houston Office

    Locke Lord LLP said Wednesday it has bolstered its intellectual property department and IP litigation practice group in its Houston office with the addition of a former Norton Rose Fulbright attorney who has experience representing clients in the energy and technology industries.

  • July 23, 2014

    Traffic Tech Co. Wants $5M Ruling Stayed To Skirt Bankruptcy

    Traffic technology companies and their founder on Tuesday asked the Federal Circuit to stay a $5 million judgment against them in an infringement suit over traffic light-control technology, saying they’ll be forced into bankruptcy while their appeal is pending if a stay is denied.

  • July 23, 2014

    US Pushes Panama On Trade Barriers, Transparency

    The U.S. on Wednesday raised several concerns about trade barriers in Panama, criticizing the country's hurdles in the shipping and fuel sectors, and seeking more transparency in the country's regulations governing intellectual property, agricultural products and trade remedies.

  • July 23, 2014

    Vorys Strengthens IP Team With 2 Partners From Hahn Loeser

    Vorys Sater Seymour and Pease LLP announced it has expanded in Ohio with the addition of a pair of Hahn Loeser & Parks LLP attorneys to bolster its intellectual property, entertainment and technology practice group.

Expert Analysis

  • Misconceptions About The European Unitary Patent

    Ilya Kazi

    Some believe the EU's proposed unitary patent system will make obtaining European protection cheaper, but the cost of obtaining and maintaining patent protection in Europe will be higher under the unitary patent system for most users, say Ilya Kazi and Caroline Warren of Mathys & Squire LLP.

  • Generic Drugs At 30: Fulfilling The Promise And Path Ahead

    Alan Klein

    Although challenges remain for generics, it is clear at the 30-year mark that the promise of Hatch-Waxman has been realized, quite possibly beyond the dreams of Senator Orrin Hatch and Congressman Henry Waxman, say Alan Klein and Solomon David of Duane Morris LLP.

  • Post-Grant Review Evidence 1 Year After Commil

    Jacqueline Lee

    While the Federal Circuit’s decision last year in Commil USA LLC v. Cisco Systems Inc. — which addressed the standard for proving induced infringement — seems unrelated to efforts to put evidence of post-grant review proceedings before a jury, a handful of recent decisions indicate that Commil may provide defendants just enough of a boost to begin to overcome hurdles to admissibility, say attorneys with Jones Day.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • PTAB Adopts Dueling Evidentiary Standards

    Sunjeev S. Sikand

    The need to rely upon routine business practice — and for application of a consistent evidentiary standard — to establish a reference’s public accessibility is particularly acute in the Internet age. It would benefit practitioners and their clients if the Patent Trial & Appeal Board recognized the tension in its rulings and offered clearer guidance, says Sunjeev Sikand of RatnerPrestia.

  • A 12-Point Patent Monetization Plan

    Stephen Glazier

    A recent Delaware decision acknowledges that there may be an affirmative duty of officers and directors of a corporation to monetize the corporation’s intellectual property. Fortunately, there are steps available to manage this risk that are also profitable business strategies, says Stephen Glazier of Akerman LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • A Brief History Of Unreasonable Royalties

    Daniel Brean

    A fresh reading of Section 284 of the 1952 Patent Act would reaffirm its compensatory nature and discard artificial legal constructs — like that in Georgia-Pacific Corp. v. United States Plywood Corp. — that restrict the plain meaning of the term “reasonable royalty,” says Daniel Brean of The Webb Law Firm PC.

  • Keys To IP Collaborations With Universities: Part 1

    Lance Anderson

    Despite the benefits of working with academia, there remain significant distinctions in the core missions between research institutions and for-profit companies. Without understanding these distinctions, for-profit companies often run the risk of frustrating relationships, or worse, compromising their own intellectual property positions, say attorneys with Greenberg Traurig LLP.