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  • April 16, 2014

    Alito Rejoins Aereo, Pom Wonderful Cases In High Court

    U.S. Supreme Court Justice Samuel Alito is no longer recusing himself from two high-profile cases — a dispute over the legality of Aereo Inc.'s online television streaming service and Pom Wonderful LLC's suit regarding food and juice labeling — which are both scheduled to be heard next week.

  • April 16, 2014

    Move Can't Block Exec. From New Job At Rival Zillow

    A Washington state judge on Monday rejected online real estate company Move Inc.’s argument that its former chief strategy officer, Errol Samuelson, will inevitably reveal trade secrets to his new employer, rival Zillow Inc., denying the company's bid to block the executive from employment at Zillow.

  • April 16, 2014

    Bose Asks Fed. Circ. To Take 2nd Look At Speaker IP Case

    Bose Corp. asked the Federal Circuit Monday for an en banc rehearing of a decision made last month largely affirming a ruling that threw out its patent infringement case against SDI Technologies Inc., saying the panel relied on a "clearly incorrect" claim construction.

  • April 16, 2014

    Capital One Escapes Patent Co.'s Online Banking Patent Suit

    A Virginia federal judge on Wednesday found in favor of Capital One Financial Corp. in a patent lawsuit brought by a patent holding company over technology for a budgeting database, holding that the two patents-in-suit are invalid because they claim only abstract ideas.

  • April 16, 2014

    Toshiba Loses ITC Bid For Invalidity In Digital Display IP Row

    An administrative law judge for the U.S. International Trade Commission denied Toshiba Corp.’s bid to render invalid a patent for the digital display capabilities of DVD players, finding that the electronics seller hadn’t shown that the patent’s claims weren’t supported.

  • April 16, 2014

    Nina Simone IP Cases Belong In Federal Court, Attys Say

    Attorneys for the late jazz singer Nina Simone and her estate argued that a California federal judge has jurisdiction to determine who owns the rights to several of Simone's master recordings, countering claims that several cases over those rights should be nixed because Simone died in Europe.

  • April 16, 2014

    3 Ways To Beef Up Remedies In Trademark Cases

    The remedies provided under the Lanham Act need to be updated to provide more consistent results and tougher penalties for trademark litigants, some attorneys say. Here, Law360 breaks down three proposed ideas for how it might be done.

  • April 16, 2014

    USPTO Takes Second Shot At Patent Eligibility Guidance

    The U.S. Patent and Trademark Office said Wednesday that it's already updating its recent guidelines for determining whether inventions stemming from natural materials are patent eligible, noting that many practitioners have misunderstood the office's original examples.

  • April 16, 2014

    Fractus, Samsung Strike Deal In $38M Antenna Patent Row

    Fractus SA and Samsung Electronics Co. Ltd. told a Texas federal court Tuesday that they had settled a dispute over patents covering cellphone antenna technology that Fractus claimed Samsung had continued to infringe after being ordered to pay $38 million.

  • 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 on Wednesday found a 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 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.

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.