Intellectual Property

  • April 29, 2016

    Rival Wiper Blade Makers Agree To End Infringement Suit

    Scan Top Enterprise Co. has reached a preliminary settlement with a rival wiper blade manufacturer that allegedly infringed on certain of its patents, and the companies urged an Illinois federal court Thursday to stay the suit while they finalize the deal.

  • April 29, 2016

    Mylan, Ranbaxy Push 3rd Circ. To Nix Provigil Class

    Mylan and Ranbaxy said Thursday that purchasers bringing pay-for-delay claims over the narcolepsy drug Provigil have failed to give the Third Circuit any good reason to uphold a class certification order, which the drugmakers have attacked as unsupported by the buyers’ damages theory.

  • April 29, 2016

    Shiboleth Hit With $10M Suit Over Claims Of Shoddy IP Work

    Shiboleth LLP on Thursday was smacked with a $10 million malpractice suit in New York federal court by a maker of toddler products claiming that the firm exaggerated its litigation experience, which led to its poor handling of an underlying patent infringement suit against Walgreen Co. and a subpar settlement.

  • April 29, 2016

    Cooley, Skadden Steer $1B Rovi-TiVo Deal

    Rovi Solutions Corp., which provides digital media guides and licenses entertainment device patents, said Friday it is acquiring set-top-box maker TiVo Inc. in a $1.1 billion cash and stock deal guided by Cooley LLP and Skadden Arps Slate Meagher & Flom LLP.

  • April 29, 2016

    Fed. Circ. Refuses To Restrict Venue In Patent Cases

    The Federal Circuit on Friday denied liquid sweetener company TC Heartland LLC’s request for new restrictions on where patent suits can be filed, rejecting an argument that would have effectively barred most suits from the patent hotbed of the Eastern District of Texas.

  • April 28, 2016

    Extensive Post-Trial Inquiry Eyed In Ex-Goldman VP Fee Bid

    A Delaware vice chancellor signaled plans Thursday for a deep post-trial dive into a dispute over a once-jailed former Goldman Sachs vice president’s demand for corporate officer indemnification and legal fees, with responsibility for millions in Goldman legal bills in the balance.

  • April 28, 2016

    Gap Beats Injunction Bid In IP Row Over Old Navy Tees

    The Eleventh Circuit on Thursday refused to block Gap Inc. from selling Old Navy shirts with the phrase “Eat Sleep Ball,” denying a request by a clothing and accessories brand accusing Gap of infringing and counterfeiting its trademark.

  • April 28, 2016

    Google Can't Kill Map Patent Row In Lead-Up To Trial

    Google lost a handful of pretrial challenges to an infringement suit alleging the Silicon Valley heavyweight stepped on a German architectural firm’s patent related to a virtual Earth map when a Delaware federal judge on Thursday refused to find the patent invalid or ineligible.

  • April 28, 2016

    UMG, Media Co. Delay In-Flight IP Trial To Try And Settle

    UMG Recordings and in-flight entertainment provider Global Eagle Entertainment convinced a California federal judge Wednesday to delay by several months an impending May trial on Global Eagle's damages for willfully infringing 4,500 UMG-owned songs, saying they were heading to mediation in June.

  • April 28, 2016

    Oracle, Google Again Rip Jury Instructions In $8B IP Row

    Oracle and Google on Wednesday both told the California federal judge overseeing the looming $8 billion copyright trial over Google's use of Oracle software code in its Android operating system that they're still not happy with his proposed jury instructions.

  • April 28, 2016

    High Court May Be Next Stop For PTAB Deference Issue

    The Federal Circuit's holding that America Invents Act decisions must be reviewed with deference on appeal could inspire the U.S. Supreme Court to consider requiring greater scrutiny of the Patent Trial and Appeal Board, which could make AIA decisions easier to overturn, attorneys say.

  • April 28, 2016

    Church's Chicken Hits Former Franchisee With TM Suit

    The operator of several Church’s Chicken franchises in Texas has been accused of using the fast food chain’s trademarks after defaulting on licensing agreements in violation of unfair competition and trademark laws, according to a suit filed in Georgia federal court.

  • April 28, 2016

    Judge Gilstrap Kills Website-Labeling Patents Under Alice

    Eastern District of Texas Judge Rodney Gilstrap has invalidated two patents on "digital labeling" of websites, finding that they claim only an abstract idea under the U.S. Supreme Court's Alice standard, and knocking out a recent jury verdict that New Life Ventures Inc. infringes.

  • April 28, 2016

    Coffee Co. Blasts Monster Energy For Trademark Threats

    A small Florida coffee company is fighting back against legal threats made by Monster Energy Co. over a coffee blend named for the lead singer of the rock group the B-52s, blasting the drink maker for using “dubious” trademark claims to establish an "anti-competitive monopoly" on the word “monster.”

  • April 28, 2016

    InterDigital Wants Fed. Circ. To Eye Microsoft Antitrust Row

    InterDigital urged a Delaware federal court on Wednesday to allow the company to ask the Federal Circuit whether it should face allegations that it violated federal antitrust law after Microsoft failed to identify the specific patents that InterDigital allegedly relies upon to set what Microsoft calls unfair terms for licensing wireless technology.

  • April 28, 2016

    Stella McCartney, Steve Madden Settle Knockoff Bag Suit

    Steve Madden Ltd. told a New York federal judge on Thursday that it reached a settlement with fashion designer Stella McCartney Ltd. to end a suit accusing the apparel retailer of infringing both design patents and trade dress by selling a knockoff shoulder bag.

  • April 28, 2016

    Language Group Calls Copyrighting Klingon Highly Illogical

    A copyright lawsuit over a "Star Trek" fan film has caught the attention of a constructed languages group, which argued Wednesday that Paramount Pictures can’t copyright Klingon — and it did so in a brief written partially in the fictional language. 

  • April 28, 2016

    Navy Contractor's $5M Trade Secrets Win Pared For Jury Error

    A Florida federal court Thursday denied an information technology consultant's request for a new trial after a jury found it misappropriated a security access IT system from a U.S. Navy contractor, but reduced the $5 million award by $250,000 because of juror error.

  • April 28, 2016

    FDA Flouting Court On Orphan Drug Exclusivity, Suit Says

    The U.S. Food and Drug Administration is flouting a recent court ruling and federal law by refusing to grant orphan drug exclusivity for chemotherapy infusion Bendeka, according to a complaint filed Wednesday in D.C. federal court.

  • April 28, 2016

    Merck Says Gilead Is Exploiting Atty 'Lie' In $200M Jury Loss

    Merck on Wednesday escalated a war of words with Gilead over accusations that a Merck attorney lied during a deposition over accessing confidential information, saying its biopharmaceutical rival wants to “exploit” the allegation as a “get-out-of-jail-free card” after a California’s federal jury’s recent $200 million damages award in the patent infringement case.

Expert Analysis

  • What To Know About Trade Secret Law In Saudi Arabia

    Paul B. Keller

    As Saudi Arabia's market continues to expand and with its stock market becoming increasingly opening to foreign investors, many U.S. companies and banks are expanding operations in and to the kingdom. These expansions pose a great opportunity for many technology and life science companies — and the potential for the theft or misappropriation of a company’s trade secrets by an employee or business partner, say Paul Keller and Jihad ... (continued)

  • Quo Vadis FTC?: The Meaning Of FTC Case Against Endo

    Robert Reznick

    The Federal Trade Commission's recent complaint against Endo Pharmaceuticals — the FTC's first lawsuit challenging a "no-authorized-generic" agreement — reflects a number of positions that the FTC has taken in litigation or in amicus briefs, but more broadly reflects two characteristics of commission legal actions against Hatch-Waxman settlements, say Robert Reznick and David Goldstein of Orrick Herrington & Sutcliffe LLP.

  • 7 Reasons Revocation In EU Could Be As Popular As IPR In US

    Leythem Wall

    In addition to providing a forum for centralized enforcement of European patents, the Unified Patent Court will offer a new opportunity for challengers to invalidate a European patent centrally in a single action. There are some similarities between UPC revocation actions and the hugely successful inter partes reviews in the U.S., say Leythem Wall and Hazel Ford of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Patent Owners Now Estopped From Relying On PTAB Estoppel

    Cyrus Morton

    The Federal Circuit's recent decision in Shaw Industries Group v. Automated Creel Systems as to the scope of the estoppel provided in 35 U.S.C § 315(e) appears to be contrary to the scope that practitioners and the legislators had in mind when the America Invents Act was passed, say Cyrus Morton and Ryan Schultz of Robins Kaplan LLP.

  • Benefits Of Expedited Review Of Sole-Source Drug ANDAs

    Jiazhong Luo

    The U.S. Food and Drug Administration's recently updated expedited review of abbreviated new drug applications for “sole-source” drug products is a positive development that will provide incentives for generic companies to develop generic versions of off-patent one-source drugs, with potential benefits of keeping the cost of generic drugs down and reducing drug shortage, say Jason Luo and Jordana Garellek at Duane Morris LLP.

  • Avoiding The Pitfalls Of Researching Attorneys In PACER

    Brian Howard

    While PACER is a powerful tool for gaining information, practitioners should keep in mind that certain flaws often cause lawyers to be omitted from cases they’ve worked on or to show up associated with the wrong firm. These errors build up across aggregate records, tainting any conclusions drawn from such data — often to a surprising extent, according to Brian Howard, a legal data scientist at Lex Machina.

  • High Court Takes On Attorneys’ Fees In Copyright Cases

    Eleonora Zlotnikova

    On April 25, the U.S. Supreme Court once again will hear argument in Kirtsaeng v. Wiley and visit — for the first time in at least 20 years — the issue of attorneys' fee awards in copyright cases. While Wiley argues that the circuit split is exaggerated and the district court did not abuse its broad discretion in applying the nonexclusive factors to its analysis under the Copyright Act, what we are witnessing is the continued erosi... (continued)

  • Fed. Circ. Tees Up High Court Reversal Of IPR Standard

    Lucas Tomsich

    Next week, the U.S. Supreme Court will hear oral arguments in Cuozzo and review the use of the broadest reasonable interpretation standard for claim construction in inter partes review. The Federal Circuit's recent decision in PPC v. Corning provides a clear demonstration of how selecting the right claim construction standard can be “outcome determinative,” say Lucas Tomsich and Richard Marsh of Faegre Baker Daniels LLP.

  • REBUTTAL: Why 'Monkey Selfie' Case Is Important

    Jeffrey S. Kerr

    Rather than giving the "monkey selfie" case the careful consideration that it deserves, a recent Law360 Expert Analysis article opted for dismissive retorts. PETA's argument in a federal court on behalf of a monkey named Naruto made legal history, and we have the moral imperative to further the evolution of the law, which has proved so vital to the betterment of our society in the past, says Jeffrey Kerr, general counsel at PETA.

  • Economics Of Harm From Biologic-Biosimilar Competition

    Michal A. Malkiewicz

    As the launch of biosimilars in the U.S. picks up momentum, so too will the number of high-stakes biologic-biosimilar disputes. However, the traditional economic analysis employed for Hatch-Waxman brand-generic disputes, while still useful, will not be sufficient to guide irreparable harm and other economic analysis in this new life sciences competitive landscape, says Michal Malkiewicz, a director at Epsilon Economics LLC.