Intellectual Property RSS

  • April 22, 2014

    Proskauer Lures Bingham Life Sciences Patent Litigator

    Proskauer Rose LLP said on Tuesday it brought over a life sciences patent litigation partner from Bingham McCutchen LLP to chair its practice in Los Angeles.

  • April 22, 2014

    Perrigo Wants Hurry-Up On Delayed FDA Drug Rating

    Perrigo Co. on Monday urged a Washington, D.C., federal judge to order the U.S. Food and Drug Administration to update its records to reflect its approval of Perrigo's testosterone gel product within 21 days, saying it will be irreparably harmed otherwise.

  • April 22, 2014

    Tessera Says Terminal Patent Disclaimer Dooms AIA Review

    Tessera Inc. asked the U.S. Patent and Trademark Office Monday to end an inter partes review under the America Invents Act program of one of its semiconductor patents, arguing that since it agreed to let the patent expire early, it is subject to a new claim construction standard.

  • April 22, 2014

    Mallinckrodt, Nuvo Sue Metrics Over Generic Pennsaid

    Mallinckrodt LLC and Nuvo Research Inc. sued generic-drug maker Metrics Inc. in New Jersey federal court Monday, alleging the generics manufacturer violated their patents for the arthritis pain medication Pennsaid.

  • April 22, 2014

    Tennis Assoc. Settles IP Suit Over 'Venus And Serena' Film

    The U.S. Tennis Association has settled a New York federal court suit accusing the directors of a documentary about tennis stars Venus and Serena Williams of using U.S. Open footage without a license, a representative for the filmmakers said on Tuesday.

  • April 22, 2014

    Rising Star: DLA Piper’s Matt Satchwell

    As DLA Piper partner Matt Satchwell neared the end of his undergraduate studies in theoretical physics he made a snap decision to take the LSAT. This decision quickly led to a successful international practice representing some of the world's largest technology companies in major patent litigation, which has earned him a spot among Law360's top intellectual property attorneys under 40.

  • April 21, 2014

    4 Trial Tricks To Simplify Patent Cases For Jurors

    Patent infringement cases often involve complex and arcane technology that can be difficult to boil down for jurors, but trial lawyers say providing relevant analogies and detailed graphics as well as allowing jurors to get their hands on the devices in dispute are critical techniques that have helped them notch wins in patent fights.

  • April 21, 2014

    Generic Cos. Again Lose Bid To Shake AndroGel Suit

    A Georgia federal judge on Monday rejected a renewed bid by Par Pharmaceutical Cos. Inc. and Paddock Laboratories Inc. to nix the Federal Trade Commission's pay-for-delay case against them, finding that their patent settlement over testosterone replacement treatment Androgel is not entitled to Noerr-Pennington antitrust immunity.

  • April 21, 2014

    EFF Challenge To Podcast Patent Advances In USPTO

    The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board on Friday said Electronic Frontier Foundation has established a “reasonable likelihood” that it will prevail in its formal challenge to Personal Audio LLC’s patent-protecting podcast technology, which the EFF says is unpatentable based on prior art evidence.

  • April 21, 2014

    Samsung Expert Debunks $2B Apple Demand, Says $38M Max

    Samsung Electronics Co. Ltd. should pay no more than $38.4 million in damages if a California federal jury finds that its mobile devices infringed five of Apple Inc.'s iPhone patents, Samsung's damages expert testified Monday in the rivals' latest trial while challenging Apple's $2.2 billion demand.

  • April 21, 2014

    SAP Can't Quash Versata's $391M Patent Win

    A Texas federal judge on Monday denied a request by SAP America Inc. to vacate a $391 million patent infringement judgment for Versata Software Inc. after SAP won a ruling from the U.S. Patent and Trademark Office invalidating the patent-in-suit under the America Invents Act.

  • April 21, 2014

    Fed. Circ. Upholds Abbott's $16M Win Over Tarka Patent

    The Federal Circuit on Monday upheld a $16 million jury verdict against generic-drug maker Glenmark Pharmaceuticals Ltd. for allegedly infringing a patent licensed exclusively to Abbott Laboratories for the blood pressure drug Tarka, finding the patent was not obvious.

  • April 21, 2014

    Fed. Circ. Stays Medtronic Valve Injunction In Patent Row

    The Federal Circuit on Monday postponed the enforcement of a preliminary injunction that would have banned some U.S. sales of a heart valve system that allegedly infringes an Edwards Lifesciences AG catheter patent, giving a procedural win to Medtronic Inc. in its long-running patent tussle with Edwards.

  • April 21, 2014

    Judge Won't Yet End Sony Sensor Patent Row With Contractor

    A Delaware federal judge on Monday entered judgment in favor of defense contractor L-3 Communications Corp. and against Sony Corp. in one piece of a dispute over an L-3 patent for semiconductor image sensors, refusing to render the patent invalid and rejecting parties’ calls for final judgment.

  • April 21, 2014

    Rising Star: Dickstein Shapiro's Megan Woodworth

    Defending medical device maker Arthrex Inc. against damages claims after an unfavorable patent infringement ruling and representing Chrysler Group LLC at the Federal Circuit in a fight over attorneys' fees, Dickstein Shapiro LLP's Megan Sunkel Woodworth has landed herself among the 10 young intellectual property attorneys to make Law360's list of rising stars.

  • April 21, 2014

    Justices Told GoDaddy Liable For Squatter's Porn Redirects

    Malaysia’s national oil company has asked the U.S. Supreme Court to decide if federal law on contributory trademark infringement applies to cybersquatting, arguing that GoDaddy.com Inc. should be held liable for forwarding users to porn sites with domain names that allegedly step on the oil company’s mark.

  • April 21, 2014

    Pfizer Strikes $190M Deal To Settle Neurontin Antitrust MDL

    Pfizer Inc. on Monday agreed to pay $190 million to settle a class action coursing through New Jersey federal court alleging that the drug giant conspired to bar competition for its epilepsy treatment Neurontin and promoted off-label uses, signaling an end to more than a decade's worth of contentious antitrust litigation.

  • April 21, 2014

    Pronova Wants High Court's Slant On 'Public Use' Patent Bar

    Pronova BioPharma Norge AS has asked the U.S. Supreme Court to shed light on a statutory provision that renders patents invalid if they cover technology that has been in “public use” for over a year, arguing that the Federal Circuit bungled the rule in nixing its patent for triglyceride-lowering drug Lovaza.

  • April 21, 2014

    Bayer Kills 'Misrepresentative' Mark For 'Flanax' At TTAB

    Bayer AG, which sells its Aleve brand as “Flanax” outside the United States, won a precedential ruling at the Trademark Trial and Appeal Board last week canceling a registration on the name that the board said was a “blatant” attempt to confuse Latin American consumers.

  • April 18, 2014

    Barnes & Thornburg Nabs Akin Gump Appellate Pro

    Barnes & Thornburg LLP announced Thursday that it had picked up an appellate and trial lawyer from Akin Gump Strauss Hauer & Feld LLP who handles intellectual property, bankruptcy, insurance, white collar and labor matters to enhance its litigation department in Los Angeles.

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.