Intellectual Property

  • October 20, 2016

    Judge Splits FTC's Endo Case, Scoffs At Transfer Threat

    A Pennsylvania federal judge on Thursday split the Federal Trade Commission’s suit accusing Endo and other drug companies of illegally delaying Opana ER and Lidoderm generics and challenged the government to follow through with its “cavalier” threat to refile the suits in other districts, saying he’d consider holding it on the hook for fees.

  • October 20, 2016

    Atty Can't Nix $90K Hit For Baseless IP Suit With Indybay

    The Ninth Circuit on Thursday cemented an order that a lawyer pay the publisher and web host for San Francisco news website nearly $90,000 in attorneys’ fees for a copyright suit, finding the lower court had properly considered “numerous valid reasons” for awarding fees.

  • October 20, 2016

    Apple Aims To Nix $3M IP Loss, MobileMedia Seeks $15M More

    Apple Inc. pushed for a new trial in Delaware federal court on Thursday, saying that a jury incorrectly awarded $3 million in a patent infringement case brought by nonpracticing entity MobileMedia Ideas LLC, which separately asked the court to increase its win to $17.9 million.

  • October 20, 2016

    Pot Fertilizer Co. Says Denver Weed Chain Threatened TM Suit

    A Delaware company that sells products for growing cannabis filed a preemptive lawsuit Thursday after a Colorado marijuana dispensary with a similar name threatened the company with trademark litigation.

  • October 20, 2016

    2nd Circ. Lets Locke Lord Weigh In On Swiss Knife DQ Fight

    The Second Circuit on Thursday granted Locke Lord LLP's request to intervene in an appeal of a successful trademark case lodged by its client, Swiss Army knife maker Victorinox AG, against a Texas-based competitor that previously sought to disqualify the law firm due to alleged conflicts.

  • October 20, 2016

    GSK, Teva Urge High Court To Review Pay-For-Delay Accords

    GlaxoSmithKline and Teva urged the U.S. Supreme Court on Wednesday to review their challenge of a Third Circuit decision allowing a pay-for-delay case over the seizure drug Lamictal to move forward, saying the U.S. Solicitor General’s recent recommendation that the high court deny review was flawed.

  • October 20, 2016

    Timberlake, Spears Lose Fees In Fed. Circ. Patent Row

    Justin Timberlake and Britney Spears may be crying a river after the Federal Circuit on Thursday vacated a lower court’s order that a jumbo television company pay them attorneys’ fees for filing “voracious and frivolous” patent infringement litigation against the artists.

  • October 20, 2016

    Arista Looks To Nix ITC Cisco Patent Ruling At Fed. Circ.

    Arista Networks Inc. has asked the Federal Circuit to reverse an International Trade Commission ruling that it infringed a patent owned by Cisco Systems Inc. relating to Ethernet switch products, saying the commission’s claim construction for the patent was wrong.

  • October 20, 2016

    USPTO Hikes Trademark Fees To Encourage More E-Filing

    The U.S. Patent and Trademark Office has unveiled a final rule in its trademark divison hiking mostly paper filing fees in a move intended to encourage lower-cost electronic filings and create more efficiency, after a record year of trademark class-filings, the agency said.

  • October 20, 2016

    Merck Tells Justices Only Public Sales Trigger On-Sale Bar

    Merck and Bayer have asked the U.S. Supreme Court to rule that only public sales of a product before a patent application is filed render a patent invalid under the on-sale bar, arguing that the Federal Circuit has wrongly held for years that even secret sales trigger the bar.

  • October 20, 2016

    Consulting Biz Says Rival Poached Dozens Of Workers

    Corporate consulting firm FTI LLC has slapped competitor Berkeley Research Group with a suit in Massachusetts court over the alleged exodus of three dozen of FTI's best employees and purported trade secrets theft.

  • October 20, 2016

    9th Circ. Won't Let Jessie J 'Domino' Decision Fall

    A Ninth Circuit panel refused Wednesday to rehear a decision that cleared pop star Jessie J of an indie musician's allegations that the singer and Universal Music Group stole an original melody and used it to make the 2011 hit "Domino."

  • October 20, 2016

    Bwin Rolls Snake Eyes In Bid To Nix Gaming Patents

    A District of Nevada judge on Tuesday allowed a patent infringement case against gaming giant Bwin to proceed, holding that the asserted claims of four gaming patents are valid and not abstract under the U.S. Supreme Court’s Alice ruling because they involve computers locating mobile devices.

  • October 20, 2016

    Fed. Circ. Says It Can't Review PTAB Decision To Ax Review

    The Federal Circuit on Thursday found that the Patent Trial and Appeal Board's decision to nix the review of two Robert Bosch Healthcare Systems Inc. patient monitoring patents cannot be appealed under the U.S. Supreme Court’s recent Cuozzo ruling.

  • October 20, 2016

    FTC, Antitrust Org Ask 3rd Circ. To Rethink Doryx Decision

    The Federal Trade Commission and American Antitrust Institute on Wednesday each asked the Third Circuit to rethink its dismissal of Mylan Pharmaceuticals Inc.'s product-hopping suit against Warner Chilcott Ltd. over the acne medication Doryx, arguing the court changed the Sherman Act’s standard of harm and misinterpreted an array of precedent. 

  • October 20, 2016

    US, India Tackle IP, Food Safety Regs In Final Summit

    U.S. and Indian trade officials convened their last high-level summit of the Obama administration Thursday as the U.S. leaned on New Delhi to improve its patent and trademark registrations and not to obstruct agricultural trade with dubious food safety rules.

  • October 20, 2016

    Rimini Takes Oracle Copyright Fight To 9th Circ.

    Rimini Street Inc. is heading to the Ninth Circuit to appeal Oracle USA Inc.’s $88 million jury win against the software maintenance firm for copyright infringement.

  • October 20, 2016

    Beatles Co. Calls Concert Lawsuit 'Utterly Frivolous'

    The Beatles’ Apple Corps Ltd. is hitting back hard at a copyright lawsuit filed last month over footage of the band’s iconic 1965 concert at Shea Stadium, calling it “meritless” and “utterly frivolous.”

  • October 19, 2016

    2nd Injunction Hearing Set In Houston Law School Name Fight

    The University of Houston Law Center and the South Texas College of Law — which was ordered by a federal judge in Texas last week to temporarily stop using its new name, Houston College of Law, until trademark infringement claims can be resolved — will have a week to talk about how to implement the order.

  • October 19, 2016

    'Porn Troll' Atty Can't Get Contempt Finding Revisited

    An Illinois federal judge on Wednesday shot down a motion by a so-called porn troll attorney to reconsider a recent order in which the court said the attorney was in civil contempt for trying to avoid fines.

Expert Analysis

  • OPINION: 3rd-Party Litigation Funding Needs Transparency

    Lisa A. Rickard

    The practice of third-party litigation funding, in which funders front money to plaintiffs law firms in exchange for a cut of any settlement or money judgment, is growing increasingly popular. Currently, litigators are not required to disclose the involvement of third-party funders, but transparency will improve justice in courts, say Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, and Mark Behrens, a partne... (continued)

  • Offensive Trademark Ban Going Down? It Probably Should Not

    Jane Shay Wald

    A recent Law360 article reported on the U.S. Supreme Court’s grant of certiorari in Tam and noted that many trademark lawyers “will be fine” with a result striking down Section 2(a) as unconstitutional. That may be. But many other trademark lawyers will not be fine with this result, say Jane Shay Wald, chairwoman of Irell & Manella LLP's trademark practice group, and Susan Heller, chairwoman of Greenberg Traurig LLP's trademarks group.

  • Pleading Direct Infringement After Abrogation Of Rule 84

    Eric Kraeutler

    As we approach the one-year anniversary of the abrogation of Rule 84, a clear-cut rule on what must be alleged to adequately plead a claim for direct patent infringement is nowhere in sight, but guidance is emerging from the district courts, say Eric Kraeutler and Gayle Gowen of Morgan Lewis & Bockius LLP.

  • Justices Seem Unsatisfied With Design Patent Damages Tests

    Colin B. Harris

    While the oral argument in Samsung v. Apple gave us an opportunity to see the U.S. Supreme Court discussing various tests for design patent damages, the court seemed reluctant to favor any one particular test, meaning that once again the only thing we can see clearly is the dichotomy between the court and patent attorneys in terms of having a clear rule, say Colin Harris and David Longo of Oblon McClelland Maier & Neustadt LLP.

  • Reconsidering Patent Examiner’s Time Allocations

    Melissa F. Wasserman

    All told, the evidence that we have collected is suggestive of a powerful role being played by patent examiner time allocations — suggestive enough to at least reinvigorate a serious discussion into examiner workloads, say Michael Frakes of Duke University School of Law and Melissa Wasserman of University of Texas School of Law.

  • Will High Court Take On Patent Exhaustion?

    Michael Q. Lee

    The U.S. Supreme Court’s 2008 Quanta decision made it more difficult for patent owners to obtain license revenue from downstream points of the supply chain. If the court grants certiorari in Lexmark, it will revisit Quanta and could scale back the ability of patent owners to obtain the full value of their patents, say Michael Lee and Krishan Thakker of Sterne Kessler Goldstein & Fox PLLC.

  • Ice Cream And Talking Pictures: Brandeis On Patents

    Heather B. Repicky

    To honor the 100th anniversary of U.S. Supreme Court Justice Louis Brandeis’ first session, Heather Repicky of Nutter McClennen & Fish LLP discusses several of the patent opinions he authored.

  • The Art Of Silence At Trial

     Martha Luring

    When communicating to a jury, trial lawyers know that words matter. Thus, it may seem odd to focus on the topic of silence. However, this tool is often underutilized in all facets of the litigation life cycle, says Martha Luring of Salmons Consulting.

  • Lessons From IPRs Involving Agriculture-Related Patents

    Gaby L. Longsworth

    Gaby Longsworth and Alex Wang of Sterne Kessler Goldstein & Fox PLLC analyze recent inter partes review filings related to the plant industry and discuss four ways to further strengthen patent portfolios in view of IPRs.

  • Highlights Of The FDA's Abbreviated New Drug Applications

    John R. Manthei

    The U.S. Food and Drug Administration recently published its new final rule governing the submission and approval of abbreviated new drug applications, which will take effect in December of this year. Both new drug application holders and follow-on applicants should review the new provisions carefully, as failure to comply could have substantial consequences, say attorneys at Latham & Watkins LLP.