Intellectual Property

  • July 26, 2016

    Mylan Wins PTAB Review Of Pfizer's Toviaz Patents

    The Patent Trial and Appeal Board has agreed to hear challenges by Mylan Pharmaceuticals Inc. to four patents owned by UCB Pharma GmbH relating to Pfizer Inc.’s Toviaz overactive bladder treatment, saying it is likely that they all are unpatentable.

  • July 26, 2016

    Valeant, Par End Patent Suit Over Colitis Treatment

    Par Pharmaceuticals Inc. reached a settlement Monday in a patent infringement suit brought by Valeant Pharmaceuticals International and Cosmo Pharmaceuticals Ltd. in Delaware federal court over Par’s attempt to make a generic of the colitis treatment Uceris.

  • July 25, 2016

    ITC Backs RealD In Patent Row With Rival MasterImage

    The International Trade Commission on Thursday found that MasterImage had infringed on rival RealD's patents for 3D movie theater projection systems and banned imports of MasterImage's infringing products into the U.S.

  • July 25, 2016

    Weapons Buyers Agree To Return Secrets In Peru Project Row

    A rifle company will get back trade secrets allegedly taken by its would-be weapons buyers under an agreement filed Thursday in Florida federal court that leaves untouched the rest of the company’s lawsuit alleging it was shut out of contracts with Peru’s military worth more than $100 million.

  • July 25, 2016

    Hasbro Denies Galloping Off With 'Pony' Toy Trade Secrets

    Hasbro Inc. urged a federal judge Monday to throw off a toy designer’s allegations that the company stole her idea for glittered snow-globe style toys for its My Little Pony line after passing over her prototypes, saying her so-called trade secrets had no economic value.

  • July 25, 2016

    AWOL Atty Lets Wendy's Off Hook In QR Code Patent Case

    Wendy's International Inc. is off the hook in a patent infringement suit over its use of Quick Response Codes in marketing materials because the patent holder's lawyer skipped hearings and was unresponsive for about six weeks, according to an order filed in Illinois federal court Monday.

  • July 25, 2016

    Fed. Circ. Nixes LendingTree Patent Claims Under Alice

    The Federal Circuit ruled Monday that a district judge erred by not finding that several claims of two loan coordination patents LendingTree asserted against Zillow are invalid under Alice but remanded to let LendingTree move to vacate the invalidation of other claims.

  • July 25, 2016

    Amazon Defends Cloud Tech, Customers Against IP Holder

    Amazon Web Services Inc. asked a Virginia federal court on Friday to find an Australian corporation's two computer patents invalid, saying the company is wrongfully wielding them against Amazon cloud customers in 20 Texas lawsuits.

  • July 25, 2016

    Getty Hit With $1B Copyright Suit Over Photog's Donations

    A photographer filed on Monday a $1 billion copyright infringement suit in New York against Getty Images' American arm, alleging that the company is sending out letters demanding licensing fees for her photos that were donated to the Library of Congress. 

  • July 25, 2016

    HP Can't Nix Oracle's Software Copyright Suit

    A California federal judge has denied Hewlett Packard Enterprise’s request to throw out a lawsuit alleging it distributed copyrighted Oracle software code through its tech support companies, saying in an order unsealed Friday that he would allow the direct copyright and contract interference claims.

  • July 25, 2016

    Brand Battles: Apple, Bristol-Myers, Novartis, Subway

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Apple tries to take down a pear-shaped logo, Bristol-Myers and Novartis spar over brushstroke drug logos, and Subway faces trouble from a rival sandwich chain over the slogan "Believe in Better."

  • July 25, 2016

    Texas Judge Revives IP Claims Against ConocoPhillips

    Geophysical Service Inc. got another shot at leveling trade secrets and infringement claims against ConocoPhillips, when a Texas federal judge on Monday found that GSI may have sued in a timely manner upon learning that the Canadian government released allegedly confidential documents to the oil and gas company.

  • July 25, 2016

    Fed. Circ. Says PTAB Wrongly Axed Fracking Patent In IPR

    The Federal Circuit on Monday reversed the Patent Trial and Appeal Board’s inter partes review decision invalidating a fracking patent, finding that the board wrongly put the burden of proof on the patent owner, rather than the challenger, in a rare total reversal of a PTAB ruling.

  • July 25, 2016

    Rembrandt Urges Fed. Circ. To Uphold $16M Samsung Verdict

    Rembrandt Wireless Technologies LP has urged the Federal Circuit to uphold a Texas federal court's judgment affirming a $15.7 million jury verdict finding that Samsung infringed two of Rembrandt's Bluetooth technology patents, saying Samsung lost fairly because it put on an "unconvincing and legally inadequate" invalidity case.

  • July 25, 2016

    Acacia Blocks Deposition Of GC In Secret Patent Deal Row

    A California judge on Monday granted patent holding company Acacia Research Group's bid to stop Prophet Productions from deposing Acacia's general counsel in its suit alleging Acacia secretly licensed Prophet's patents to Microsoft and others, ruling the information at issue would be shielded by attorney-client privilege.

  • July 25, 2016

    Paul Hastings Adds IP, Antitrust Pro From Patterson Belknap

    Paul Hastings LLP has bolstered its intellectual property practice with a patent and antitrust litigation specialist who formerly served as a partner at Patterson Belknap Webb & Tyler LLP and focuses on life sciences and technology.

  • July 25, 2016

    Hormel Gets Claims Trimmed In Bacon Cooking Contract Row

    A Minnesota federal judge on Monday trimmed breach of contract claims between Hormel Food Corp. and Oklahoma-based Unitherm Food Services, but left unresolved a dispute over who owns a pre-cooked bacon process they both say they developed and for which Hormel filed a patent application after terminating a joint agreement. 

  • July 25, 2016

    HBO Sacks Allegations It Stole Idea For 'Ballers'

    A California federal judge blocked a suit claiming HBO, Dwayne “The Rock” Johnson and Mark Wahlberg stole the idea for a show on the rakish lives of football players from two screenwriters’ 2007 pitch, ruling Monday that despite similarities the “themes and concerns are widely different.”

  • July 25, 2016

    Vertellus Wants Nod For Severance Deal To Protect Secrets

    Bankrupt insecticide maker Vertellus Specialties Inc. asked a Delaware bankruptcy judge Friday for approval of a $370,000 severance package to enforce a noncompete agreement with an executive whose job will be eliminated in a planned merging of the company’s business units.

  • July 25, 2016

    Zeppelin Win In 'Stairway' Rip-Off Trial Appealed to 9th Circ.

    The estate that unsuccessfully accused Led Zeppelin of stealing the famed opening riff of their 1971 megahit “Stairway to Heaven” has announced its intention to appeal to the Ninth Circuit the California federal jury’s decision in the high-profile trial that concluded late last month.

Expert Analysis

  • 3 Concrete Approaches To Defeat Abstractness

     A.J. Tibbetts

    While the claims in all Section 101 Federal Circuit decisions last year were found to be patent-ineligible, an analysis of the 2014 DDR Holdings ruling and three recent decisions reveals three ways to overcome or forestall a Section 101 challenge, say A.J. Tibbetts and Justin Colannino of Wolf Greenfield & Sacks PC and Gary Cohen of Xerox Corp.

  • Trade Secret Forum Shopping: DTSA Vs. Texas UTSA

    Michael Barbee

    Although the federal Defend Trade Secrets Act and the Texas Uniform Trade Secrets Act are both modeled after the Uniform Trade Secrets Act, there are several key differences between the two that should be taken into consideration when deciding whether to bring a state or federal claim, or both, says Michael Barbee of Griffith Bates Champion & Harper LLP.

  • Finding Consistency Among Claim Construction Standards

    Miyoung Shin

    In light of all the attention given to the U.S. Supreme Court's Cuozzo decision, let's take a closer look at how the broadest reasonable interpretation standard and the ordinary meaning standard have been applied historically, and decide what impact operating under the two standards may have in practice, say Miyoung Shin and Peter Lee of Brinks Gilson & Lione.

  • Stock Prices Aren't Enough For 'Rule Of Reason' Analysis

    Pierre Y. Cremieux

    Stock market evidence should not shortcut the "rule of reason" analysis required for reverse-payment settlements in a post-Actavis world, and is far from the “smoking gun” of anti-competitive effects proclaimed by some advocates, say consultants at Analysis Group Inc.

  • Fed. Circ. Clarifies Doctrine Of Equivalents In ANDA Litigation

    Andrea L.C. Reid

    In its recent holding in Intendis v. Glenmark, the Federal Circuit provided much-needed clarity for pharmaceutical patentees and strengthened the protection drug innovators can expect from patents covering their product formulations. The decision significantly alters the generic formulations playing field, say Andrea Reid, Nicholas Prairie and Joseph Arico of Dechert LLP.

  • Applying Cartier V. BSkyB To UK Life Sciences Patents

    Nicola Dagg

    The English Court of Appeal's recent decision in Cartier International v. British Sky Broadcasting validates the court's wide equitable powers and has practical applications in all fields of intellectual property, including in life sciences patent cases, say attorneys at Allen & Overy LLP.

  • How Law Firms Can Create Next-Generation Office Spaces

    Tere Blanca headshot (1).jpg

    Law firms today are recognizing that the process of creating a next-generation workplace is far more complex than relocating to a more modern space in a trendier part of town. The challenge is more significant for larger firms with multiple generations represented within their executive teams, says Tere Blanca, founder of Miami-based Blanca Commercial Real Estate Inc.

  • Is The New USPTO Pilot Program An Improvement?

    Lisa Adams

    While the U.S. Patent and Trademark Office's new Post-Prosecution Pilot is said to combine the best features of two existing programs, it may simply suffer from the same drawbacks. One difference that could lead to a higher success rate is that P3 applicants are required to participate in a 20-minute conference with the review panel, says Lisa Adams of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Pitfalls Of The 2-Contract Approach To Software Licensing

    Joseph C. Guagliardo

    There may be reasons to cover the terms for the software license and related services under separate agreements. But to avoid a finding that the two agreements should be treated as mutually dependent, the parties’ intentions must be clear in the four corners of the documents, say Joseph Guagliardo and Whitney Redding of Pepper Hamilton LLP.

  • Halo Magnifies Patent Infringement Risks In M&A

    Daniel Ilan

    The U.S. Supreme Court's ruling in Halo v. Pulse has changed the landscape of patent infringement risks, and should be taken into account when allocating risks in M&A transactions, including in connection with representations and warranties and associated indemnities, say Daniel Ilan and Shira Borzak of Cleary Gottlieb Steen & Hamilton LLP.