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Intellectual Property

  • June 22, 2018

    Eli Lilly Beats Dr. Reddy's In Cancer Drug Patent Suit

    A drug product for which Dr. Reddy’s is seeking U.S. Food and Drug Administration approval would infringe an Eli Lilly and Co. patent covering best-selling cancer treatment Alimta, an Indiana federal judge found Friday following a bench trial, ruling that the two drug products are equivalent.

  • June 22, 2018

    High Court Ruling To Spur Push For Broader Patent Damages

    The U.S. Supreme Court's decision Friday that patent owners can recover profits lost outside the U.S. due to infringement appears limited to a certain type of case, but attorneys say patentees will likely argue it should apply broadly to allow awards of foreign lost profits in other situations.

  • June 22, 2018

    Players Unions Want In On Publicity Rights Arguments

    The unions for the major professional sports are looking to take part in oral arguments before the Indiana Supreme Court over whether daily fantasy sports companies must compensate college athletes for using their names, likenesses and statistics in their contests, arguing that the parties and the courts are missing the point.

  • June 22, 2018

    Beats' $109M Headphone Royalties Row Goes To Jury

    A Los Angeles jury began deliberations Friday afternoon to decide whether Beats Electronics LLC co-founders Dr. Dre and Jimmy Iovine owe $109 million in headphone-sale royalties to a businessman who claims he handed them the now-iconic product "on a silver platter" over a decade ago.

  • June 22, 2018

    PTAB Finds Pain Treatment Patent Invalid In PGR

    The Patent Trial and Appeal Board on Friday held a patent covering a method of treating chronic pain was invalid, delivering a victory to pharmaceutical company Grunenthal GmbH in an America Invents Act post-grant review.

  • June 22, 2018

    Emerson Says BladeRoom Can't Revisit Evidence In UCL Case

    Emerson Electric has fired back at a motion for judgment on unfair competition claims in a suit alleging it stole BladeRoom Group Ltd.’s trade secrets, arguing that BladeRoom cannot seek additional damages based on evidence that had already been presented to a jury that rendered a $30 million verdict against Emerson, according to a filing in California federal court Thursday.

  • June 22, 2018

    IPhone Chip Deal Loss Would Kill Intel 5G Plans, Atty Says

    Intel would likely ditch high-priority efforts to develop next-generation wireless technology if it were to lose a contract to supply mobile chips for the iPhone, even for only a year, a senior tech attorney for the company said Friday at an International Trade Commission patent case over Apple’s Intel-equipped handsets.

  • June 22, 2018

    Crest Must Cover Nestle Atty's Travel Fees In IP Dispute

    Crest Foods Inc. will have to cover the cost of sending a Mayer Brown LLP attorney representing Nestle from Washington, D.C., to Los Angeles for a meeting that Crest phoned in to, a California federal judge ruled Wednesday in Nestle’s trademark infringement suit tied to a reality television bungle.

  • June 22, 2018

    PTAB Breaks Own Rule With Short Analysis, Security Co. Says

    A cybersecurity firm looking to fend off a challenge to one of its semiconductor patents said Thursday the Patent Trial and Appeal Board violates its own rules each time it agrees to review a patent without looking at every claim and argument.

  • June 22, 2018

    NCAA Settles Car Dealership 'Markdown Madness' TM Dispute

    A Southern California car dealership has reached a confidential settlement with the National Collegiate Athletic Association to end allegations the dealership ran “March Madness” ads that infringe the NCAA’s trademark covering its spring college basketball tournament.

  • June 22, 2018

    IP Hires: Goodwin Procter, Saxton & Stump, Loza & Loza

    In this week’s round of intellectual property industry shake-ups, Goodwin Procter LLP lured a team of four IP litigators from Greenberg Traurig LLP with significant experience in the technology sector, while Saxton & Stump LLC took its first foray into IP law with a new practice group, and Loza & Loza LLP found the leader of its recently formed IP litigation team. Here are the details on these and other notable IP hires.

  • June 22, 2018

    Native American Cases To Watch In The 2nd Half Of 2018

    Native American law practitioners will be closely tracking a U.S. Supreme Court case that could shake the foundations of tribal, federal and state jurisdiction in Oklahoma, as well as watching a Federal Circuit decision on a New York tribe’s ability to assert sovereign immunity to block a challenge to several patents' validity and keeping an eye on tribes' role in multidistrict opioid litigation in the second half of 2018.

  • June 22, 2018

    Brand Battles: 'To Kill A Mockingbird,' The Masters, Alibaba

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Harper Lee's estate is told that single book titles can't be trademarks, the golf club behind the Masters fights the distiller behind Jack Daniel's, and "Sesame Street" aims to block Alibaba from registering an open-ended "Sesame" mark.

  • June 22, 2018

    Court Affirms German Plastic Co.'s Trademark Award

    Eco-Terr Distributing Inc. needs to hand over trademarks it registered for plastic gridding to Germany’s Purus Plastics GMBH, as was required in a since-terminated distribution agreement between the two companies, a Washington federal judge said Thursday in affirming an arbitral ruling.

  • June 22, 2018

    Celgene Goes After Synthon's Skin Cancer Drug Generic

    Synthon Pharmaceuticals Inc. and Alvogen Pine Brook LLC are infringing four of Celgene Corp.’s patents by seeking approval for a generic version of the blockbuster skin cancer medication Pomalyst, the branded drugmaker told a North Carolina federal court Thursday.

  • June 22, 2018

    Top 7 Trademark Rulings Of 2018: A Midyear Review

    The first half of 2018 was chock full of important trademark decisions, involving names like Adidas, Skechers, SpongeBob SquarePants and the "Serial" podcast. As we head into the back half of the year, here are the seven big rulings you need to know.

  • June 22, 2018

    Nathan's Comes Out Top Dog In Battle With Street Cart

    Manhattan U.S. District Judge Valerie E. Caproni closed the book on a trademark beef between $360 million-a-year sausage giant Nathan's and a New York City entrepreneur, after the man showed her that he had followed her order to paint over infringing "Natten's" signage on his Central Park South hot dog cart.

  • June 22, 2018

    Justices Say Patent Owners Can Recover Foreign Damages

    The U.S. Supreme Court ruled Friday that a Schlumberger Ltd. unit can recover profits it lost outside the U.S. due to a rival’s infringement of its oil exploration patents, saying the Federal Circuit was wrong to hold that such damages cannot be awarded based on overseas conduct.

  • June 21, 2018

    Jones Day Scores IP Tech Pro From McDermott In Chicago

    Jones Day has hired an intellectual property attorney from McDermott Will and Emery LLP for its Chicago office who brings significant experience handling high-stakes, technology-driven litigation, particularly patent cases, the firm announced Wednesday.

  • June 21, 2018

    Drug Patent Challenges At PTAB By The Numbers

    The Patent Trial and Appeal Board has not been the graveyard for drug patents that some might expect as it's been invalidating these patents at virtually the same rate as district courts, according to a new study that challenges some of the conventional wisdom about the PTAB.

Expert Analysis

  • The Where, When And What Of DTSA Appeals: Part 1

    Gregory Lantier

    There has been virtually no appellate guidance on the meaning and scope of the Defend Trade Secrets Act in the two years since it was enacted. Only four appellate panels have addressed the law, say Gregory Lantier and Thomas Sprankling of WilmerHale.

  • Cheers To 80 Years Of The Food, Drug, And Cosmetic Act

    Ebunola Aniyikaiye

    Eighty years ago, President Franklin D. Roosevelt signed the Federal Food, Drug, and Cosmetic Act. In recognition of this anniversary, attorneys at Epstein Becker Green review how the act came to be, how it has evolved, and how the U.S. Food and Drug Administration is enforcing its authority under the act to address the demands of rapidly evolving technology.

  • When Will The ITC Honor A PTAB Finding Of Invalidity?

    Bryan J. Vogel

    As a general rule, the U.S. International Trade Commission has given little to no deference to Patent Trial and Appeal Board decisions. However, recent decisions seem to throw a wrinkle into this lack of deference, say Bryan J. Vogel and Derrick J. Carman of Robins Kaplan LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • EU Begins Catching Up To US On Trade Secret Law

    Robert Williams

    The introduction of EU-wide minimum standards for the protection of trade secrets should be welcomed by U.S. businesses for two reasons, say Robert Williams and Will Smith of Bird & Bird LLP.

  • Policy Is Changing For Technology Transfers

    Kevin O'Brien

    The Trump administration and Congress are tightening investment restrictions and export controls to address technology transfer concerns. These measures initially focus on China, but will have broader effects on investments in the United States and transfers of emerging technologies, say attorneys with Baker McKenzie.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • How SAS Expands Scope Of Inter Partes Review Estoppel

    Barbara McCurdy

    Recent developments following the U.S. Supreme Court's decision in SAS Institute make clear that inter partes review petitioners have lost the opportunity to preserve some “back pocket” invalidity arguments following an unsuccessful IPR trial, say Barbara McCurdy and Arpita Bhattacharyya of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Careless Employee: A Company's Biggest Trade-Secret Threat

    Audra Dial

    Companies clearly believe that training programs are the most meaningful way to reduce employee carelessness when it comes to protecting corporate assets. However, as new survey results demonstrate, these training programs are not enough to combat the careless insider, says Audra Dial of Kilpatrick Townsend & Stockton LLP.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.