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Intellectual Property

  • January 18, 2019

    Qualcomm Exec Says Google, FTC Deal Was Royalties Model

    A Qualcomm executive took the stand Friday during a California federal bench trial over the Federal Trade Commission's allegations the company's "no license, no chips" practice violates antitrust laws, testifying that it modeled its standard-essential patent process after Google's 2013 consent decree with the FTC.

  • January 18, 2019

    Brand Battles: Volkswagen, Coca-Cola, 'Shark Tank'

    In Law360's latest roundup of new cases at the Trademark Trial and Appeal Board, German auto giants Daimler and Volkswagen spar over "Smart" cars, Coca-Cola cites Smartwater to block a "Sportwater," and Sony argues that "Shark Tank" presents a different trademark story than a normal TV show title.

  • January 18, 2019

    Red Bull Moves To Halt NJ Gas Station's Foreign Drink Sales

    The makers of Red Bull energy drink on Friday slapped a New Jersey Lukoil gas station with a trademark infringement suit accusing it of selling a version of the drink that’s only authorized for sale outside of the U.S. and thus subject to different quality-control standards.

  • January 18, 2019

    Mass. State Senator Files 2nd Attempt At Patent Troll Bill

    A Massachusetts state senator is taking another swing at implementing measures to protect companies from patent trolls, telling Law360 on Friday his newly filed bill has a better chance to pass after the governor vetoed a similar measure last summer.

  • January 18, 2019

    Persons Of Extraordinary Skill In The Art: 6 Celebrity Patents

    Most inventors labor in obscurity, but patent records also include a few people famous for something other than their side gig as an inventor. From a horror icon’s diaper breakthrough to a rock legend’s model train innovations, here’s a look at some star-studded patents.

  • January 18, 2019

    Movie Studios Call VidAngel's Fair Use Bid 'Utter Nonsense'

    Disney and a half dozen other movie studios urged a California federal judge Friday to find that streaming service VidAngel can't rely on fair use principles to defend its practice of distributing family-friendly edits of their films online, calling VidAngel's defense against their infringement claims "utter nonsense."

  • January 18, 2019

    PTAB Denies Novartis' Challenge To Cancer Drug Patents

    The Patent Trial and Appeal Board has declined to review two Plexxikon Inc. patents related to the skin cancer treatment Zelboraf, dealing a setback to Novartis Pharmaceuticals Corp., which is facing infringement allegations over a rival medication.

  • January 18, 2019

    Jury Says Bombardier Didn't Infringe Jaguar 'Defender' TM

    A Michigan federal jury on Friday rejected Jaguar Land Rover Ltd.’s claims that the Bombardier Recreational Products Inc. off-road vehicle named the Can-Am Defender infringed the British automaker’s trademark for the Land Rover Defender.

  • January 18, 2019

    Ex-Dallas Cowboy Tells TTAB 'Animal' TMs Aren't Similar

    Retired NFL player Michael Irvin has asked the Trademark Trial and Appeal Board to uphold his trademark registration for the phrase “Train Like An Animal Play Like A Beast” against a nutritional supplement company’s claims that the phrase is too similar to its own “Animal” mark.

  • January 18, 2019

    PTAB Won't Review Design Patent For Levitating Light Bulb

    A company that makes levitation gadgets lost its bid for post-grant review of a design patent that covers a floating light bulb, with the Patent Trial and Appeal Board saying the company hadn’t shown the patent is likely invalid.

  • January 18, 2019

    IP Group Of The Year: McKool Smith

    McKool Smith PC's intellectual property attorneys notched key wins at the U.S. International Trade Commission and the federal courts, including a $110 million verdict awarded to Ericsson Inc. and favorable rulings against Apple and Comcast, landing them among Law360's Intellectual Property Groups of the Year.

  • January 18, 2019

    Fed. Circ. To Remain Open During Shutdown

    The Federal Circuit said in an order published on Friday that it would remain open during the partial government shutdown, with all deadlines remaining in place and all oral arguments proceeding as scheduled, as the federal courts brace themselves to run out of available funds within the coming days.

  • January 18, 2019

    IP Hires: DLA Piper, Pierce Bainbridge, Perkins Coie

    In this week’s round of intellectual property attorney moves, DLA Piper landed both a patent litigation partner and a privacy and data security specialist to its team, while Pierce Bainbridge nabbed a pair of life sciences intellectual property pros, and Perkins Coie boosted its IP team with a former technology transaction practice co-chair. Here are the details on these and other notable IP hires.

  • January 18, 2019

    Studios Settle Streaming Device War With Dragon Box

    Netflix, Disney, Amazon and other media outlets have tentatively agreed to settle with a company accused of selling a device that allows customers to stream movies and TV shows for free, according to a Thursday notice in California federal court.

  • January 17, 2019

    Quinn Emanuel Co-Founder Emanuel Retires After 3 Decades

    Eric J. Emanuel, who co-founded Quinn Emanuel Urquhart & Sullivan LLP in 1986, has retired from the firm, leaving John B. Quinn as the only active founding member, a firm spokesperson told Law360 on Thursday.

  • January 17, 2019

    Ill. Atty Admits To Overbilling Clients At Kirkland, Boutique

    A partner at a boutique Chicago law firm admitted that he overbilled clients there and at his previous job at Kirkland & Ellis LLP, according to a complaint made public Thursday by the body in charge of registering and disciplining Illinois attorneys.

  • January 17, 2019

    Insurer Says $1.5M Arbitration Award Over Stolen Info Sound

    American Income Life Insurance Co. asked a Texas federal court on Wednesday to confirm a $1.54 million arbitration award it won against a former agent after he allegedly took confidential information after leaving the company, saying the arguments in his appeal were already dismissed by the arbitrator.

  • January 17, 2019

    Del. Court Says It Will Stay Open During Shutdown

    The U.S. District Court of Delaware issued an order Wednesday announcing that it will stay open and all staff will be required to keep working without pay, even if the court runs out of funds on Jan. 25 due to what has become the longest federal government shutdown in history.

  • January 17, 2019

    Walmart Can't Register 'American Jobs' Slogan, TTAB Says

    The Trademark Trial and Appeal Board is refusing to let Walmart register the phrase "Investing in American Jobs" as a trademark, ruling that consumers would see it as a common expression of patriotism.

  • January 17, 2019

    Qualcomm Requests More Time In Apple Patent Fees Trial

    Qualcomm needs an extra day before the jury to defend itself against Apple's allegations that it has been overcharging for patent licensing fees, the chipmaker told a California federal judge Wednesday.

Expert Analysis

  • The US Biosimilars Patent Litigation Outlook For 2019

    Joshua Whitehill

    After years of trending upward, the amount of new Biologics Price Competition and Innovation Act litigation might slow somewhat in 2019, yet several active cases are scheduled for trial and many decisions are expected to issue, say Joshua Whitehill and Michael Cottler of Goodwin Procter LLP.

  • Automated Vehicles In 2019: Predictions And Suggestions

    Melody Drummond Hansen

    As the automated vehicle industry continues to grow and expand in 2019, innovators will face novel questions concerning data privacy, open source compliance, advertising claims, and local, state, federal and international regulations, say attorneys with O'Melveny & Myers LLP.

  • A Stealth Upheaval In Patent Personal Jurisdiction?

    Alex Chachkes

    The U.S. Supreme Court's 2017 ruling on personal jurisdiction in Bristol-Myers Squibb issued a month after the court's game-changing patent venue decision in TC Heartland and has the potential to effect a similarly major shift in where patent lawsuits can be brought, say Alex Chachkes and Matthew Bush of Orrick Herrington & Sutcliffe LLP.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • Takeaways From Fed. Circ. Hatch-Waxman IPR Case

    Gerald Flattmann

    The Federal Circuit's ruling last week in Amerigen v. UCB provides an informative data point regarding standing for inter partes review appeals in the Hatch-Waxman context, as well as considerations for brand companies facing obviousness challenges to patents claiming prodrug compounds, say attorneys with King & Spalding LLP.

  • What Cannabis Patent Applicants Can Learn From Biopharma

    Pauline Pelletier

    The patent landscape for cannabis is conforming roughly to that of traditional biopharma in terms of the rejections being raised and how they are being overcome, say Pauline Pelletier and Deborah Sterling of Sterne Kessler Goldstein & Fox PLLC.

  • UK Patent Law: Hot Topics Of 2018 And What's Ahead

    Jin Ooi

    English courts have been active in the past year, grappling with patent topics like plausibility and equivalents, and 2019 promises to be another exciting year as English patent lawyers await developments on obviousness, insufficiency and employee inventor compensation, says Jin Ooi of Kirkland & Ellis LLP.

  • Opinion

    Time For High Court To Clarify Standing For IPR Appeals

    Charles Macedo

    The U.S. Supreme Court should agree to review the Federal Circuit’s standing jurisprudence in JTEKT v. GKN, and confirm a “dissatisfied” petitioner’s right to challenge an inter partes review decision, as set forth by Congress, say attorneys with Amster Rothstein & Ebenstein LLP.

  • A 9th Circ. Shift On Timing For Class Cert. Motions

    Neal Ross Marder

    With its recent decision in ABS Entertainment v. CBS Corp — striking down a local rule that governs the time period for filing a motion for class certification — the Ninth Circuit created a major change to class actions in the Central District of California, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.