Intellectual Property

  • December 15, 2017

    Special Master Says Uber Should Have Produced Letter

    The special master in Waymo’s self-driving car trade secrets suit against Uber said Friday that a letter detailing an ex-Uber employee’s allegations against the company should’ve been produced during discovery, in a report released the same day the 37-page letter — and its claims of corporate espionage and evidence destruction — was unsealed.

  • December 15, 2017

    Fed. Circ. Says PTAB Erred In Axing Hospital Bed Patent

    The Federal Circuit on Friday reversed and vacated different portions of a Patent Trial and Appeal Board decision that upheld as invalid the asserted claims of a hospital bed patent, finding that the board erred in its logic and by not adequately explaining itself.

  • December 15, 2017

    Bayer, Belmora Spar Over TM, Antitrust Bids In Flanax Feud

    The dispute over the pain reliever Flanax continued in Virginia federal court Friday, with the two sides offering dueling arguments for summary judgment on Bayer AG's trademark claims and Belmora LLC's antitrust counterclaims.

  • December 15, 2017

    11th Circ. Gives Rick Ross Suit Another Day For Hustlin’

    Rick Ross can renew his long-running copyright infringement case against LMFAO over their song “Party Rock Anthem,” which he says rips off his own "Hustlin’," as an Eleventh Circuit panel on Friday reversed a lower court’s ruling that registration mistakes the rapper made invalidated his song’s copyright.

  • December 15, 2017

    Xceligent Goes Down, To Liquidate In Bankruptcy

    Commercial real estate listing firm Xceligent Inc. on Friday filed for Chapter 7 bankruptcy in a Delaware bankruptcy court after a year of legal fights with a rival listing service.

  • December 15, 2017

    Mitsubishi Says Generics Co.'s ANDA Infringes Diabetes Med

    Mitsubishi Tanabe Pharma Corp. filed suit Friday in New Jersey federal court against India-based drugmaker Macleods Pharmaceuticals Ltd., alleging that the company had filed an abbreviated new drug application for a generic diabetes medication that would violate two of Mitsubishi’s patents.

  • December 15, 2017

    Bridgestone Claim Against Panama Trimmed 'Substantially'

    A World Bank tribunal has "substantially" trimmed an arbitration brought against Panama by U.S. subsidiaries of Bridgestone after the country's top court ordered the Japanese tiremaker to pay $5.4 million following an unsuccessful challenge to a competitor’s trademark, an attorney for the Central American nation said Thursday.

  • December 15, 2017

    Could A High Court Case Blunt AIA Tribal Immunity Defense?

    Efforts to use the sovereign immunity of Native American tribes to shield patents from America Invents Act reviews have roiled the patent world, but a new U.S. Supreme Court case could throw a wrench into the strategy. It would take a circuitous route to get there, but here’s a look at how it could happen.

  • December 15, 2017

    Jury Awards Sonos $2M In Denon Wireless Speaker IP Row

    A federal jury in Delaware awarded Sonos Inc. nearly $2 million in damages and royalties Friday after concluding that Denon Electronics LLC infringed three Sonos audio control patents when it developed and began selling a competing high-end HEOS wireless speaker line.

  • December 15, 2017

    Fitbit Wants Activity Monitor IP Suit Tossed As Sanction

    Fitbit Inc. urged a California federal judge Thursday to sanction Smart Wearable Technologies Inc. and its counsel by throwing out its patent lawsuit against the wearable fitness device maker, saying the company continues to push forward with the case even though it knows its claims are frivolous.

  • December 15, 2017

    PTAB Invalidates Hologic Patent, Rejects Claim Fixes

    The Patent Trial and Appeal Board on Friday found a Hologic Inc. medical device patent was invalid and rejected a series of proposed substitute claims, following a recent Federal Circuit ruling many believed gave patent owners a better chance at amending patents in America Invents Act reviews.

  • December 15, 2017

    9th Circ. Agrees Inventor's Royalties Are Not Capital Gains

    A partially split Ninth Circuit panel held Friday that an inventor's $7 million in patent royalties do not count as capital gains under federal tax law, upholding a U.S. Tax Court decision and rejecting his appeal.

  • December 15, 2017

    Subsidiaries May Sway Patent Case Jurisdiction In Del.

    A Delaware federal judge on Thursday refused a drug and medical device maker’s request to dismiss or transfer an infringement suit brought against it over three intravenous painkiller patents, greenlighting discovery to determine if the venue is indeed proper.

  • December 15, 2017

    Final GOP Tax Bill Settles On 21% Corporate Rate

    Republicans unveiled the final version of their tax cut bill on Friday that would impose a 21 percent flat rate on corporations, set the maximum individual tax rate at 37 percent and largely adopt the Senate’s proposal for pass-through businesses.

  • December 15, 2017

    Funko Dolls Can't Rock Out With Tiny Les Pauls, Gibson Says

    Gibson Brands Inc. sued Funko on Thursday in California federal court, arguing that it owns the trademark for the Les Paul guitar, including the use of its likeness in toys, and that the pop culture toy company didn't seek permission for its wildly popular vinyl figures to hold Gibson-design guitars.

  • December 15, 2017

    MVP: Archer & Greiner’s John Connell

    John Connell of Archer & Greiner PC persuaded the U.S. Supreme Court to strike down the federal government’s ban on offensive trademark registrations as unconstitutional in a landmark decision this year, securing him a place as one of Law360’s 2017 Intellectual Property MVPs.

  • December 15, 2017

    US Calls Off The Dogs Following Thailand's IP Tweaks

    The Trump administration closed a probe of Thailand’s intellectual property regime Friday following several steps the country took to improve its patent and trademark rules that had frustrated drugmakers and other companies for years.

  • December 15, 2017

    House-Senate Negotiators Approve GOP Tax Bill

    Republicans on Friday signed off on changes to their $1.5 trillion tax cut bill to settle differences between the House and Senate versions of the legislation, even as details of the final bill remain largely hidden.

  • December 15, 2017

    Fed. Circ. Rules Ban On 'Scandalous' TMs Unconstitutional

    The Federal Circuit ruled Friday that the Lanham Act's ban on "scandalous and immoral" trademarks is unconstitutional, months after the U.S. Supreme Court struck down the statute's similar bar on "disparaging" marks.

  • December 15, 2017

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen more than 100 individuals sue Ingenious Media Holdings Ltd. amid disputes over the tax treatment of its film investments; Zinc Hotels lodge another challenge against BayernLB, this time adding Hilton Worldwide; and security firm G4S bring a claim over its pension scheme.​ Here, Law360 looks at those and other new claims in the U.K.

Expert Analysis

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, and stating my biases upfront, it is possible for me to look analytically at the Bartlit Beck fee model and make some observations on the pros and cons of one version of alternative fees, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Building A Better Patent System

    Robert Stoll

    Legislation to change the patent system is unlikely to move in this polarized Congress. But the bulk of Patent Trial and Appeal Board reforms under discussion — including most of those proposed in the STRONGER Patents Act — could be implemented by the U.S. Patent and Trademark Office under its existing regulatory authority, says Robert Stoll, a partner at Drinker Biddle & Reath LLP and former commissioner for patents.

  • Considering Indication-Specific Pricing As A Solution

    Michael Cottler

    Practitioners should pay close attention to see whether indication-specific pricing is adopted for generic and biosimilar products. Though ISP is often proposed as a solution to rising health care costs, it is unclear whether it is compatible with the current legal frameworks in play, say Michael Cottler and Natasha Daughtrey of Goodwin Procter LLP.

  • Opinion

    Jurors Should Have An Active Voice In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three jury system improvements that will give jurors an active voice and role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • A Review Of Massachusetts' Marijuana Industry In 2017

    William Moorman Jr.

    It's been an exciting year for the marijuana industry in Massachusetts, with cities and towns now determining whether to embrace the new economic development opportunities presented by recreational marijuana. However, investment in the industry remains risky because the cultivation, use, sale and possession of marijuana remains a crime under federal law, say William Moorman and John Ottaviani of Partridge Snow & Hahn LLP.

  • Ordinary Observer And Informed User Walk Into A Bar

    Elizabeth Ferrill

    Elizabeth Ferrill and Clare Cornell, partners of Finnegan Henderson Farabow Garrett & Dunner LLP, stage a transatlantic conversation about design infringement in a small pub somewhere in the middle of the Atlantic Ocean.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • How District Courts Split Over 'Infringing Acts'

    Mike Abernathy

    Following the U.S. Supreme Court’s May 2017 TC Heartland decision, an open question was how to interpret the patent venue’s statutory language regarding “has committed acts of infringement” in the Hatch-Waxman Act context. Two courts have thus far addressed this issue, but each has interpreted the statutory language differently, say attorneys with Morgan Lewis & Bockius LLP.

  • Does The Path To The Right Venue Have To Be Narrow?

    Sue Robinson

    If you juxtapose the “narrow interpretation” language of the post-TC Heartland decisions with the actual contexts in which the Supreme Court uttered such dicta, it should not be a foregone conclusion that the court meant to eschew all contemporary insights when interpreting the patent venue statute, says Sue Robinson, an attorney at Farnan LLP and former Delaware federal judge.