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Intellectual Property

  • May 25, 2018

    Del. High Court Lets Contempt Order Be Enforced In IP Suit

    The Delaware Supreme Court has ruled that a court may enforce contempt orders and sanction a medical software developer who disobeyed court orders during intellectual property licensing dispute proceedings, even if the lower court finds that it lacks personal jurisdiction over him.

  • May 25, 2018

    Sony Hit With Copyright, TM Suit Over Puerto Rican Song

    Sony Music Entertainment US Latin LLC has become at least the third corporation to face copyright claims from a Puerto Rican songwriter who says the company exploited his famous song “Yo Soy Boricua Pa’ Que tú lo Sepas,” according to a suit filed in the territory’s federal court Friday.

  • May 25, 2018

    Applebee’s Sues Franchisee In Ch. 11 Over Deal Breaches

    The parent company of Applebee’s Neighborhood Bar and Grill sued a bankrupt franchisee in Delaware on Friday, saying the debtor breached franchise agreements by closing several restaurants without permission and ceased making royalty payments several months before its Chapter 11 filings.

  • May 25, 2018

    Weeks Before Oral Args, Mylan Drops AstraZenca IP Appeal

    At the parties' request, the Federal Circuit on Thursday dismissed Mylan Pharmaceuticals Inc.'s bid to upend a lower court decision upholding the validity of AstraZeneca AB's patent on two diabetes drugs, weeks before oral arguments in the appeal, a sign of a possible settlement.

  • May 25, 2018

    Kodak Can't Ax Contract Dispute With German Software Co.

    A Massachusetts federal judge declined on Friday to throw out a contract dispute between Kodak Alaris Inc. and a German software firm that supplied a document-recognition program used in one of Kodak's products, saying that the issues should be left to a jury to decide.

  • May 25, 2018

    Copyright Office Proposes 41% Hike In Filing Fees

    The U.S. Copyright Office has proposed raising its filing fees by about 41 percent across the board with its first fee hike in four years, in order to cover additional costs it will incur as it modernizes the office's IT services.

  • May 25, 2018

    Dish Copyright Defendants Scolded In Denial Of Early Win

    A Florida federal judge chastised defendants in a copyright infringement suit filed by Dish Network LLC for failing to follow court instructions as she struck down several motions they filed seeking an early win on claims they distributed Arabic pay-TV programming without authorization.

  • May 25, 2018

    Mulling High Court, USPTO Still Refusing 'Scandalous' TMs

    Six months after a federal court ruled that the Lanham Act’s ban on “scandalous” trademarks is unconstitutional, the U.S. Patent and Trademark Office is still refusing registrations that violate the provision while the agency considers another trip to the U.S. Supreme Court.

  • May 25, 2018

    Brand Battles: Penn State, Mountain Dew, Spotify

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Penn State squares off with Syracuse over "glory" trademarks, Pepsi faces a fight over its latest brand of Mountain Dew, and Spotify cites stats in its tussle with a similarly named company.

  • May 25, 2018

    McGraw-Hill Wants Firm Repping Photographer DQ'd Again

    Textbook publisher McGraw-Hill Global Education Holdings has asked a New York federal court to disqualify attorneys representing a photographer in a copyright suit, saying the firm was already kicked off a similar suit in Pennsylvania for consulting with a former McGraw-Hill employee who had access to privileged information.

  • May 25, 2018

    Turkish Cos. Must Face Dow Suit Over Paint Trade Secrets

    A trade secret suit brought by Dow Chemical Co. against a group of Turkish companies over developments in paint technology survived a motion to dismiss Friday with a Delaware Chancery Court judge finding that Dow’s complaint adequately pled its claims.

  • May 25, 2018

    The Big Picture: One Year After TC Heartland

    One year ago the U.S. Supreme Court issued a blockbuster ruling on where patent lawsuits can be filed. It was expected to shake up patent litigation in a big way. But did that happen? Here, Law360 takes a look at the impact the case had on the patent landscape.

  • May 25, 2018

    Buyers Can't Bar Testimony In Teva Pay-To-Delay Suit

    A Pennsylvania federal judge has cleared Teva Pharmaceuticals Industries Ltd. to use deposition testimony in an antitrust class action over an alleged pay-for-delay scheme for generic versions of cholesterol drug Niaspan, ruling that the pharmaceutical giant had not weaponized information protected by attorney-client privilege.

  • May 25, 2018

    Fried Frank Nabs Stroock’s Financial Services Litigator

    Fried Frank Harris Shriver & Jacobson LLP has hired the co-head of Stroock & Stroock & Lavan LLP’s financial services litigation and enforcement practice, an expert who has represented financial institutions in securities litigation as well as entertainment companies in high-profile intellectual property disputes, the firm said recently.

  • May 25, 2018

    IP Hires: Orrick, Pillsbury, Seyfarth

    In this week's round of intellectual property attorney moves, Orrick Herrington & Sutcliffe found its new global intellectual property practice co-leader when it hired the former co-chair of Weil Gotshal & Manges' patent litigation practice, while Pillsbury Winthrop Shaw Pittman landed two partners with experience in complex intellectual property litigation and patents to lead its Taiwan practice, and Seyfarth Shaw snagged a veteran patent litigator to lead the firm's new intellectual property trial practice.

  • May 24, 2018

    Durie Tangri Beats TWiT's DQ Bid In Twitter Trademark Row

    A California federal judge on Thursday rejected a bid by video streaming service TWiT to disqualify Durie Tangri LLP from defending Twitter in a trademark suit, saying although TWiT once hired the firm, it hadn’t shown the current litigation is “substantially related” to that prior representation.

  • May 24, 2018

    Atty Group Backs Full Fed. Circ. Redo Of Google Patent Ruling

    An association of patent lawyers and agents on Wednesday urged the Federal Circuit to review en banc its decision that gave Google a new shot at invalidating Network-1’s media search patents in an inter partes review, arguing that the panel relied on “false logic” in construing the claims.

  • May 24, 2018

    Garage Door Opener Co.'s Patent Loss Trebled To $11.4M

    The maker of Ryobi garage door openers that were sold at Home Depot will see its trial loss tripled to $11.4 million after an Illinois federal judge said Wednesday that its behavior while infringing two patents belonging to Chamberlain Group Inc. was over the line.

  • May 24, 2018

    FTC Can't Get Access To Qualcomm's Internal Patent Ratings

    The Federal Trade Commission won’t be able to get access to Qualcomm’s internal patent database because the ratings there are subject to attorney-client privilege, a California federal judge said, dealing a blow to the agency’s litigation over the chipmaker’s patent-licensing practices.

  • May 24, 2018

    Gilstrap Says Huawei Patent Row Is Better Off In Texas

    U.S. District Judge Rodney Gilstrap refused to let Huawei Device USA Inc. move a Texas-based patent holder’s communications patent infringement suit to California’s Northern District, finding Wednesday that the company hadn’t shown the Golden State would be a more convenient venue.

Expert Analysis

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • A Wish For Nonexistent Cheap Drugs Is Not Standing To Sue

    Nicholas Landau

    The releases of highly effective, highly priced drugs to treat chronic diseases has bred a spate of efforts by activists to disenfranchise drug developers of their patent rights. The Federal Circuit's decision this month in AIDS Healthcare Foundation v. Gilead demonstrates how choosing the wrong venue for your patent challenge can doom it before it even starts, says Nicholas Landau of Bradley Arant Boult Cummings LLP.

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • How Supplemental Brief Can Help Ex Parte Appeals At PTAB

    rauch.jpg

    For a patent applicant, a supplemental appeal brief can be a handy tool to support your appeal when the law is changing in your favor. We recently saw this firsthand with Yahoo, says John Rauch of Brinks Gilson & Lione.

  • Trade Rep Hints At More CFIUS Scrutiny Of Biotech Deals

    Stephen Mahinka

    The Section 301 report issued in March by the United States Trade Representative highlighted foreign acquisitions and investments in the U.S. biotechnology industry. Counsel on both sides of a transaction in this sector should consider carefully whether involvement by foreign entities, especially from China, should be filed for review by CFIUS before closing, say Stephen Mahinka and Carl Valenstein of Morgan Lewis & Bockius LLP.

  • The Accidental Tourist: Examining Analogies In WesternGeco

    Daniel McDonald

    ​​While WesternGeco v. Ion concerns the ability of a U.S. patent owner to recover lost profits for foreign sales based on domestic acts of infringement, counsel and the U.S. Supreme Court justices at oral argument framed many points using an analogy of a French visitor who is hit by a car. The respondent’s version may not have worked, say Daniel McDonald and Ryan Borelo of Merchant & Gould PC.

  • Searching For Strategies In The USPTO Berkheimer Memo

    Christopher Hall

    Now that the first articles on the U.S. Patent and Trademark Office's post-Berkheimer eligibility guidance have been digested, it is time to take a deeper look and derive or strengthen arguments for patentable subject matter eligibility during patent prosecution, says Christopher Hall of Womble Bond Dickinson LLP.

  • 1 Year Of TC Heartland, 7 Lessons About Patent Venue

    Manuel Velez

    A year ago, the U.S. Supreme Court upended long-standing practice when it held that a domestic corporation “resides” only in its state of incorporation for purposes of the patent venue statute. The TC Heartland decision created many questions that courts have been grappling with ever since, says Manuel Velez of Mayer Brown LLP.

  • Opinion

    ITC Should Reconsider Realtek R&D Standard

    Rett Snotherly

    The U.S. International Trade Commission’s 2014 Realtek decision negatively impacts legitimate, domestic research and development by inserting hurdles that were neither required by the relevant statutory provisions nor consistent with the realities of how companies conduct and document their R&D efforts, says Rett Snotherly of Levi & Snotherly PLLC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.