Intellectual Property

  • April 27, 2017

    Alsup Mulls ‘Poetic Justice’ Of Forcing Waymo To Arbitrate

    U.S. District Judge William Alsup heard oral arguments Thursday over whether Uber can use Waymo’s own arbitration agreement with a former engineer to compel arbitration of Waymo’s driverless-car trade secrets suit, commenting that it would be “poetic justice” to bind the Alphabet unit to the contract’s broad language.

  • April 27, 2017

    USPTO Refuses Trademark For 'She Persisted' Rallying Cry

    The U.S. Patent and Trademark Office has refused to register "Nevertheless, She Persisted" as a trademark, saying the phrase — a Democratic rallying cry derived from an infamous rebuke of Senator Elizabeth Warren — doesn’t function as a trademark.

  • April 27, 2017

    ITC Investigates LG Complaint Against Blu Products

    The U.S. International Trade Commission said Wednesday that it would investigate a complaint by LG Electronics Inc. alleging that Florida-based Blu Products Inc. has imported smartphones that infringe five of its LTE standard patents.

  • April 27, 2017

    Holland & Knight Expands IP Practice With Ex-Quinn Atty

    Holland & Knight LLP is building an intellectual property presence in Dallas with the new addition of partner Robert S. Hill, an intellectual property litigation specialist who was formerly of counsel with Quinn Emanuel Urquhart & Sullivan LLP in Los Angeles.

  • April 27, 2017

    Generic Drug Patent Cases Fell By One-Third In 2016: Report

    The number of patent suits over generic drugs filed in 2016 dropped by 32.5 percent over the previous year, according to a report released on Thursday by Lex Machina, a decline that an attorney says may be due to the rise of inter partes reviews and other factors.

  • April 27, 2017

    Fracking Tech Co.'s 'Reactive' TM Is Generic, Judge Rules

    A fracking technology company may not use the word “reactive” as a trademark in its product marketing, a federal judge in the Eastern District of Texas ordered Thursday, saying the word is generic.

  • April 27, 2017

    Enhanced Damages Stay In $19.2M Samsung Patent Ruling

    A Texas federal judge Thursday found a new Patent Trial and Appeal Board ruling was not grounds to cancel an enhanced damages award against Samsung Electronic Co. Ltd. in a patent suit brought by an intellectual property firm.

  • April 27, 2017

    Norton Rose Skirted ABA Model Rules, But Can Stay In IP Row

    Norton Rose Fulbright can keep defending Expedia and others in a consolidated suit over an online-ordering patent, a California federal judge ruled Wednesday, while warning that the firm had run afoul of professional conduct standards by allowing an apparently conflicted attorney to work on the case in the first place.

  • April 27, 2017

    Fee Awards Loom Large In Patent Law 3 Years After Octane

    Three years ago, the U.S. Supreme Court’s Octane Fitness decision made it easier for winning parties in patent cases to recover attorneys’ fees, which statistics show has markedly increased the number of fee requests and awards and which attorneys say has made litigants more rigorous about presenting strong arguments.

  • April 27, 2017

    Duracell Sues Over Gray Market Chinese Batteries

    Duracell filed a lawsuit in Chicago federal court Thursday accusing a Missouri wholesaler of selling so-called gray market versions of the company’s famous copper-top alkaline batteries.

  • April 27, 2017

    PTAB To Review Adidas Patents For Springblade Shoes

    Skechers USA Inc. won a round in its ongoing intellectual property battle with rival shoemaker Adidas AG on Wednesday, when the Patent Trial and Appeal Board agreed to institute inter partes review of two Adidas patents covering its Springblade running sneaker.

  • April 27, 2017

    Amphastar Wants Momenta Drug Standards Info In Patent Suit

    Amphastar Pharmaceuticals Inc. told a Massachusetts federal judge on Wednesday that Momenta Pharmaceuticals Inc. should disclose recent communications with the scientific nonprofit that creates enforceable drug standards for the pharmaceutical industry in a patent suit over generic versions of the blood thinner Lovenox.

  • April 27, 2017

    2nd Circ. Says Gov't Must Stick To BMI Appeal Deadline

    The Second Circuit stuck to its guns Wednesday and denied the U.S. Department of Justice’s second request for more time to file its principal brief in its appeal of a decision siding with Broadcast Music Inc. over a decades-old antitrust agreement governing the licensing of music performance rights.

  • April 27, 2017

    2nd Circ. Reverses NYU's $3.5M Award In Drug License Spat

    The Second Circuit on Wednesday reversed a $3.5 million summary judgment in favor of New York University in a breach of contract dispute between the school and drugmaker Galderma Laboratories, finding that the district court had no basis to conclude the rosacea drug Oracea was or wasn’t a licensed product.

  • April 26, 2017

    Fed. Circ. Can’t Skip Opinion In PTO Cases, High Court Told

    A patent attorney and inventor has asked the U.S. Supreme Court to weigh in on the Federal Circuit’s use of summary orders, arguing the appeals court is required by law to issue an opinion in appeals arising from the U.S. Patent and Trademark Office.

  • April 26, 2017

    Dow Could Collect Biggest Patent Award In Canadian History

    Canada's Supreme Court has dismissed Nova Chemicals' application to appeal a decision that it infringed a Dow patent on polyethylene compositions used in packaging, leaving intact a lower court ruling that could result in the largest damages award in the history of Canadian patent law.

  • April 26, 2017

    Banks, Patent Owner Spar Over Fed. Circ. CBM Review Limits

    The banking industry and others have told the full Federal Circuit that a panel decision limiting the scope of America Invents Act covered business method patent reviews will cripple the program, while the patent owner in the case said Wednesday that such claims are “simply unfounded.”

  • April 26, 2017

    60 Cos., Trade Groups Urge Trump To Back USPTO's Lee

    More than 60 companies and associations spanning the nation’s major industries are urging the Trump administration to keep Michelle Lee on as the director of the U.S. Patent and Trademark Office, according to a letter sent to the president and Commerce Secretary Wilbur Ross on Tuesday.

  • April 26, 2017

    Bayer Fights En Banc Review Of Dow's $455M Patent Loss

    Bayer urged the Federal Circuit on Tuesday to deny Dow's request for en banc rehearing of a ruling that upheld a $455 million arbitration award against Dow for infringing Bayer's weed control patents, arguing that arbitration awards are subject to limited review.

  • April 26, 2017

    Judge Will Retry $14.5M Damages Verdict In Contract Dispute

    A New York federal judge on Wednesday affirmed a jury’s verdict that Tesla Wall Systems LLC's ex-president breached his employment contract but tossed its finding that he owes $14.5 million for undermining the company, saying Tesla’s sole expert — and therefore, the jury — ignored the company’s financial woes.

Expert Analysis

  • Justices Struggle With BPCIA Enigma

    Tasha Francis

    Amgen v. Sandoz is the U.S. Supreme Court's first opportunity to weigh in on the Biologics Price Innovation and Competition Act. At oral argument on Wednesday, the U.S. Food and Drug Administration’s role in interpreting and applying the BPCIA provisions took center stage, say Tasha Francis and Jenny Shmuel of Fish & Richardson PC.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • PTAB Follows Case Law, Design Examiners Should Too

    Tracy-Gene Durkin

    Recent Patent Trial and Appeal Board decisions have revealed significant inconsistencies between how the board and the design examination corps are interpreting case law. The most noticeable is with regard to the written description requirement under Section 112 and its role in establishing a priority claim under Section 120, say Tracy-Gene Durkin and Daniel Gajewski of Sterne Kessler Goldstein & Fox PLLC.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Opinion

    Time For High Court To Clarify Presumption Of Patent Validity

    Charles Macedo

    Courts continue to invalidate patents under Section 101 without adhering to the presumption of validity standard mandated by Congress in Section 282 and the U.S. Supreme Court in i4i. The Supreme Court can set the record straight in Broadband iTV v. Hawaiian Telcom, say Charles Macedo and Sandra Hudak of Amster Rothstein & Ebenstein LLP.

  • Why Colbert Can't Play 'Colbert': Tonight's Word — Copyright

    Adam Litwin

    Last week, "The Late Show" daringly flouted Viacom’s wishes by having host Stephen Colbert reprise his "Colbert Report" character to bid farewell to Bill O’Reilly. With CBS exercising such blatant disregard for Viacom’s demand, the situation is sure to come to a head, says Adam Litwin of Bell Nunnally & Martin LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Lessons From Post-Halo Enhanced Damages Decisions

    Jeffrey Totten

    In the 10 months since the U.S. Supreme Court’s Halo decision confirmed district courts’ discretion in enhancing damages for patent infringement, courts have produced a spectrum of damages outcomes. Exploring these early decisions reveals several considerations for parties assessing a competitor’s patent, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.