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Intellectual Property

  • August 20, 2018

    Allergan, Tribe Want PTAB Immunity Denial Reheard En Banc

    The Saint Regis Mohawk Tribe and Allergan PLC on Friday asked the Federal Circuit court to reconsider en banc its ruling last month that tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board, which rejected the drugmaker’s attempt to shield patents for its dry-eye medication Restasis by transferring them to the Native American tribe.

  • August 20, 2018

    Judge Who Let Case Drop, But With Fees, Flipped In 2nd Circ.

    The Second Circuit on Monday reversed a New York federal judge’s decision to order a digital payments company to pay legal expenses to a licensee as a condition of dropping its late-stage lawsuit, saying in a published decision that the payments firm should have been given a chance to consider pressing forward with its suit.

  • August 20, 2018

    Sparse Detail Gets Parking Meter Co. $100K Of $1.4M Fee Bid

    A California federal judge has slammed a Milwaukee-based parking meter company for not providing enough detail in its request for $1.4 million in attorneys' and expert fees, awarding the meter company just $100,000 for legal expenses it incurred defending itself against patent infringement claims levied by a San Diego-based telecommunications company.

  • August 20, 2018

    UPS Hit With Suit Over Trademark Threats Against Worker

    A United Parcel Service employee sued the company in Georgia federal court on Monday after being threatened with a trademark lawsuit for using the company’s name, logo and colors in the course of criticizing the treatment of workers.

  • August 20, 2018

    9th Circ. Won't Revive VidAngel's Claims Against Studios

    The Ninth Circuit on Friday denied VidAngel Inc.'s bid to revive antitrust counterclaims targeting Disney Enterprises Inc., Lucasfilm Ltd. LLC and other movie studios in a copyright suit against it, finding that the family-friendly streaming service hadn’t shown a conspiracy against it.

  • August 20, 2018

    La. Eatery Owner Urges 5th Circ. To Uphold Win In TM Spat

    The current owner of famous New Orleans restaurant Camellia Grill has urged the Fifth Circuit to affirm a lower court decision that the eatery’s former owner does not own a protectable trade dress and thus can't support its infringement claim in the restaurateurs’ long-running dispute over a license agreement.

  • August 20, 2018

    Romag Atty Fees Award Cut To $2.4M In Bag Fastener IP Row

    A Connecticut federal judge has slashed a $2.65 million attorneys’ fees award by 10 percent, finding that Romag Fasteners Inc. cannot recoup any of its costs related to its patent infringement claims against Fossil Inc. and Macy’s Inc. over counterfeit snaps on handbags.

  • August 20, 2018

    CVS, Rite Aid Hit AbbVie With Antitrust Suit Over AndroGel

    CVS Pharmacy Inc. and Rite Aid Corp. have joined the slew of antitrust lawsuits against AndroGel maker AbbVie Inc. and its affiliates and are seeking triple damages against the company for allegedly delaying the availability of cheaper generic drugs through patent lawsuits.

  • August 20, 2018

    USPTO Will Waive Or Refund Filing Fees After Systems Outage

    The U.S. Patent and Trademark Office is offering to refund or waive paper filing fees for patent applicants after its systems went down last week, adding on Monday that "our best estimate at this time is that service will be restored sometime tomorrow.”

  • August 20, 2018

    7th Circ. Gives Law Firm 2nd Shot At Suing Lupin For Fees

    The Seventh Circuit revived a law firm's suit against Lupin Ltd. and its subsidiary Lupin Pharmaceuticals Inc. over unpaid fees Monday, saying the company was subject to the lengthy statute of limitations on written contracts in Illinois even though it never signed the firm’s engagement letter.

  • August 20, 2018

    Stephen King Fights Partial Win Bid In Comic Book IP Row

    Stephen King urged a Florida federal judge on Monday to reject a bid for an early win by the nephew of a comic book writer who claims King ripped off his uncle's “The Rook” time-traveling comic books to create the Roland Deschain character in King’s “Dark Tower” series.

  • August 20, 2018

    ISP Says Record Cos. Want It To Be ‘Copyright Police’

    Grande Communications warned a Texas federal judge Friday that Universal Music Group and a host of other recording companies are trying to make internet service providers their “de facto copyright enforcement agents.”

  • August 20, 2018

    PopSugar Seeks To Nip Instagram Influencer's IP Class Action

    PopSugar Inc. urged a California federal court on Friday to toss a law degree-holding Instagram influencer’s proposed class action over allegedly copied posts, arguing that she can’t accuse them of copyright infringement without proving that she registered the copyrights before filing suit.

  • August 20, 2018

    Fed. Circ. Reverses Rejection Of Shoe Design Patent App

    The Federal Circuit on Monday reversed a Patent Trial and Appeal Board decision rejecting an application for a patent on the design of a shoe bottom, finding the board misapplied the law on indefiniteness in the context of design patents.

  • August 20, 2018

    Ex-NFL Players Can't Sue EA Over 'Madden' Game As A Class

    A California federal judge has ruled that retired players cannot collectively sue Electronic Arts Inc. for featuring them in Madden NFL video games without authorization, a major victory for the game maker after years of litigation.

  • August 20, 2018

    Fed. Circ. OKs Fee Win For Timberlake, Spears In Patent Case

    The Federal Circuit on Monday upheld an award of $737,000 in attorneys’ fees to pop stars Justin Timberlake and Britney Spears, agreeing with a lower court that a failed patent suit against them over display technology was unreasonable and weak.

  • August 20, 2018

    9th Circ. Revives Case Against CBS Over Pre-1972 Songs

    The Ninth Circuit on Monday revived a lawsuit against CBS over radio broadcasts of so-called pre-1972 recordings, overturning a novel ruling that “remastered” versions of old tracks are entirely new copyrighted songs.

  • August 20, 2018

    Patent Litigation In The Netherlands: What You Need To Know

    The final European stop on Law360's look at prominent patent jurisdictions is the Netherlands, a small country that punches above its weight in the patent litigation landscape, with fast-moving and inexpensive proceedings that allow patent owners to score powerful injunctions.

  • August 20, 2018

    Rising Star: Keker Van Nest's Ajay Krishnan

    Keker Van Nest & Peters LLP’s Ajay Krishnan has secured numerous victories on behalf of his technology clients over his career, including a win for Arista Networks Inc. in a $335 million copyright and patent infringement suit over networking technology, landing him a spot as one of six intellectual property lawyers honored by Law360 as Rising Stars.

  • August 20, 2018

    Latham Fortifies Star IP Trial Team With WilmerHale Atty

    A former WilmerHale patent litigator who has represented clients in disputes in industries ranging from pharmaceuticals to social networking is the fourth senior trial lawyer to join Latham & Watkins LLP’s Washington, D.C., practice within a year, Latham announced recently.

Expert Analysis

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • FDA Biosimilars Plan Draws From Experience With Generics

    Maria Doukas

    The U.S. Food and Drug Administration recently unveiled its Biosimilars Action Plan, intended to help streamline the development of biosimilars and promote competition across the market. This is similar to the FDA's 2017 plan focused on generic drugs, but key differences may help the BAP fare better at achieving its objectives, say attorneys at Morgan Lewis & Bockius LLP.

  • Opinion

    Fixing Rule 41: A Balanced Approach To Voluntary Dismissal

    Adam Gershenson

    As written and often applied, Federal Rule of Civil Procedure 41 — governing voluntary dismissal — allows claimants to aggressively pursue baseless claims, essentially risk-free. A simple change would recalibrate the rule to allocate risk more rationally, properly align incentives and better protect parties responding to meritless suits, say attorneys at Cooley LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • How FIRRMA Will Change National Security Reviews: Part 2

    Jeff Bialos

    The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How Courts Approach Trade Secret Identification: Part 2

    Mark Klapow

    Early trade secret identification is a thorny issue on which courts and commentators have not reached consensus. Attorneys at Crowell & Moring LLP propose a model trade secret identification process that serves the interests of both sides in a dispute.

  • Rebuttal

    A Decade Of US Patent Reform Has Gone Too Far

    Boyd Lemna

    In a recent Law360 guest article, John Thorne of the High Tech Inventors Alliance argued that enactment of the Restoring America's Leadership in Innovation Act would threaten positive changes in patent quality and American innovation. However, many of those same changes have had a serious negative impact on the patent system and the innovation economy, says Boyd Lemna of Personalized Media Communications LLC.

  • Ensnarement — A 2nd Bite At The Noninfringement Apple

    Brian D. Coggio

    Ensnarement is a potent defense to a finding of infringement under the doctrine of equivalents, as seen last month when a Massachusetts federal court granted Celltrion’s motion for summary judgment of noninfringement, holding that Janssen’s proposed hypothetical claims ensnared the prior art, say Brian D. Coggio and Ron Vogel of Fish & Richardson PC.

  • Using Ex Parte Seizures Abroad To Obtain IP Evidence

    Nicholas J. Boyle

    Practitioners should know how to use foreign search and seizure law to secure evidence of wrongdoing that can be introduced in U.S. intellectual property lawsuits. A recent copyright case, CoStar Group v. Xceligent, illustrates the benefits of invoking these ex parte provisions, say Nicholas J. Boyle and C. Bryan Wilson of Williams & Connolly LLP.