Intellectual Property

  • February 16, 2018

    Boston Scientific IP Attys Must Defend Doc-Redact Request

    A California federal judge on Thursday denied Boston Scientific Corp.’s bid to seal documents related to Nevro Corp.’s suit claiming infringement of its spinal cord pain treatment patents, saying Boston’s attorneys must file explanations why they shouldn’t be sanctioned for “frivolous and vexatious conduct.”

  • February 16, 2018

    Merck Unit Loses $2.5B Verdict As Hep C Patent Invalidated

    A Delaware federal judge dismantled a Merck & Co. unit’s $2.5 billion jury verdict win over Gilead Sciences Inc. in an infringement suit over a hepatitis C drug patent, finding Friday that the patent’s claims weren’t specific enough for an experienced scientist to successfully re-create the formula.

  • February 16, 2018

    PTAB Will Review Amgen Patent Tied To Sanofi Eczema Drug

    The Patent Trial and Appeal Board said Thursday it would review a patent owned by Amgen unit Immunex — which Sanofi says stands in the way of its new eczema biologic — with the board finding Sanofi met the standard set out in its recent General Plastic ruling.

  • February 16, 2018

    Brand Battles: Greenwood Refused 'God Bless The USA' TM

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, country singer Lee Greenwood appeals after being refused a registration on the name of his most famous hit, Major League Baseball welcomes spring training by aiming to block a "Spring Training" mark, and Allstate takes its "Drivewise" battle with Kia to the board.

  • February 16, 2018

    Momenta, Sandoz Can't Nix Drug Antitrust Suit, Court Told

    A Tennessee hospital urged a federal court Thursday to keep its antitrust lawsuit against Momenta Pharmaceuticals Inc. and Sandoz Inc. alive because a related challenge to a Momenta patent is ongoing.

  • February 16, 2018

    IRS Asserts Coca-Cola Undervalued Property In $3B Tax Case

    Arrangements between The Coca-Cola Co. and foreign licensees did not accurately reflect the value of the company's intangible property, allowing the beverage producer to avoid significant U.S. taxes, the IRS said in a pretrial memorandum filed Thursday in its $3.3 billion transfer pricing dispute with Coca-Cola in the U.S. Tax Court.

  • February 16, 2018

    Atty Fees For Delayed TM Compliance Unfair, 9th Circ. Told

    An organization for California farmers that was barred from using the trademarked word “Grange” in its name asked the Ninth Circuit on Friday to reverse an order requiring it to pay the other side's attorneys’ fees, arguing any delays in complying with the injunction were not willful or malicious.

  • February 16, 2018

    Fed. Circ. Affirms PTAB Ruling In $62M Snap-On Tool Case

    The Federal Circuit affirmed on Friday a number of Patent and Trial Board rulings that found three Milwaukee Electronic Tool Co. patents, which were successfully asserted against toolmaker Snap-On for $62 million, to be non-obvious over prior art, concluding that while the board’s claim construction was not entirely correct, it was only a “harmless error.”

  • February 16, 2018

    IP Hires: Crowell & Moring, Gibson Dunn, Skadden

    In this week's intellectual property partners on the move, Crowell & Moring boosts its ranks with the addition of a seasoned patent litigator, Gibson Dunn lands a new partner with a high-profile IP and technology transactions practice, and Skadden snags the former leader of Quinn Emanuel's trade secrets practice group. Here are the details on these and other notable IP hires.

  • February 16, 2018

    Apple Gets $6.5M Ongoing Royalties In Samsung IP Dispute

    A California federal judge on Thursday granted Apple almost $6.5 million in ongoing royalties from Samsung in the companies’ dispute over patented designs, but denied the tech giant's request for ongoing royalties on products containing design-arounds.

  • February 16, 2018

    BakerHostetler Adds Ex-Norton Rose IP Pro In LA

    BakerHostetler has added a former Norton Rose Fulbright intellectual property attorney who brings to its Los Angeles office a focus on patent and trademark prosecution, portfolio management and strategic counseling both at home and abroad, the firm announced Friday.

  • February 16, 2018

    Dickinson Wright Nabs IP Expert From Squire Patton Boggs

    Dickinson Wright PLLC has broadened its intellectual property bench with a former Squire Patton Boggs LLP attorney whose early experience on nuclear submarines at the U.S. Naval Academy catapulted a more than 20-year career preparing and prosecuting patent applications in the electronic, software and mechanical industries.

  • February 16, 2018

    Texas Justices Pass On Code Developer's 'Contractor' Row

    The Texas Supreme Court on Friday declined to consider a software developer’s suit in which he claimed that a trial court incorrectly ruled he was an employee and not an independent contractor of the drilling technology company that demanded he hand over a computer application he wrote.

  • February 16, 2018

    Fed. Circ. Backs Coke’s Quick Alice Win On Inventory Patent

    The Federal Circuit on Friday ruled that a Georgia federal judge correctly invalidated four inventory tracking patents asserted against The Coca-Cola Co. for claiming abstract ideas, following two recent high-profile decisions faulting judges for too quickly granting similar motions.

  • February 16, 2018

    'Star Wars' Card Game Isn't A Trademark, App Co. Says

    Facing a trademark lawsuit from Walt Disney Co.’s Lucasfilm Ltd., a British gamemaker said Thursday that the studio cannot claim trademark rights to a fictional card game featured in “Star Wars.”

  • February 16, 2018

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

    The last week has seen Chubb bring an action against U.S. forestry giant Weyerhaeuser, Russia's Kapital Insurance lodge a claim against more than a dozen insurers and reinsurers, and the Financial Services Compensation Scheme sue Heritage Corporate Trustees for breach of fiduciary duty. Here, Law360 looks at those and other new claims in the U.K.

  • February 15, 2018

    O'Bannon Meets 'Game Of Thrones' In 9th Circ. NCAA Row

    The NCAA urged the Ninth Circuit on Thursday to reject a $42 million fee award to attorneys for student-athletes who successfully fought rules barring them from exploiting their publicity rights, arguing the students didn’t win their whole case and the lower court erroneously used an “all-or-nothing, winner-takes-all, 'Game of Thrones' approach” to fees.

  • February 15, 2018

    Disney, Others Beat ‘Mickey’ Singer Toni Basil’s TM Claims

    A California federal judge on Thursday granted a bid by Disney, Kohl’s and Forever 21 to dismiss a trademark infringement claim brought by Toni Basil, the singer of 1981’s one-hit wonder song “Mickey,” that accused all three companies of using her image and voice to advertise their own products.

  • February 15, 2018

    Cisco’s 'Insane' IP Defense Fails In Arista Antitrust Row

    A California federal judge on Wednesday agreed to strike most of Cisco defenses against an antitrust suit brought by Arista over the sales of Ethernet switches, including a hotly contested infringement defense, which Arista’s counsel called “breathtakingly broad, unprecedented and insane.”

  • February 17, 2018

    CORRECTED: Embedding Tweets Can Be Infringement, Judge Says

    A New York federal judge found Thursday that a slew of news organizations, including Yahoo, Time, The Boston Globe and Gannett, infringed a photographer’s copyrighted picture of NFL quarterback Tom Brady when they embedded tweets containing the image within articles on their websites. (Correction: An earlier story incorrectly described the underlying actions that constituted infringement. The error has been corrected.)

Expert Analysis

  • Register Your California Cannabis Trademarks Now

    Joshua Cohen

    Any cannabis business that is holding its breath waiting for the U.S. Patent and Trademark Office to start registering cannabis-related trademarks should give up. But those located in states that have legalized recreational and/or medicinal cannabis should immediately seek state trademark registration where available, says Joshua Cohen, leader of Wendel Rosen Black & Dean LLP's intellectual property group.

  • Tension Over 'Place Of Business' Timing For Patent Venue

    Brian Kwok

    Post-TC Heartland, an increasingly common venue dispute revolves around whether a patent defendant must have its "regular and established place of business" in the judicial district when filing the complaint, or only when the alleged act of infringement occurred. Two recent district court decisions appear to answer this question differently, say Brian Kwok and Winnie Wong of Haynes and Boone LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Why President Ford Belongs On Copyright’s Mount Rushmore

    David Kluft

    Many of the American presidents we traditionally honor on Presidents’ Day contributed to the development of U.S. copyright law. You may not think of Gerald Ford, but he signed into law the Copyright Act of 1976 and his memoirs played an important part in defining the fair use doctrine, says David Kluft of Foley Hoag LLP.

  • Hearsay Hurdle: Proving Nonpatent Literature Is Prior Art

    Rachel Emsley

    For petitioners at the Patent Trial and Appeal Board, showing nonpatent literature publications to be “prior art” presents a twofold challenge. The PTAB recently discussed the public accessibility issue. But the second issue — whether the evidence comports with the Federal Rules of Evidence — may be less familiar to parties at the PTAB, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.

  • A Back-To-Basics Approach To Patent Damages Law

    Aaron Fahrenkrog

    The Federal Circuit's recent decision in Finjan demonstrates how creating patent-specific rules for damages creates uncertainty for future litigants. The patent community would benefit from the law of patent damages returning to fundamental tort and evidentiary principles, say attorneys with Robins Kaplan LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Meditate On The Clause

    Ambassador David Huebner

    I have often suggested at arbitration conferences that the writing of any more articles on how to draft an arbitration clause should be outlawed. Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses cause confusion. At the risk of contributing to the scourge of online clutter, I will share a few brief thoughts on clause misfires, says David Huebner, a JAMS panelist and former U... (continued)