We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Intellectual Property

  • July 20, 2018

    Fed. Circ. Dissent Slams Alice In Apple, Google Patent Win

    In a partial dissent from a decision handing Google, Apple, AOL and Yahoo a win in a patent infringement suit, a Federal Circuit judge on Friday slammed the U.S. Supreme Court’s 2014 Alice decision, expressing frustration with its definitions of “abstract ideas” and “inventive concepts.”

  • July 20, 2018

    Pharma Co. Can Peek At Just 1 Email In Cancer Research Suit

    A New Jersey federal judge on Friday denied most of a biopharmaceutical company’s bid to access more than 170 emails by a cancer researcher it claims stole proprietary materials relating to an antibody, but agreed to unshield one message between the researcher and an executive of another biopharmaceutical firm.

  • July 20, 2018

    Brand Battles: Apple, Stone Brewing, T-Mobile

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Apple files a slew of new cases in a single week, Stone Brewing picks another fight with an alcohol giant, and T-Mobile says a rival "T" logo is confusingly similar to its own.

  • July 20, 2018

    Trump Prepared To Slap Tariffs On $500B In Chinese Goods

    President Donald Trump said Friday that he is ready to levy tariffs against $500 billion worth of Chinese goods in his campaign to counter Beijing’s intellectual property and technology acquisition rules, which would cover nearly every product shipped to the U.S.

  • July 20, 2018

    Ariosa Can't Shake $27M Verdict In Illumina Prenatal IP Row

    A California federal judge on Thursday refused to toss a $27 million verdict against Roche unit Ariosa Diagnostics Inc. for infringing Illumina Inc.'s patents for at-home prenatal testing technology, but allowed Ariosa to continue selling two versions of its tests.

  • July 20, 2018

    Facing Fees, Hard Rock Drops 'RockStar' TM Case For Good

    Hard Rock Cafe is moving to permanently drop a failed trademark lawsuit against a startup called RockStar, days after a federal judge said the hospitality giant would need to repay the smaller company’s legal bills if it wanted to retain the right to restart the case in the future.

  • July 20, 2018

    Full Fed. Circ. Should Nix UCB's Vimpat Patent, Accord Says

    Generic-drug makers Accord Healthcare Inc. and Intas Pharmaceuticals Ltd. on Thursday urged the full Federal Circuit to consider invalidating a UCB Inc. patent covering the epilepsy drug Vimpat, arguing that the court's panel relied on subjective criteria to uphold the patent instead of legally mandated objectivity.

  • July 20, 2018

    Health Hires: Wilson Sonsini, Ropes & Gray, Kirkland & Ellis

    Life sciences intellectual property lawyers made big moves recently, with Wilson Sonsini snapping up an administrative patent judge for its team and Ropes & Gray and Cantor Colburn getting IP attorneys from Fitzpatrick Cella and Locke Lord. Additionally, Kirkland and O'Melveny built up their transactions practices and Baker Donelson grew its health care team.

  • July 20, 2018

    IP Hires: Munsch Hardt, DLA Piper, King & Spalding

    In this week’s round of intellectual property attorney moves, Munsch Hardt Kopf & Harr PC boosted its intellectual property services by absorbing a Dallas IP boutique, DLA Piper added a partner from McDermott Will & Emery LLP to its intellectual property practice in Los Angeles, and King & Spalding LLP added a pair of biotech and pharma experts.

  • July 20, 2018

    US Reps. Seek To Boost Patents Issued To Women, Minorities

    A bipartisan group in the U.S. House of Representatives has unveiled a bill aimed at boosting the number of patents issued to female and minority business owners, stating that the nation has a responsibility to identify best practices to close the gender, racial and income gaps in patenting.

  • July 20, 2018

    Judge OKs $54M Aggrenox Settlement In Pay-For-Delay Suit

    A Connecticut federal judge has signed off on a $54 million settlement between indirect purchasers of stroke prevention medicine Aggrenox and drugmakers Teva Pharmaceutical and Boehringer Ingelheim to end allegations the companies blocked generic alternatives to the drug from coming to the market.

  • July 20, 2018

    Fed. Circ. Says Tribal Immunity Doesn't Apply In IPR

    The Federal Circuit on Friday ruled tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board, rejecting an attempt from Allergan PLC to shield patents for its dry-eye medication Restasis by transferring them to a Native American tribe.

  • July 19, 2018

    Hernia Mesh Maker Takes IP Suit Coverage Row To 3rd Circ.

    Tela Bio Inc. on Thursday urged the Third Circuit to revive its bid to force a Chubb Ltd. insurer to cover its costs to defend against a trade secrets and unfair competition lawsuit brought by competitor LifeCell Corp. over a hernia treatment product, saying a lower court applied the wrong state’s law to the dispute and ignored potentially covered defamation claims in LifeCell’s complaint.

  • July 19, 2018

    Uber Slams Rival's 'Troubling Pattern' Of Axing Attys In IP Row

    A California state judge tapped the brakes on Uber’s bid to end claims it stole an inventor’s ride-sharing concept, saying Thursday she would wait until the man finds a new attorney — even after Uber pointed out “a troubling pattern,” noting the plaintiff had terminated contracts with three consecutive law firms in the case.

  • July 19, 2018

    Amdocs, Openet Settle IP Row That Saw Rare Alice Reversal

    Amdocs and Openet reached a licensing deal to end a patent infringement dispute over computer network monitoring technology that at one point saw a split Federal Circuit panel make a rare reversal of a lower court’s invalidation of the patents under Alice, the companies said Thursday.

  • July 19, 2018

    Philips Accused Of Patent ‘Holdup’ In Cell Tech Antitrust Suit

    A Swiss tech company slapped Philips with an antitrust lawsuit Thursday in California federal court, claiming the Dutch multinational reneged on its pledges to license its standard-essential cellular technology patents on fair, reasonable and nondiscriminatory terms.

  • July 19, 2018

    Ex-RIAA Exec Joins Coblentz Patch IP Practice

    The Recording Industry Association of America's former senior vice president of litigation and legal affairs is joining the San Francisco-based Coblentz Patch Duffy & Bass LLP as a partner, the firm announced Wednesday.

  • July 19, 2018

    Wine Storage Co. Sees Counterclaims Trimmed In IP Suit

    A New York federal judge on Thursday axed Vinotemp International Corp.’s counterclaim that a rival infringed its design patent for the face of a wine rack shelf after holding that no ordinary person would find the items substantially similar, but concluded that the company’s trade dress allegation was plausible.

  • July 19, 2018

    Genomic Cancer Testing Cos. Settle IPRs, Infringement Suit

    Foundation Medicine Inc. and Guardant Health Inc. have agreed to settle litigation in Delaware federal court accusing Guardant of infringing a patent for harnessing a patient's genome to help treat cancer, along with three related challenges at the Patent Trial and Appeal Board, the companies announced Wednesday.

  • July 19, 2018

    Senate Passes Bill Boosting Patent Outreach To Small Biz

    The U.S. Senate has passed a bipartisan bill that aims to help small businesses protect their intellectual property by boosting educational resources explaining how to obtain and protect patents, particularly in foreign markets, according to a statement Thursday from the Senate Committee on Small Business and Entrepreneurship.

Expert Analysis

  • The Millennial Juror’s Thoughts On IP

    Johanna Carrane

    Millennials represent more than 25 percent of the U.S. population and grew up immersed in technology. Anyone preparing to face a patent jury should consider how this age group feels about the patent world. Our analysis of 5,000 mock jurors showed two important overall conclusions, say Johanna Carrane and Lynn Fahey of JuryScope Inc.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • The Role Of IP In The Crypto Bubble

    Aaron Parker

    Crypto markets experienced a sharp downturn in the first half of 2018. But strategically positioned blockchain-related patent and trademark rights can help keep a company financially and technologically relevant through even turbulent times, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • How Courts Are Analyzing Copyright Protection For Software

    Mark Moore

    Two recent copyright decisions reflect a challenge for companies seeking to protect their software — courts' highly nuanced examinations of the functionality and structure of the software at issue in determining whether copyright protection is warranted, says ​​​​​​​Mark Moore of Reavis Page Jump LLP.

  • Del. Ruling Offers Trade Secret Reminders For Startups

    Josh Fowkes

    The Delaware Chancery Court's recent decision in Alarm.com v. ABS highlights the tension an emerging company often faces with its potential outside investors over its trade secrets, say Josh Fowkes and Brandi Howard of Arent Fox LLP.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Praxair's New Twist On Subject Matter Ineligibility

    Paul Zagar

    Notwithstanding well-settled precedent, the Federal Circuit in Praxair v. Mallinckrodt expressly equated printed matter limitations lacking patentable weight with patent-ineligible subject matter, says Paul Zagar of Leason Ellis LLP.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.