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Intellectual Property
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Featured
'On Sale' Ruling Shows Need For Earlier Patent Applications
The U.S. Supreme Court’s decision not to revive a Helsinn patent on the nausea drug Aloxi has clarified the scope of the on-sale bar under the America Invents Act and underscored the need for inventors to file their patent applications as early as possible.
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January 22, 2019
Video Game Maker Used Artwork Online Without OK, Jury Told
Slot game technology maker International Game Technology PLC used copyrighted art and graphics for several of an Illinois company’s slot games without permission when the company launched them into cyberspace for online play, a federal jury heard Tuesday.
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January 22, 2019
Fed. Circ. Upholds Win For Verizon In GPS Patent Suit
A Delaware federal court did not err in how it construed a claim term in a patent for GPS-guided maps asserted against Verizon affiliates, the Federal Circuit determined on Tuesday.
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January 22, 2019
UBS Countersues Bloomberg In Data Misuse Row
UBS AG fired its own breach of contract claim at Bloomberg Finance LP on Friday in a suit that accuses UBS of redistributing proprietary data without authorization, telling a New York federal court that its use of the data was above board and that by “acting arbitrarily and/or irrationally in 2018,” Bloomberg was out of line.
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January 22, 2019
Valeant Urges Fed. Circ. To Revive Antifungal Patent
The Patent Trial and Appeal Board invalidated a patent covering Valeant Pharmaceuticals’ Jublia by expanding the definition of what the antifungal medication treated, the drugmaker told the Federal Circuit in a bid to revive the patent.
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January 22, 2019
Direct Buyers Fight GSK, Teva's Bid To Stay Lamictal Suit
Drug wholesalers urged a New Jersey federal court Monday to nix a bid from GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. to pause an antitrust suit over the availability of generic alternatives to epilepsy drug Lamictal while the companies seek Third Circuit review of the direct buyers’ class certification.
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January 22, 2019
Hologic Settles Fujifilm's IP, Antitrust Mammography Suit
Hologic Inc. is settling out of a Delaware federal court lawsuit from Fujifilm Corp. accusing the medical technology company of patent infringement and maintaining an illegal monopoly over the U.S. market for mammography systems used to diagnose breast cancer.
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January 22, 2019
Fed. Circ. Axes Adobe Appeal In Patent Contract Suit
The Federal Circuit on Tuesday dismissed Adobe Inc.’s appeal of a lower court’s decision limiting the damages available in Adobe’s breach of contract suit against a company from which it had licensed a patent, saying the order was not an appealable final decision.
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January 22, 2019
Fed. Circ. Affirms Toshiba Win Over LCD Screen IP Suit
The Federal Circuit on Tuesday upheld a Delaware federal judge’s ruling that LCD screens made by Toshiba Corp. and Funai Electronic Co. Ltd. did not infringe on patents owned by MiiCs & Partners America Inc., rejecting arguments by MiiCs that the judge misinterpreted a term for the location of the thin film transistor in the screens.
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January 22, 2019
Google, Others Get 3 Of 6 Siri Tech Patents Axed By Alice
Three patents on digital voice assistant technology developed by the company behind Apple’s Siri voice recognition software and asserted against Google and other tech giants are invalid for claiming only abstract ideas, but three others are not, a Delaware federal judge ruled Friday.
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January 22, 2019
Consumer Orgs Say NAFTA 2.0 Will Keep Drug Prices High
A group of 71 organizations sent a letter Tuesday to members of Congress urging them to remove provisions in the revised version of the North American Free Trade Agreement that would allow pharmaceutical companies to keep charging high prices, saying that pushing the same policies onto Mexico and Canada is not the solution to the drug pricing problem.
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January 22, 2019
Startup Humu Defends Name After Hulu Threatens TM Suit
A human resources startup called Humu, founded by a trio of former Google executives, filed a preemptive lawsuit in California federal court Friday after streaming giant Hulu threatened the company with trademark litigation.
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January 22, 2019
SG To Argue At Supreme Court In Bankrupt Brand's TM Case
The federal government will participate in arguments next month when the U.S. Supreme Court considers whether a bankrupt brand owner can unilaterally revoke a trademark license, according to a filing Tuesday.
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January 22, 2019
IP Group Of The Year: Susman Godfrey
Susman Godfrey LLP delivered a $706.2 million trial verdict for HouseCanary in a trade secrets case over real estate valuation technology, and defended Uber against Waymo in the companies' self-driving car trade secret battle, securing a spot among Law360's IP Groups of the Year.
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January 22, 2019
Fed. Circ. Urged Not To Review Venue In $20M Cialis IP Row
A German pharmaceutical company has urged the Federal Circuit not to rehear a panel decision that upheld a $20 million Eastern District of Texas jury verdict that Eli Lilly and Co.’s Cialis drug infringed its patent, saying that Lilly lost its chance to make validity and venue challenges by not raising them earlier.
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January 22, 2019
TVEyes, Fox News End Copyright Case With Settlement
TVEyes, a subscription-based search engine for TV clips at the center of a long-running copyright lawsuit, has reached a settlement with Fox News to end the case six weeks after the U.S. Supreme Court refused to hear it.
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January 22, 2019
Google, Patent Holder Reach Deal In Infringement Case
Seven Networks LLC has reached a tentative settlement in its lawsuit accusing Google LLC of infringing on patents related to mobile traffic and battery life conservation, leading a Texas federal judge to stay the case.
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January 22, 2019
High Court Says AIA Did Not Change Meaning Of On-Sale Bar
The U.S. Supreme Court on Tuesday held the America Invents Act did not narrow the scope of the on-sale bar in patent cases, leaving unchanged a long-standing rule that confidential sales of an invention can be used to invalidate a patent.
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January 18, 2019
Qualcomm Exec Says Google, FTC Deal Was Royalties Model
A Qualcomm executive took the stand Friday during a California federal bench trial over the Federal Trade Commission's allegations the company's "no license, no chips" practice violates antitrust laws, testifying that it modeled its standard-essential patent process after Google's 2013 consent decree with the FTC.
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January 18, 2019
Brand Battles: Volkswagen, Coca-Cola, 'Shark Tank'
In Law360's latest roundup of new cases at the Trademark Trial and Appeal Board, German auto giants Daimler and Volkswagen spar over "Smart" cars, Coca-Cola cites Smartwater to block a "Sportwater," and Sony argues that "Shark Tank" presents a different trademark story than a normal TV show title.
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January 18, 2019
Red Bull Moves To Halt NJ Gas Station's Foreign Drink Sales
The makers of Red Bull energy drink on Friday slapped a New Jersey Lukoil gas station with a trademark infringement suit accusing it of selling a version of the drink that’s only authorized for sale outside of the U.S. and thus subject to different quality-control standards.
Editor's Picks
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Law360's MVPs Are Top Of The Class In IP Law
Stand-out intellectual property attorneys this year landed multimillion dollar verdicts, prevailed at the Supreme Court, and clarified patent infringement standards at the Federal Circuit. The accomplishments of these six IP lawyers set them apart from their peers and earned them spots on Law360's list of Intellectual Property MVPs.
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Iancu Says Greater Clarity Is Driving Force In USPTO Changes
U.S. Patent and Trademark Office Director Andrei Iancu told Law360 in an interview Thursday that the many changes he has spearheaded during his busy first year in office should provide a clearer landscape where patentees and the public know better how patent disputes might play out.
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What You Need To Know About IP Litigation Around The Globe
The challenges of U.S. patent litigation, combined with increasing levels of comfort with courts in Europe and Asia, are driving companies in high-stakes disputes to increasingly look beyond the U.S. and adopt global enforcement strategies. But it can be daunting to sift through the intricacies of patent litigation around the world. Here, we break down what you need to know about some of the world’s hottest patent venues.
Expert Analysis
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Opinion
Courts Are Getting It Right On Litigation Funding Discovery
Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.
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International Law In 2018: Key Developments
2018 was full of important developments in international law, including a new North American trade treaty, significant litigation at the International Court of Justice, and rulings by various bodies related to environmental, human rights and criminal law, say Viren Mascarenhas and Douglass Cassel of King & Spalding LLP.
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Concerns About USPTO’s Proposed E-Filing Rules For TMs
As the U.S. Patent and Trademark Office considers making electronic filing mandatory for trademark applications and all related submissions, public comments highlight potential consequences of the proposed changes, says Roger LaLonde of Eckert Seamans Cherin & Mellott LLC.
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The US Biosimilars Patent Litigation Outlook For 2019
After years of trending upward, the amount of new Biologics Price Competition and Innovation Act litigation might slow somewhat in 2019, yet several active cases are scheduled for trial and many decisions are expected to issue, say Joshua Whitehill and Michael Cottler of Goodwin Procter LLP.
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Automated Vehicles In 2019: Predictions And Suggestions
As the automated vehicle industry continues to grow and expand in 2019, innovators will face novel questions concerning data privacy, open source compliance, advertising claims, and local, state, federal and international regulations, say attorneys with O'Melveny & Myers LLP.
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A Stealth Upheaval In Patent Personal Jurisdiction?
The U.S. Supreme Court's 2017 ruling on personal jurisdiction in Bristol-Myers Squibb issued a month after the court's game-changing patent venue decision in TC Heartland and has the potential to effect a similarly major shift in where patent lawsuits can be brought, say Alex Chachkes and Matthew Bush of Orrick Herrington & Sutcliffe LLP.
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Diversity's Next Step: Developing Minority Partners
The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.
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Takeaways From Fed. Circ. Hatch-Waxman IPR Case
The Federal Circuit's ruling last week in Amerigen v. UCB provides an informative data point regarding standing for inter partes review appeals in the Hatch-Waxman context, as well as considerations for brand companies facing obviousness challenges to patents claiming prodrug compounds, say attorneys with King & Spalding LLP.
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What Cannabis Patent Applicants Can Learn From Biopharma
The patent landscape for cannabis is conforming roughly to that of traditional biopharma in terms of the rejections being raised and how they are being overcome, say Pauline Pelletier and Deborah Sterling of Sterne Kessler Goldstein & Fox PLLC.
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UK Patent Law: Hot Topics Of 2018 And What's Ahead
English courts have been active in the past year, grappling with patent topics like plausibility and equivalents, and 2019 promises to be another exciting year as English patent lawyers await developments on obviousness, insufficiency and employee inventor compensation, says Jin Ooi of Kirkland & Ellis LLP.