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Intellectual Property

  • April 19, 2019

    Patent Eligibility Overhaul Framework May Spur New Fights

    Lawmakers working on legislation to rewrite patent eligibility law have unveiled a framework for what they want their bill to look like, and attorneys say that while the plan could bring more clarity on the contentious issue, it could also invite new disputes about what can be patented.

  • April 19, 2019

    $13M Patent Bill Rests On Inflammatory Statements: Huawei

    The Chinese phone and tablet maker Huawei asked a Texas federal court on Thursday to erase a $13.2 million patent infringement award, saying trial winner PanOptis distorted a jury's views by declaring that Huawei "doesn't pay royalties to anybody."

  • April 19, 2019

    Fed. Circ. Affirms PTAB Ax Of Hologic Medical Device Patent

    The Federal Circuit on Friday ruled a Hologic patent related to a treatment for abnormal menstrual bleeding was invalid because it would have been obvious, upholding a decision from the Patent Trial and Appeal Board.

  • April 19, 2019

    Halliburton Says Ex-Engineer Stole IP, Tried To Sell It Back

    Halliburton Energy Services is suing a former engineer, alleging he stole its proprietary information for a new technology, quit the company, patented that stolen intellectual property and then tried to sell it back to the company.

  • April 19, 2019

    Fed. Circ. Says Court Wrongly Tossed $7.5M IP Verdict

    A Federal Circuit panel on Friday said a lower court wrongly threw out a $7.5 million jury verdict against Novozymes A/S in a patent case over technology that helps with ethanol processing, deciding the district court erred when it found the patents were anticipated by an earlier invention.

  • April 19, 2019

    Blue Cross Attacks Janssen Prostate Cancer Drug ‘Monopoly’

    Blue Cross Blue Shield accused Janssen Biotech of misusing patent infringement suits to keep generic versions of prostate cancer drug Zytiga at bay, telling a Virginia federal judge the drug giant tricked the government into issuing a new patent on the treatment.

  • April 19, 2019

    Bong Blitz: Pipe Maker Goes On TM Rampage

    A company that sells a popular brand of cannabis pipes has quietly become the most litigious trademark plaintiff in the country, filing hundreds of cases in recent years against small retailers that it says are selling counterfeit bongs.

  • April 19, 2019

    Greenberg Traurig Nabs Ex-Hunton IP Pro In Atlanta

    Greenberg Traurig LLP has brought on a former Hunton Andrews Kurth LLP partner with more than two decades of experience in patent law to its Atlanta office, the firm has announced.

  • April 19, 2019

    X-Ray Engineer Gave Trade Secrets To Rival, Philips Says

    A former Philips Medical Systems employee stole trade secrets that have given a competitor “a decadeslong head start” in designing and selling its own knock off version of Philips X-ray tubes, the technology company told an Illinois federal judge Friday.  

  • April 19, 2019

    Brand Battles: Stonewall Inn, March Madness, 'Star Wars'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the famous Stonewall Inn aims to block an LGBTQ group from locking down "Stonewall" marks, the NCAA wants to block a "Motor City Madness" mark and Lucasfilm goes for another fictional deep-dive about "Star Wars."

  • April 19, 2019

    Fed. Circ. Backs ITC In Roomba Co.'s Claim Construction Row

    A split Federal Circuit panel on Friday sided with the U.S. International Trade Commission’s finding that one of Roomba maker iRobot’s patents had not been infringed, delivering a setback to the robot vacuum company months after it clinched an import ban against several of its rivals for ripping off another of its cleaning patents.

  • April 19, 2019

    Fed. Circ. Affirms ITC Ax Of Car Toll Patent Claims

    The Federal Circuit on Friday invalidated parts of two patents covering technology used in electronic toll systems, upholding the U.S. International Trade Commission’s decision in an infringement case Neology Inc. brought against rival companies.

  • April 19, 2019

    AT&T Says '5GE' Doesn’t Trick Consumers In Sprint Ad Row

    Consumers are not being fooled into thinking AT&T's upgraded fourth-generation service is actually 5G, the company told a New York federal court Thursday as it sought to oppose Sprint's attempt to prevent it from marketing the service as "5G Evolution."

  • April 19, 2019

    Fed. Circ. Won't Revive Server Patent Axed By PTAB

    The Federal Circuit on Friday upheld the Patent Trial and Appeal Board’s decision to invalidate claims from a Rosetta-Wireless Corp. network server patent challenged by Apple and Samsung, and agreed that the data solutions company can't amend its patent.

  • April 19, 2019

    Full Fed. Circ. Won't Eye Reviving $19M Samsung IP Verdict

    The Federal Circuit won't reconsider its decision to throw out a $19.2 million patent infringement verdict against Samsung, despite arguments from a nonpracticing entity that the panel wrongly substituted its own judgment for the jury's.

  • April 19, 2019

    IP Hires: Cole Schotz, Davis Wright, Ropers Majeski

    In this week’s round of intellectual property attorney moves, Cole Schotz boosted its Dallas office with four new IP lawyers, while Davis Wright Tremaine added a music festival and esports IP expert, and Ropers Majeski launched an IP-focused office in Miami. Here are the details on these and other notable IP hires.

  • April 19, 2019

    McDermott Expands Reach With New Delaware Office

    A growing, global McDermott Will & Emery LLP announced the opening of a full-on, full-practice Delaware office recently, in a move the firm said reflects growing demand for Delaware lawyers across the state's growing corporate and commercial law venues.

  • April 19, 2019

    Windels Marx Adds Budd Larner IP Group In NJ

    A 19-member intellectual property group from Budd Larner PC has departed for Windels Marx Lane & Mittendorf LLP’s Madison, New Jersey, office, where it will serve the state’s thriving pharmaceutical industry and other businesses.

  • April 19, 2019

    Polsinelli Adds Boston Biotech IP Attys From Wolf Greenfield

    Polsinelli added a pair of former Wolf Greenfield & Sacks PC intellectual property attorneys to its Boston office in an effort to boost its biotechnology and life science patent prosecution practice group, the firm said Thursday.

  • April 19, 2019

    The Firms Filing The Most Patent Suits In Q1

    Law firms in Delaware set the pace for firms filing the most patent suits over the first quarter of 2019, continuing a recent trend, while one national firm made its presence known by filing close to two dozen cases on behalf of the maker of a popular baby carrier.

Expert Analysis

  • Answers To AI Patent Questions May Be Found In Biotech

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    In patenting innovations involving artificial intelligence, there is uncertainty on issues like inventorship, adequacy of disclosure, assessment of nonobviousness, and patent eligibility. The field of biotechnology once faced similar challenges, say Enrica Bruno and Brian Cash of Steinfl & Bruno.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • The PTAB's New, Narrow Avenue For Filing Late IPR

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    The Patent Trial and Appeal Board's decision in Proppant Express v. Oren provides one example of permissible self-joinder for inter partes review petitioners after the one-year bar. Though limited, the ruling may apply to several other circumstances, say Stephen Zinda and James Hall of Blank Rome.

  • Biologic Manufacturers Should Expect Antitrust Scrutiny

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    Recently filed class actions against AbbVie and various biosimilar manufacturers, alleging that the U.S. Supreme Court's Actavis decision should be applied to supposedly anti-competitive biologic/biosimilar settlement agreements, indicate that the biologic space may be the next hotbed of pharmaceutical antitrust activity, say James Kovacs and Ankur Kapoor of Constantine Cannon.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • A Major Shift For EU Copyright Protection Online

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    A recently adopted European copyright directive contains two controversial changes that are likely to alter the internet status quo by holding online content-sharing service providers liable for users' copyright violations, say Andrew Avsec and Tracey Starck of Brinks Gilson.

  • Employer Considerations When Using Garden Leave Clauses

    Excerpt from Lexis Practice Advisor
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    Garden leave — when a departing employee remains on company payroll and cannot compete with the employer — is an attractive alternative to regular noncompetes. Elisaveta Dolghih of Lewis Brisbois discusses the advantages and disadvantages of garden leave provisions and provides drafting best practices.

  • Fee Award Highlights Patent Litigation In Claims Court

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    The recent U.S. Court of Federal Claims decision awarding Hitkansut more than $4 million in attorney fees explains the different fee standard for patent cases against the government, and may lead to increased interest in these types of cases, say Matthew Rizzolo and Steve Meil of Ropes & Gray.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

  • No Shortage Of Opinions On New USPTO Eligibility Guidance

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    The U.S. Patent and Trademark Office received thousands of comments on its new patent subject matter eligibility guidance. Stuart Meyer of Fenwick & West examines the many conflicting perspectives that emerged.