Intellectual Property

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Patent Venue Questions Persist 18 Months After TC Heartland

By Matthew Bultman

Eighteen months after the U.S. Supreme Court limited where patent suits can be filed, courts continue to wrestle with questions about venue rules. Here is a look at recent decisions that have provided some guidance.
November 15, 2018
Fed. Circ. Puts PTAB Assignor Estoppel To Rest

The Federal Circuit’s ruling that inventors can challenge their own patents in inter partes review puts to rest the issue of assignor estoppel at the Patent Trial and Appeal Board, while illustrating the reach of the court’s ruling in Wi-Fi One.
November 15, 2018
Fed. Circ. Says ArcelorMittal Steel Patent Suit Not Barred

The Federal Circuit has revived a patent infringement suit lodged by ArcelorMittal over certain steel sheets used in auto parts, ruling that the case wasn’t barred after finding it involved products that were substantially different from those at issue in earlier litigation.
November 15, 2018
USPTO Testing AI Software To Help Examiners ID Prior Art

The U.S. Patent and Trademark Office is testing new software that gives patent examiners additional tools to identify whether a patent application incorporates existing technology, USPTO Director Andrei Iancu said Thursday.
November 15, 2018
Justices Urged To Ax Fed. Circ. Ruling Restricting Alice

The Electronic Frontier Foundation and T-Mobile, among others, have urged the U.S. Supreme Court to overturn a Federal Circuit decision that made it harder for courts to quickly invalidate patents for claiming patent-ineligible material, saying that the ruling has far-reaching consequences for patent litigation and innovation.
November 15, 2018
DraftKings, FanDuel Say Ind. Ruling Ends Athlete IP Suit

DraftKings and FanDuel told the Seventh Circuit on Wednesday that claims they violated college athletes' publicity rights by using student names, images and statistics in their daily fantasy sports contests should be tossed since the Indiana high court found such use to be newsworthy, although the athletes say there is still an open question as to whether the pay-to-play contests were legal in the state.
November 15, 2018
Fish & Richardson Selects China For 2nd Global Office

Fish & Richardson PC will make its first foray into China with an outpost in the technology hub of Shenzen, its second international office after Munich, after securing approval from China's Ministry of Justice to open a representative office, the intellectual property powerhouse announced Thursday.
November 15, 2018
Pharma Cos. Must Hand Over Generic Restasis Plans In MDL

A federal judge has denied three pharmaceutical companies' move to quash subpoenas for information on their plans to make generic substitutes of Allergan’s drug Restasis in multidistrict litigation over its alleged efforts to delay the generic versions’ launch, saying in-house counsel can view the data without compromising confidentiality.
November 15, 2018
Buc-ee's, Rival Store Agree To Drop Logo Suit

Popular Texas convenience store chain Buc-ee's and Choke Canyon, a competing store that was found by a federal jury to infringe Buc-ee's beaver logo, agreed Thursday to dismiss the lawsuit, meaning the damages portion of the trial won't take place.
November 15, 2018
Fed. Circ. Revives Omaha Steaks Trademark Fight

Siding with Omaha Steaks, the Federal Circuit on Thursday revived a case aimed at blocking a crosstown meat wholesaler called Greater Omaha Packing Co. from registering its own “Omaha” trademark.
November 15, 2018
Chicago Merc's GC Can't Be Deposed In Trademark Spat

Intercontinental Exchange Inc. cannot depose the Chicago Mercantile Exchange's general counsel in a trademark suit over CME's risk assessment software because ICE has not proven that the lawyer is the only source of certain information it seeks, an Illinois federal judge ruled Thursday.
November 15, 2018
Holland & Knight Snags Another Reed Smith Pro As Partner

Holland & Knight LLP has lured a new partner to its New York office — a tech-focused intellectual property associate from Reed Smith LLP, who defended Google against Oracle’s copyright claims in district court.
November 15, 2018
PTAB Declines To Review Foldable Chair Design Patent

The Patent Trial and Appeal Board has declined to review an Idea Nuova Inc. patent covering the design of a foldable chair, finding that a rival chair maker failed to show how the patent was likely invalid as obvious or anticipated over images on another website.
November 14, 2018
Emerson Says It Doesn't Belong In Ex-Unit's $100M IP Row

Emerson Electric Co. asked an Illinois federal judge Tuesday to let it out of a $100 million lawsuit claiming its former subsidiary misappropriated trade secrets that caused a rival’s declined lithium-ion battery sales, saying its status as a former parent company makes liability a “factual impossibility.”
November 14, 2018
7th Circ. OKs Sanctions Over Atty's Post-Settlement Fee Filing

The Seventh Circuit on Wednesday agreed with a lower court that an Indiana lawyer's request for fees in a copyright suit was sanctionable because he did not reveal in his filing that his client had paid to settle the case with prejudice.
November 14, 2018
Pfizer Debuts Biosimilar Of Amgen, Janssen Meds

Pfizer Inc. on Wednesday announced the launch of a sharply discounted biosimilar version of Amgen Inc.’s Epogen and Janssen Pharmaceuticals Inc.’s Procrit, capping hard-fought development efforts marked by approval setbacks and ongoing patent litigation at the Federal Circuit.
November 14, 2018
PTAB Petitions Spike Ahead Of Claim Construction Change

Just two weeks in and November is already the year’s busiest month for patent challenges at the Patent Trial and Appeal Board, with petitioners seemingly racing to beat a change to the claim construction standard that went into effect Tuesday.
November 14, 2018
Fed Circ. Won't Stay Immunity Ruling For Allergan's Appeal

The Federal Circuit has said it wouldn't stay its ruling that sovereign immunity doesn't apply in inter partes reviews while Allergan PLC and the St. Regis Mohawk Tribe appeal to the U.S. Supreme Court.
November 14, 2018
Fed. Circ. Says NY Court Can't Hear Verizon Unit Patent Suit

Verizon subsidiary Oath Holdings Inc. does not have to defend a patent lawsuit over advertisement technology in the Eastern District of New York, the Federal Circuit ruled Wednesday, finding a lower court failed to follow its decision that TC Heartland was a change in the law.
November 14, 2018
Bio-Rad Wins $24M Jury Verdict In 10X Genomics Patent Suit

A Delaware federal judge on Wednesday ordered 10X Genomics Inc. to pay nearly $24 million to Bio-Rad Laboratories Inc. and the University of Chicago after a jury found that it infringed a droplet-based method of manipulating DNA.
November 14, 2018
Toy Company Wins $1M Attys' Fees In Board Game IP Row

Toymaker MGA Entertainment Inc. must pony up about $1 million in attorneys’ fees in a game patent infringement suit after rival Innovention Toys LLC requested additional fees for a case that went up to the U.S. Supreme Court, a Louisiana federal judge said Tuesday.

Editor's Picks

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.
The Big Picture: One Year After TC Heartland

One year ago the U.S. Supreme Court issued a blockbuster ruling on where patent lawsuits can be filed. It was expected to shake up patent litigation in a big way. But did that happen? Here, Law360 takes a look at the impact the case had on the patent landscape.
The Big Picture: PTAB At The High Court

The U.S. Supreme Court recently issued two big patent rulings — upholding a system for challenging patents as constitutional, but finding the Patent Trial and Appeal Board must decide the validity of every challenged claim when it agrees to institute those American Invents Act reviews. Here, Law360 looks at how we got here, what the court ruled, and how these decisions will impact practicing before the PTAB.

Expert Analysis

How Patent Attorneys Can Be Better Business Developers

Patent attorneys are uniquely positioned to be rainmakers. They should emphasize certain traits — it may sound counterintuitive, but introversion is one of them, says Karen Katz of Suffolk University Law School.
Opinion

What The 2nd Circ. Missed In Religious Trademark Case

The Second Circuit's decision this month in Universal Church v. Toellner appears to threaten trademark protection routinely afforded to nonprofits and businesses for marks that have established secondary meaning from common or historical terms, says Paul Tarr, head of the appellate practice at Lester Schwab Katz & Dwyer LLP.
Q&A

A Chat With Bryan Cave Innovation Chief Katie DeBord

In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.
When A Patent Disclosure Is Not A Disclosure

The Federal Circuit has explained that patent descriptions do not require any particular form of disclosure. However, the court's recent decision in FWP IP v. Biogen points to a heightened scrutiny of descriptions when an applicant amends or adds new claims to cover a competitor’s activities, say Martin Pavane and Darren Mogil of Cozen O’Connor.
Simple Secrets For Improving Your CLE

With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.
It’s Time For Law Firms To Start Talking About Gen Z

Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.
Employee Nonsolicitation Terms Now Likely Void In California

In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.
The New Reality Of Patent Trials Post-Halo

Jury verdicts following the U.S. Supreme Court’s 2016 Halo decision suggest that previous patent litigation strategies are no longer working for trial-bound cases, say attorneys with Baker Botts LLP.
New Claim Construction Standard Arrives At PTAB

On Tuesday, the Patent Trial and Appeal Board's claim construction standard for America Invents Act post-grant proceedings changes from "broadest reasonable interpretation" to “ordinary and customary meaning.” Attorneys with Faegre Baker Daniels LLP examine this quickly adopted rule and the U.S. Patent and Trademark Office's response to comments.
Q&A

Back To School: Yale's Linda Greenhouse Talks Journalism

In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

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