Intellectual Property

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4 Ways Advances In AI Could Challenge Patent Law

By Ryan Davis

Advances in artificial intelligence raise intriguing patent law questions, including whether AI breakthroughs are patent-eligible and whether AI that creates something can be an "inventor" entitled to a patent. Here's a look at issues attorneys say patent law will soon need to confront in this burgeoning field.
October 19, 2018
Fed. Circ. Has Undercut Estoppel In Patent Suits, Justices Told

A poultry chiller maker has told the U.S. Supreme Court that the Federal Circuit’s decision to let a patent infringement suit against the company proceed will make it more difficult for companies to protect themselves under the estoppel doctrine after being misled about whether patent owners intend to enforce their rights.
October 19, 2018
Pharma Co. Wants Sex Drug Marketing Case Axed

Innovus Pharmaceuticals Inc. urged an Illinois federal judge Thursday to toss a $5 million false advertising lawsuit brought by the developer of a sexual dysfunction drug who claims advertisements using his likeness harmed his reputation, arguing the accusations have no merit.
October 19, 2018
HP Unit Owes Startup $2.3M For Software Work

A California federal jury found Friday that a Hewlett Packard unit must pay a software startup more than $2.3 million for work on a Malaysian banking project, while clearing HP on many of the allegations in a contract suit that sought tens of millions in damages.
October 19, 2018
Ubiquiti Says Files In IP Row Weren't Intentionally Destroyed

Ubiquiti Networks Inc. has fired back at Synopsys Inc.'s bid to sanction it for allegedly destroying tens of thousands of files relevant to Synopsys' lawsuit that accuses the networking company of illegally using its design software, telling a California federal judge the destruction was unintentional and does not warrant sanctions.
October 19, 2018
Atty Banned From USPTO Accused Of Scamming Authors

Twenty aspiring authors have filed suit in Illinois state court against an attorney banned from practicing before the U.S. Patent and Trademark Office for running an “invention promotion” scheme, saying that after he was blocked from the USPTO he adapted the scheme for the publishing industry, taking money to promote and publish books and never following through.
October 19, 2018
AT&T Wi-Fi Ruling Needs Redo, Tech Firm Tells Fed Circ.

A Wi-Fi tech firm has asked the full Federal Circuit to reconsider a panel decision letting AT&T Inc. escape a patent infringement suit, arguing that the ruling mistakenly defined “ethernet” when deciding the reach of a patent on wireless hotspot technology.
October 19, 2018
AbbVie Deal Clears 5th Humira Biosimilar To Launch In 2023

AbbVie Inc. has gotten another drugmaker to wait until 2023 to release a biosimilar of its top-selling immunosuppressant Humira, this time striking a deal with Fresenius Kabi.
October 19, 2018
Iancu Calls Patent Troll Concerns ‘Orwellian Doublespeak’

U.S. Patent and Trademark Office Director Andrei Iancu said in a speech to the Eastern District of Texas Bar Association Thursday that complaining about patent trolls is harmful to innovation and an effort to weaken the patent system that amounts to “Orwellian doublespeak.”
October 19, 2018
HTC Says Ericsson Is Dragging Its Feet In SEP Royalties Row

Cellphone maker HTC America Inc. urged a Texas federal court on Thursday to nudge Ericsson Inc. into turning over evidence related to its alleged overcharging for aging standard-essential patents, saying the Swedish telecom is dragging its feet while it awaits a ruling on whether certain antitrust claims can be arbitrated.
October 19, 2018
Getty Wants $2.8M in Legal Bills After Photo Copyright Win

Two weeks after a federal judge dismissed a copyright lawsuit against Getty Images by saying the plaintiff had “nobody to blame but itself,” the photo licensing giant is demanding repayment of more than $2.8 million in legal bills.
October 19, 2018
Gov't Tells High Court Copyright Owners Must Wait To Sue

The federal government is urging the U.S. Supreme Court to resolve a stark circuit split on copyright registrations by ruling that authors must wait longer before suing for infringement.
October 19, 2018
11th Circ. Says Ga. Can't Copyright State Code Annotations

The Eleventh Circuit ruled Friday that the state of Georgia cannot claim copyright ownership over annotations made to its official legal code, ruling that people should have "unfettered access to the legal edicts that govern their lives."
October 18, 2018
Allergan Must Produce CEO’s Tribal Patent Docs In MDL

A New York federal judge has ordered Allergan to produce documents from the files its CEO and other senior executives on a deal that transferred patents to a Native American tribe for plaintiffs in multidistrict litigation accusing the drugmaker of illegally delaying a generic version of its dry-eye medication Restasis.
October 18, 2018
Teva Sues FDA Over New Stance On Generic-Drug Exclusivity

A new U.S. Food and Drug Administration policy threatens to deprive generic-drug makers of lucrative exclusivity even when they expose themselves to litigation by challenging patents for brand-name drugs, Teva Pharmaceuticals said in a lawsuit filed Wednesday.
October 18, 2018
Bristol-Myers, Pfizer's Blood Thinner IP Suit Axed Over Venue

A Delaware federal judge tossed a lawsuit filed by Bristol-Myers Squibb Co. and Pfizer Inc. seeking to block Mylan Pharmaceuticals Inc. from making a generic version of their patented blood thinner Eliquis, finding on Thursday that the suit was filed in the wrong venue in light of the U.S. Supreme Court's TC Heartland ruling.
October 18, 2018
Microsoft's Open-Source Move To Pay Dividends In The Cloud

Microsoft astonished some in the tech community by joining the Open Innovation Network, a group of companies that provide each other free licenses to patents covering the Linux operating system, but attorneys say it's a smart move to bolster Microsoft's cloud computing business.
October 18, 2018
Full Fed. Circ. Urged To Eye Burden Shift In DuPont IP Row

The full Federal Circuit should review an appellate panel’s “improper” use of a “procedural scheme” that led to the reversal of a Patent Trial and Appeal Board’s invalidation of a chemical patent, as the burden of proof should have stayed with petitioner DuPont, the BASF-affiliated owner of the patent argued Wednesday.
October 18, 2018
PTAB Rejects SharkNinja's Challenge Of Vacuum Patent

The Patent Trial and Appeal Board on Wednesday said it will not consider SharkNinja's challenge to a patent covering a stretch hose that is at the center of a patent infringement and trade secrets lawsuit against another vacuum cleaner maker.
October 18, 2018
Copyright Office Seeks Comments On Planned Online System

The U.S. Copyright Office has asked the public to weigh in on its plans to build a new, more technologically advanced copyright registration system, including on its proposals to do away with paper registration forms and to redesign the online interface, according to a Wednesday notice in the Federal Register.
October 18, 2018
Fed. Circ. Tells PTAB To Consider Success Of Oil Invention

The Federal Circuit on Thursday threw out the Patent Trial and Appeal Board's decision that part of a LiquidPower Specialty Products Inc. patent related to the transport of crude oil was obvious, saying the board needs to consider evidence of the invention's success.

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

Need Litigation Finance? Don't Skip These 5 Steps

The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.
Inventor's Case Highlights Appeal Option For Rejected Patent

When a rejected patent application is appealed to the Patent Trial and Appeal Board unsuccessfully, the standard next step is Federal Circuit appeal. But an alternative route is to sue the U.S. Patent and Trademark Office in district court. The recent decision in Gilbert Hyatt v. Iancu offers insight into this Section 145 process, say attorneys with Sterne Kessler Goldstein & Fox PLLC.
A New Framework For 'Blocking Patents' And Obviousness?

Secondary considerations can be a useful tool for patent owners attempting to overcome an obviousness challenge. However, the Federal Circuit's decision last month in Acorda v. Roxane leaves the treatment of secondary considerations in question when a so-called “blocking patent” may exist, say Daniel Winston and Bryana McGillycuddy of Choate Hall & Stewart LLP.
Issues High Court Will Explore In Copyright Registration Case

Soon the U.S. Supreme Court will hear Fourth Estate Public Benefit Corp. v. Wall-Street.com, a case that could significantly affect how artists and companies strategize to protect copyrights, says Irene Lee of Russ August & Kabat.
A Holistic Approach To Client Retention

In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.
Q&A

A Chat With Allens Pricing Chief Pier D'Angelo

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 Pier D'Angelo, chief pricing and practice officer at Allens.
5 Things To Consider Before Heading To PTAB

Patent Trial and Appeal Board proceedings remain powerful tools for companies accused of patent infringement. However, recent case law developments, rule changes and shifting legal frameworks have increased the hurdles faced by petitioners, say Harper Batts and Jeffrey Liang of Sheppard Mullin Richter & Hampton LLP.
Data Privacy Vs. Cybersecurity At Your Company

Which is more important — data privacy or cybersecurity? Most in-house counsel know the answer depends on which receives the limited available compliance budget. But companies should think about the issue from a broader trade secret perspective, says Scott Warren of Squire Patton Boggs LLP.
What IP Attorneys Need To Know About 5G

With some companies planning to launch proprietary 5G services by the end of this year, attorneys should prepare for certain legal issues, such as the internationalization of 5G royalties and the challenge of calculating royalties for 5G-related patents, say Ranganath Sudarshan and Jason Reinecke of Covington & Burling LLP.
Opinion

Only Congress Can Stop Courts' Patent-Eligibility Nonsense

The U.S. Patent and Trademark Office is planning guidance to address the patent examination problems created by the courts’ interpretation of Section 101. Instead, the USPTO should focus on the legislative fix proposed by intellectual property trade associations, says Nancy Linck of Linck Consulting.

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