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Intellectual Property

  • February 15, 2019

    PTAB Taking Patent Eligibility Revamp To Heart

    The Patent Trial and Appeal Board has in recent weeks demonstrated its intent to follow the U.S. Patent and Trademark Office’s new patent eligibility framework, taking an approach that could enable more applications to escape rejections for containing ineligible material, like abstract ideas.

  • February 15, 2019

    Restasis Patent Redo Bid 'Inappropriate,' Fed. Circ. Told

    The row over Allergan Inc.'s controversial deal to sell patents on the dry-eye drug Restasis to a Mohawk tribe to avoid the Patent Trial and Appeal Board continues, as generic makers on Thursday blasted Allergan’s “inappropriate” bid for the Federal Circuit to reconsider its decision upholding the invalidity of its patents.

  • February 15, 2019

    Lamictal Case Won't Be Paused For Class Cert. Appeal

    A New Jersey federal judge on Friday refused to pause a case accusing GlaxoSmithKline PLC and Teva Pharmaceutical Industries Ltd. of delaying the entry of generic alternatives to epilepsy drug Lamictal while the drugmakers try to appeal a class certification ruling to the Third Circuit.

  • February 15, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen the European arm of a Japanese investment bank sue a Saudi billionaire, the former prime minister of Qatar face action involving a pricey mansion and a Swiss bank file claims against executives of a defunct business group being investigated by the U.K.'s fraud watchdog. Here, Law360 looks at those and other new claims in the U.K.

  • February 15, 2019

    IP Hires: Baker Botts, Hill Wallack, Reichman Jorgensen

    In this week’s round of intellectual property attorney moves, Baker Botts hired a former chairman of Venable’s patent prosecution and counseling practice, Hill Wallack added a former Baker & Rannells patent group leader, and boutique firm Reichman Jorgensen brought in a veteran patent attorney to head its new Washington, D.C., office. Here are the details on these and other notable IP hires.

  • February 15, 2019

    Fla. Judge Splits Up Trial In 'Hustlin'' Copyright Suit

    A Florida federal judge on Thursday split an upcoming trial in a copyright infringement suit over LMFAO’s hit song “Party Rock Anthem” in two, separating out a question over whether the plaintiffs, the producers of musician Rick Ross’ song "Hustlin'," are legal owners of the copyright and have standing to bring the suit.

  • February 15, 2019

    Up Next At High Court: Ginsburg's Return Likely For IP Args

    Two disputes involving patent challenges and trademark licenses are the only cases on the U.S. Supreme Court docket this holiday week, which is expected to feature Justice Ruth Bader Ginsburg's first return to the bench in over two months since she underwent cancer surgery.

  • February 15, 2019

    ITC Clears Japanese Dental Co. In Rival's Patent Suit

    The U.S. International Trade Commission has found that international dental company Ivoclar Vivadent AG failed to show that its Japanese competitor GC Corp. sold and imported products that infringed its patent on glass ceramics used in dental procedures.

  • February 15, 2019

    March Deadline Stays Put As US-China Trade Talks Trudge On

    The Trump administration wrapped up its latest round of trade negotiations with China on Friday and held firm to a March 1 deadline to raise tariffs on Beijing if no deal is struck, with the two sides beginning to sketch out the structure, if not the substance, of a new understanding on trade.

  • February 14, 2019

    Sheppard Mullin Attys' Conduct Should Void IP, Pa. Co. Says

    Inequitable conduct by a California-based company and its attorneys at Sheppard Mullin should lead a California federal court to toss two of its patents covering wallboards, a Pennsylvania-based building materials company contended Thursday.

  • February 14, 2019

    Coca-Cola-Tied Engineer Stole IP For Chinese Co., DOJ Says

    An engineer, identified in news reports as having worked for companies doing research for the Coca-Cola Co., was accused in Tennessee federal court of trying to steal trade secrets related to bisphenol-A-free coatings for a Chinese company, the U.S. Department of Justice said Thursday.

  • February 14, 2019

    Execs Slam Iancu’s 'Downplaying' Of Patent Troll Concerns

    Executives at nearly two dozen companies, including Patreon and Foursquare, as well as podcaster Marc Maron, penned a letter to U.S. Patent and Trademark Office Director Andrei Iancu Thursday, bashing him for a speech in which he said that complaining about patent trolls is harmful to innovation.

  • February 14, 2019

    Miley Cyrus 'Can't Stop' Lifted Lyrics Claims, Judge Advises

    Pop artist Miley Cyrus should have to face the bulk of a Jamaican musician’s claims that she poached much of her 2013 hit “We Can’t Stop” from his 1988 reggae song, a New York federal magistrate judge said Thursday.

  • February 14, 2019

    BASF Says Rival Trying To 'Strongarm Customers'

    BASF Corp. hit back at a patent infringement lawsuit in Delaware federal court Wednesday with antitrust counterclaims accusing its rival of illegally forcing customers to exclusively buy its automobile emissions capturing product.

  • February 14, 2019

    UPS Suit Delivers Warning To Cannabis Co.: Stop Using Marks

    UPS said a cannabis company has been selling and illegally shipping marijuana products using its shield trademark in an effort to profit from UPS’ reputation as a well-known package delivery service, according to a suit filed Wednesday in California federal court.

  • February 14, 2019

    After PTAB Wins, BMW Seeks End To Car Tech Patent Suit

    BMW asked a Texas federal judge Wednesday to hand it a win in a Texas company's infringement suit over vehicle software update technology, noting that the Patent Trial and Appeal Board found all of the claims of both of the company’s asserted patents to be unpatentable.

  • February 14, 2019

    College Sports Marketer Settles Bid-Rigging Claims With DOJ

    A newly merged college marketing giant will add new competition controls to its internal policies as part of a deal it struck with the U.S. Department of Justice to end claims that, before the merger, its two now-component companies colluded to saddle colleges with expensive contracts.

  • February 14, 2019

    Walgreens, Kroger Slam J&J's Challenge To Antitrust Claims

    Walgreen Co. and Kroger Co. have fired back at Johnson & Johnson's argument that the retailers don’t have the right to sue the drugmaker for antitrust violations on behalf of drug wholesalers, telling a Pennsylvania court Thursday that appeals courts have repeatedly ruled that they can.

  • February 14, 2019

    Fed. Circ. Upholds PTAB Ax Of Sony TV Patent Claims

    The Federal Circuit on Wednesday invalidated part of a Sony Corp. patent that covers technology for quickly selecting a television channel, upholding a Patent Trial and Appeal Board decision in favor of challenger Arris International PLC.

  • February 14, 2019

    Fed. Circ. Revives Hospital Equipment-Tracking Patent Suit

    The Federal Circuit gave new life Thursday to CenTrak Inc.’s patent suit against rival Sonitor Technologies Inc. over hospital equipment-tracking systems, saying a Delaware federal judge wrongly held that Sonitor did not infringe and that CenTrak’s patent is invalid.

Expert Analysis

  • The Difficulties Of Defending IPR Win On Appeal

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    The Federal Circuit has reversed or remanded inter partes review rulings because the Patent Trial and Appeal Board's analysis is flawed or incomplete. It may not matter what kind of record a victorious party made at the PTAB because only the decision is the subject of appeal, says James Gumina of McDonnell Boehnen Hulbert & Berghoff LLP.

  • Reasons To Limit Inventor Testimony In Hatch-Waxman Cases

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    Inventor testimony inevitably forms a part of every generic drug company’s case in a Paragraph IV obviousness challenge under the Hatch-Waxman Act. This is odd because recent cases demonstrate that inventor testimony can damage a generic defendant’s case, says Michael Hogan of Caesar Rivise PC.

  • Innovative And Ineligible: Diagnostic Patents At Fed. Circ.

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    The Federal Circuit's decision last week in Athena v. Mayo is significant because it demonstrates the uncertainty surrounding what actually qualifies as a “natural law,” and because it holds diagnostic methods ineligible for patenting even though they recite new and nonobvious concrete steps, says Alan Craig Townsley of Sughrue Mion PLLC.

  • Fresh Takes On Seeking Costs And Fees Under Rule 45

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    Recent case law reveals that courts vary widely in their approaches to shifting the costs and fees incurred in responding to a Federal Rule of Civil Procedure 45 subpoena. Nonparties responding to such requests should consider certain district court trends, say attorneys at Pepper Hamilton LLP.

  • Opinion

    For Now, Competitive Generic Therapy Exclusivity Is A Mirage

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    In 2017, Congress tried to solve the problem of high drug prices caused by inadequate generic competition, creating a new form of market exclusivity known as competitive generic therapy exclusivity. But the statute has an unintended loophole, say Sinchan Shah of Amneal Pharmaceuticals Pvt. Ltd., and Jaimin Shah and Steve Auten of Taft Stettinius & Hollister LLP.

  • Series

    Judging A Book: Smith Camp Reviews 'Echo Of Its Time'

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    "Echo of Its Time" is the story of Nebraska’s federal district court from statehood in 1867 to the demise of Prohibition in 1933. Professors John Wunder and Mark Scherer have written an objective, unsentimental and insightful history, layered with context and rich in character study, says U.S. District Judge Laurie Smith Camp of the District of Nebraska.

  • USPTO Rebukes High Court's Approach To Abstract Ideas

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    The U.S. Patent and Trademark Office's new subject matter eligibility guidelines help to return some level of predictability to patent law, but the U.S. Supreme Court may move quickly to effectively nullify the new test, if the court desires to maintain its 2014 Alice v. CLS Bank decision, says Chris Rourk of Jackson Walker LLP.

  • Petrella's Inconsistent Impact On Copyright Damages

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    The U.S. Supreme Court's Petrella v. Metro-Goldwyn-Mayer rule for copyright infringement damages has recently been a source of disagreement among district courts within the Second Circuit, say Jonathan Bloom and Dorian Simmons of Weil Gotshal & Manges LLP.

  • A Window Into PTAB Derivations

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    Derivation proceedings under the America Invents Act are new and untested. As we await the Patent Trial and Appeal Board's first derivation decision — in Andersen v. GED — attorneys with Hunton Andrews Kurth LLP look at the purpose of these proceedings and how they compare to other PTAB trials.

  • Time To Reassess Employee Nonsolicitation Clauses In Calif.

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    With its recent order in Barker v. Insight Global, a California federal court bolstered the argument that employee nonsolicitation clauses are unenforceable under state law. As a result, employers need to carefully consider eliminating such provisions from their contracts, says James Witz of Littler Mendelson PC.