Intellectual Property

  • March 19, 2018

    AstraZeneca Owes $192M For Cancer Drug Rights, Rival Says

    AstraZeneca owes $192 million for refusing to pay royalties for an Array cancer drug after entering an $8.5 billion collaboration with Merck to develop and commercialize the compound, according to a lawsuit removed to New York federal court Monday.

  • March 19, 2018

    Black & Decker 'Willfully' Infringed Pergo's TM, Judge Says

    A Georgia federal judge has handed a more than $570,000 win to flooring company Pergo in a suit alleging Black & Decker infringes its trademark with its laminate flooring saw blades and ordered a ban on the blades.

  • March 19, 2018

    After Fed. Circ. Slam, Gilstrap Hands Newegg $565K In Fees

    Following a rebuke from the Federal Circuit, Judge Rodney Gilstrap of the Eastern District of Texas has awarded Newegg Inc. $565,000 in attorneys' fees for the online retailer's victory in a patent suit brought by a nonpracticing entity.

  • March 19, 2018

    DynCorp Wants AAR Trade Secret Case Revived After Impasse

    DynCorp asked a Florida federal judge Friday to reopen its suit accusing a unit of AAR Airlift Group of stealing its secrets to score a $10 billion U.S. Department of State counternarcotics services contract, saying the parties hadn’t been able to come to terms on a previously announced settlement deal.

  • March 19, 2018

    H&M Isn't The First Brand To Face Graffiti Gripes

    When apparel retailer H&M found itself in a copyright dispute last week over its use of graffiti in advertisements, it was the latest in a string of such fights between corporate brands and street artists who have become increasingly willing to head to court to protect their rights.

  • March 19, 2018

    Maxell Seeks Sanctions Against Huawei In Smartphone IP Suit

    Maxell asked a Texas federal judge on Friday to sanction Huawei in a patent case over smartphones, alleging that Huawei’s “complete disregard” for its discovery obligations and court orders has “reached new heights.”

  • March 19, 2018

    Fed. Circ. Upholds PTAB Loss For Dell On Network Patent

    The Federal Circuit on Monday upheld a Patent Trial and Appeal Board ruling that a claim of an Acceleron computer network patent challenged by Dell is not invalid, rejecting Dell’s position that a prior decision required the board to consider an argument it raised late in the case.

  • March 19, 2018

    Illumina Says Sales Ban Needed To Stop Ariosa Infringement

    Illumina Inc. asked a California federal judge to permanently stop Roche’s Ariosa Diagnostics Inc. from using its patents for prenatal testing technology, arguing in a filing on Friday that Ariosa’s parent company’s clout could tarnish Illumina’s testing reputation irreparably.

  • March 19, 2018

    Tribe Asks Fed. Circ. To Pause Restasis Patent Reviews

    Allergan and the Native American tribe that acquired patents for the drug company's Restasis medication urged the Federal Circuit on Friday to stop the Patent Trial and Appeal Board’s review of the patents, days after generic-drug makers ripped their claims of immunity as “manipulative.”

  • March 19, 2018

    Land Services Co. Says Contractor Stole Its Customers

    Kastner Land Services LLC on Monday filed a lawsuit in state district court in Houston seeking more than $1 million in damages, alleging that one of its contractors surreptitiously used its proprietary software to find three potential heirs to an oil and gas lease and steal its business.

  • March 19, 2018

    NC Asset Manager Blasts BCBS Claim On 'Blue' Trademark

    A North Carolina asset manager that offers insurance services told a federal judge Monday that Blue Cross and Blue Shield Association can’t pursue trademark infringement claims against it because its brand marks are entirely unlike BCBS' and they aren’t based in the same markets, among other issues.

  • March 19, 2018

    Dating App Bumble Is Tinder 'Copycat,' Tinder Owner Says

    The company that owns Tinder and has accused rival dating app Bumble of copying Tinder’s well-known swipe and match features, alleging in a lawsuit filed in Texas federal court Friday that the co-founders of the “copycat” stole confidential information while employed at Tinder.

  • March 19, 2018

    Acne Med Pay-For-Delay Deal Sped Up Generic, Exec Says

    One of the architects of an Impax Laboratories Inc. deal panned as a pay-for-delay scheme by big retailers and a class of consumers told a Massachusetts federal jury Monday that the 2008 agreement with Medicis Pharmaceuticals Corp. actually rushed the generic version of an acne medication to the market ahead of schedule.

  • March 19, 2018

    Retailers Urge White House To Rethink China IP Tariffs

    Retail giants like Walmart, Target and Best Buy and their powerful lobbying groups on Monday urged the Trump administration to hold off new tariffs aimed at punishing China for its intellectual property practices, saying that such an aggressive step will only make matters worse.

  • March 19, 2018

    HTC Beats $45M Virtual Reality Patent Suit, For Now

    A California federal judge on Friday tossed with leave to amend a $45 million lawsuit alleging HTC America Inc.’s VIVE headsets infringe two virtual reality application patents, finding the patents are valid under the Supreme Court’s Alice ruling but the allegations need to be more detailed for the case to move forward.

  • March 16, 2018

    Ex-PharMerica Exec Shakes Trade Secrets Suit

    A Pennsylvania federal judge threw out a lawsuit Friday against an ex-PharMerica Corp. executive after finding that the pharmacy services company failed to allege she took advantage of any specific trade secrets or proprietary information when she launched a rival business.

  • March 16, 2018

    Pharma Cos. Liable For Generic Labels, Mass. Top Court Says

    Name-brand drugmakers can be held liable for mislabeled generic equivalents under state law in Massachusetts, home of the nation’s largest bio-pharmaceutical hub, the commonwealth’s top court ruled on Friday in a loss for Merck & Co. and the industry groups watching.

  • March 16, 2018

    Optical Co. Says Ex-Biz Partner's IP Suit Too Late

    A Japanese optical manufacturer on Friday asked a Massachusetts federal judge to toss a suit filed by a startup claiming its onetime partner was responsible for a loss in business after it patented technology they both developed, claiming the statute of limitations had run out and the complaint is based on hearsay.

  • March 16, 2018

    Kodak Patent Owner Sues DJI, Hasselblad Over Photo Tech

    Monument Peak Ventures LLC, a Texas subsidiary of Dominion Harbor Enterprises that claims to own more than 1,000 Kodak patents, sued drone-maker DJI Technology Inc. and camera manufacturer Hasselblad Inc. Friday in California federal court, accusing them of refusing to correctly license imaging patents used in their products.

  • March 16, 2018

    Hernia Mesh Maker Can't Force Chubb Unit To Cover IP Suit

    A Chubb Ltd. unit doesn't have to pay for hernia mesh maker Tela Bio Inc.'s defense of a trade secrets and unfair competition lawsuit brought by competitor LifeCell Corp., a Pennsylvania federal judge ruled Friday, finding that the complaint doesn't include any potentially covered defamation claims.

Expert Analysis

  • A View From Silicon Valley: Tax Reform And The Tech Industry

    Michele Alexander

    Many of the most discussed provisions in the Tax Cuts and Jobs Act have particular significance for the technology industry, affecting companies’ choices about entity classification, where they do business and hold assets, and the manner in which they receive or make investments. Michele Alexander and Ryan Davis of Bracewell LLP discuss the options.

  • Metaphysical Questions After TC Heartland

    Ben Quarmby

    Following the U.S. Supreme Court's decision in TC Heartland, district courts are increasingly turning to the Federal Circuit’s 2005 opinion in NTP v. Research in Motion for insight on the “commitment” prong of the venue statute. This yields some guidelines for practitioners, but falls short of providing absolute clarity, say Ben Quarmby and Sara Margolis of MoloLamken LLP.

  • Navigating The USPTO First Action Interview Pilot Program

    Robert Curylo

    Practitioners who are well versed in the phases of the U.S. Patent and Trademark Office's First Action Interview pilot program — including enrollment, pre-interview considerations, and various outcomes following the interview — can fully leverage its advantages on behalf of clients, says Robert Curylo of Kilpatrick Townsend & Stockton LLP.

  • An Update On The Blockchain Patent Landscape

    Nelson Rosario

    What is perhaps more interesting than the number of blockchain-related patent filings, or their subject matter, is the number of assignees for these patents, says Nelson Rosario of Marshall Gerstein & Borun LLP.

  • Don't Run Afoul Of NCAA Trademarks During March Madness

    Chas Rampenthal

    It’s tempting for your marketing campaign to get caught up in the frenzy that is the March collegiate basketball playoffs, but that isn’t a license to disregard the dangers of trademark infringement, says Chas Rampenthal, general counsel at Inc.

  • The Case For Early Mediation Or Arbitration In IP Disputes

    Jerry Cohen

    Alternative dispute resolution is one of the best ways to resolve disputes involving patents, copyright, trademark, trade secrets and other intellectual property issues. While not every situation lends itself to ADR, it is more accessible than many parties assume, says Jerry Cohen of Burns & Levinson LLP.

  • Thorny Questions For IP Rights Under Investment Treaties

    Claudia Annacker

    The recent ruling in Bridgestone Licensing Services v. Republic of Panama by an ICSID tribunal has implications for owners and licensees of IP rights, particularly with respect to the protections they can expect for their trademarks under investment treaties, according to attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Making Sure A Noninfringement Opinion Is Effective

    Stephen Ball

    Obtaining a noninfringement opinion letter should be a part of all product development plans. However, simply obtaining any noninfringement opinion may not be sufficient. Competency matters, say Stephen Ball and Dov Hirsch of Whitmyer IP Group LLC.

  • Recent Patent Trends: Quantity Over Quality?

    Russell Binns

    What happens in the arms race for patent portfolios is that patent offices around the world become overburdened examining incrementally different — or not so different — patents, which reduces the quality control the patent offices can do and results in weaker patents being issued. I believe companies should be spending more money on filing clearly articulated and higher quality patents, says Allied Security Trust CEO Russell Binns.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.