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Intellectual Property

  • December 7, 2018

    DOJ Antitrust Head Redoing Patent Accord To Help IP Owners

    The head of the U.S. Department of Justice’s Antitrust Division on Friday delivered one of the sharpest examples yet of the division’s new emphasis on protecting patent holders by promising to rewrite an Obama-era policy on standard-essential patents and to crack down on standard-setting bodies that disrupt competition.

  • December 7, 2018

    Door Maker Wins Price Protections After $185M Verdict

    A North Carolina-based door part supplier will have to align its prices with fluctuating input costs and share that data with its buyer to comply with findings in a $185 million antitrust verdict, a Virginia federal judge ruled Friday.

  • December 7, 2018

    Fed. Circ. Revives Medical Device Co. Laerdal's ITC Case

    The Federal Circuit on Friday overturned a U.S. International Trade Commission decision refusing Laerdal Medical Corp.’s request for an import ban against companies accused of infringing its trade dress rights to medical devices, saying the ITC waited too long to take issue with Laerdal’s allegations.

  • December 7, 2018

    Fed. Circ. Reverses Ax Of Novartis Patent Due To 1995 Law

    The Federal Circuit on Friday reversed a lower court decision invalidating a Novartis AG patent on the cancer drugs Zortress and Afinitor, saying that a 1995 law changing the length of patent terms meant the doctrine of double-patenting did not apply in the case.

  • December 7, 2018

    J&J Can't Escape Retailers' Antitrust Suit Over Remicade

    Johnson & Johnson must face an antitrust suit accusing the drugmaker of foisting the brand drug Remicade on pharmacies and preventing them from carrying competing biosimilars, according to a Pennsylvania federal judge's ruling released Friday.

  • December 7, 2018

    Antenna Maker Can Defend AT&T, Others In Row Over IP

    A Texas federal judge on Friday granted a request by Swedish antenna maker CellMax Technologies AB to intervene in an infringement suit brought by Spanish antenna maker Fractus against AT&T, Sprint and Nextel, alleging they bought antennas that use stolen technology.

  • December 7, 2018

    Motorola Wins Bid To Send Two-Way Radio Suit To Illinois

    Motorola Solutions Inc. has won its bid to transfer from New Jersey to Illinois a federal antitrust lawsuit by Hytera Communications Corp. accusing the telecommunications giant of unlawfully monopolizing the land mobile radios market, with a judge finding that the claims arose in the Prairie State.

  • December 7, 2018

    Justices Urged To Undo Standing Limits On PTAB Appeals

    Auto parts maker JTEKT Corp. asked the U.S. Supreme Court on Friday to review a Federal Circuit ruling that it cannot appeal an inter partes review decision upholding a patent it challenged, saying the ruling takes an “unnecessarily narrow view” of appellate standing.

  • December 7, 2018

    Tara Reid Wants $100M Bite Out Of 'Sharknado' Merchandise

    Actress Tara Reid wants the producers of the "Sharknado" science-fiction films to shell out $100 million for allegedly using her face on "Sharknado"-branded slot machines and beer cans without her permission, according to a lawsuit filed in California federal court Thursday.

  • December 7, 2018

    Brand Battles: Harry Potter And The 'Wizarding' Trademark

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Warner Bros. faces a challenge to its efforts to register "Wizarding World," Maserati and Arizona State University both aim to block a trident logo, and Nestle seeks to "Crunch" a small food business.

  • December 7, 2018

    IP Demand Letter Puts Case In Texas District, Fed. Circ. Says

    A Texas federal court has jurisdiction to hear whether several banks infringe a licensing company’s patents covering electronic banking procedures because the company sent demand letters to the institutions, which are located in the district, the Federal Circuit held Friday.

  • December 7, 2018

    SAP Gets $680K In Atty Fees In Financial Data Patent Win

    A Texas federal judge has determined that SAP America Inc. is entitled to $679,000 in attorneys' fees racked up in a lawsuit challenging the validity of InvestPic LLC's financial data analysis patent, an award short of the $939,306 SAP had requested.

  • December 7, 2018

    Genentech Asks Del. Chancery To Toss Takeda Patent Fight

    Biotech company Genentech Inc. told a Delaware vice chancellor on Friday that a lawsuit filed by Takeda Pharmaceuticals USA Inc. over disputed patent rights associated with a drug that treats ulcerative colitis and Crohn's disease should not be fought in Delaware Chancery Court.

  • December 7, 2018

    Fed. Circ. Upholds Patent On Novartis MS Drug

    The Federal Circuit on Friday affirmed a lower court’s decision that upheld a patent on Novartis AG’s multiple sclerosis drug Gilenya, a ruling that will prevent regulatory approval of Ezra Ventures LLC’s generic version until at least early next year.

  • December 7, 2018

    Zumba Says Online Retailers Are Hawking Bootleg Merch

    Exercise company Zumba Fitness LLC has filed a suit in Florida federal court alleging a group of custom merchandise websites including well-known platforms Redbubble and Teespring are selling unauthorized products using its trademark brand name and logo.

  • December 7, 2018

    Health Hires: Hooper Lundy, King & Spalding, Williams Mullen

    Hooper Lundy & Bookman PC has gained a health care partner from Brown Rudnick LLP and lost another to King & Spalding LLP, Williams Mullen has hired three new health and life sciences attorneys, Nelson Mullins Riley & Scarborough LLP has added a biotech corporate and securities attorney, and Dorsey & Whitney LLP has brought on a new health adviser.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    IP Hires: Kirkland, DLA Piper, Dickinson Wright

    In this week’s round of intellectual property attorney moves, Kirkland found a leader for its new IP litigation team in London, DLA Piper hired an entertainment attorney who will assist in its IP and technology practice, and Dickinson Wright boosted its IP practice with the addition of six attorneys. Here are the details.

  • December 6, 2018

    Nikon Cameras Are 'Designed To Infringe,' Expert Tells Jury

    An expert witness for lens maker Carl Zeiss and semiconductor maker ASML told a California federal jury Thursday that image sensors used by Japanese camera giant Nikon Corp. infringe the companies' patents, explaining that operating certain Nikon cameras causes infringement under the doctrine of equivalents.

  • December 6, 2018

    JPMorgan, IV Debate The Meaning Of 'And' At Fed. Circ.

    Attorneys for Intellectual Ventures LLC and JPMorgan Chase & Co. debated a claim of IV's cybersecurity software patent before a Federal Circuit panel Thursday, including offering dueling interpretations of the word "and."

Expert Analysis

  • A Firsthand Account Of The Helsinn V. Teva Arguments

    Michael Pomianek

    During U.S. Supreme Court oral arguments in Helsinn Healthcare v. Teva Pharmaceuticals, the justices’ focus on the statutory language, and the relative lack of focus on the specific facts of the case, suggest they may address the meaning of the America Invents Act language broadly, say Michael Pomianek and Michelle Nyein of Wolf Greenfield & Sacks PC.

  • Opinion

    Alice Must Be Revisited In View Of Emerging Technologies

    James Fussell

    The U.S. Supreme Court's 2014 Alice decision created uncertainty in patent-eligibility law — uncertainty that hits at the heart of the next innovative frontier focused on artificial intelligence and machine learning. Alice’s two-step test needs to be revised or replaced, say James Fussell of Mayer Brown LLP, and Nikko Quevada and Vincent Violago of Parola Analytics Inc.

  • Antitrust Risk In Agreements Restricting Online Advertising

    Amy Gallegos

    For companies concerned about their competitors’ online advertising, the Federal Trade Commission's recent ruling on 1-800 Contacts' marketing agreements with competitors is instructive, say Amy Gallegos and Michelle Peleg of Jenner & Block LLP.

  • Alice Rejections Now Flow From Different Part Of USPTO

    Kate Gaudry

    Patent-eligibility rejections at the U.S. Patent and Trademark Office skyrocketed quickly after the U.S. Supreme Court's 2014 Alice decision. These effects were largely contained within the “business method” art units but recently have become more common in Technology Center 2100, say Kate Gaudry and Samuel Hayim of Kilpatrick Townsend & Stockton LLP.

  • A Chance For High Court To Clarify On-Sale Bar

    Kevin McGann

    In Helsinn v. Teva, the U.S. Supreme Court can provide further certainty regarding what activities place a claimed invention “on sale” to create a bar to patentability. But if the on-sale bar is to be balanced, solutions other than those offered by the parties in the case might be considered, say Kevin McGann and Catherine McCord of Fenwick & West LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • ITC Clarifies Duty Of Respondents After Corporate Restructure

    Bryan J. Vogel

    The U.S. International Trade Commission's recent decision in Certain Subsea Telecommunications Systems is a cautionary tale for respondents undergoing corporate reorganizations — the onus is on the respondent to inform the ITC and the complainant of the changes, say Bryan J. Vogel and Derrick J. Carman of Robins Kaplan LLP.

  • What High Court Will Consider In Helsinn On-Sale Bar Case

    David Bassett

    In Helsinn v. Teva, the U.S. Supreme Court will resolve whether nonpublic sales or offers to sell still qualify as prior art under the post-America Invents Act on-sale bar. Ahead of Tuesday's oral argument, David Bassett and Christine Duh of WilmerHale examine the briefing from both sides.

  • Tangible Property Sales Taxes Don't Apply To Intangibles

    Craig Fields

    Recent tax decisions in Pennsylvania and Michigan highlight taxing authorities' unsuccessful attempts to assert sales and use tax on products and services that use new technologies not contemplated by old taxing statutes, say Craig Fields and Rebecca Balinskas of Morrison & Foerster LLP.

  • Fed. Circ. Judges Disagree On Section 103 Patent Validity

    Tony Pezzano

    The Graham v. John Deere standard for evaluating the obviousness of a claimed invention has been in place for more than 50 years, but several recent Federal Circuit decisions have adopted a different approach. Now two lines of cases are developing, say Tony Pezzano and Michael Dougherty of DLA Piper.