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Intellectual Property

  • July 19, 2018

    PTAB Denies Alice Challenges To Doc Retrieval Patents

    The Patent Trial and Appeal Board rejected challenges from a group of financial services firms to two document retrieval patents Thursday, finding their arguments that the patents are invalid under the U.S. Supreme Court’s Alice test too closely resembled those made separately by Fidelity Information Services LLC.

  • July 19, 2018

    Protein Powder Co. Sues Rival Over 'Organic Protein' TM

    A maker of protein powder accused a rival of misleading consumers and infringing on its organic protein trademark by using deceptively similar packaging on its own products, according to a suit filed in California federal court Wednesday.

  • July 19, 2018

    Class Attorneys Secure $40M From Solodyn Pay-For-Delay

    A Massachusetts federal judge greenlighted more than $40 million in attorneys’ fees that consumers, pharmacies and health plans racked up during four years of multidistrict litigation and a three-week trial alleging several U.S. drugmakers colluded to delay a generic alternative to brand-name acne medication Solodyn.

  • July 19, 2018

    CDK Seeks Arbitration Or Toss Of Dealership Claims In MDL

    Software provider CDK Global LLC asked an Illinois federal court on Wednesday to either compel arbitration or dismiss claims against it by the car dealership class in multidistrict litigation alleging it monopolized access to data in software licensed to car dealerships, saying the dealers don’t have standing as indirect purchasers of applications that utilize the data.

  • July 19, 2018

    Nike Gets Default Win In TM Suit Over Counterfeit Shoes

    A New Jersey federal judge handed a win Wednesday to Nike Inc. in a lawsuit against several shipping companies who helped transport thousands of counterfeit shoes from China to the United States.

  • July 19, 2018

    Genentech Drops Bid For White & Case Samsung Docs

    Genentech Inc. told a New York federal judge Wednesday that it was dropping its suit seeking documents from White & Case LLP that would help it fight an effort by Samsung Bioepis Co. Ltd. to sell a drug in Europe that would compete with its blockbuster cancer drug Herceptin.

  • July 19, 2018

    AbbVie Judge Rejects Interest Hike On AndroGel Penalty

    AbbVie Inc. got a partial win in Pennsylvania federal court on Wednesday when a judge rejected a nearly 57 percent interest hike that the Federal Trade Commission proposed for the drugmaker's $448 million penalty over alleged sham AndroGel patent lawsuits.

  • July 19, 2018

    5th Circ. Kills Trademark Suit Over 'Cowboy' Bourbon

    The Fifth Circuit refused to revive a failed trademark case that aimed to block a Texas distillery named Garrison Brothers from using "cowboy" on bourbon bottles, ruling the name abandoned.

  • July 19, 2018

    ITC To Probe Powered Cover Plates From China

    The U.S. International Trade Commission will investigate powered cover plates containing built-in light sensors and USB chargers after a Utah company accused several companies located in the U.S. and China of selling knockoffs that infringe four of its patents, the agency announced on Wednesday.

  • July 19, 2018

    Kim Kardashian's Perfume Line Targeted in Trademark Spat

    A Chicago-based marketing company has sued Kim Kardashian West's fragrance line in Illinois federal court, claiming the reality star's new perfume "Vibes" infringes the company's trademarked name and logo.

  • July 19, 2018

    Nikon Didn't Infringe Carl Zeiss Patents, Calif. Jury Says

    A California federal jury on Thursday cleared Japanese camera giant Nikon of allegations by lensmaker Carl Zeiss and semiconductor equipment maker ASML that Nikon digital cameras infringe two patents protecting electronic image capture technology.

  • July 18, 2018

    BladeRoom Wants Emerson IP After $30M Trade Secrets Win

    BladeRoom Group Ltd. urged a California federal judge Wednesday to block Emerson Electric Co. from peddling data center components created using its stolen trade secrets and reassign a patent related to the building technology on top of the $30 million verdict it won at trial.

  • July 18, 2018

    PTAB Urged To Review CRISPR Gene-Editing Patent

    An agriculture biotech company on Tuesday urged the Patent Trial and Appeal Board to invalidate a patent related to gene-editing technology CRISPR-Cas9 that is held by the Massachusetts-based Broad Institute, arguing that the asserted claims are either indefinite or obvious.

  • July 18, 2018

    FDA Chief Blames Big Pharma For 'Anemic' Biosimilars Sales

    The U.S. Food and Drug Administration’s leader on Wednesday placed blame on Big Pharma for the “anemic” biosimilars market and floated a four-part plan for strengthening sales of the copycat medicines.

  • July 18, 2018

    Bed Bath & Beyond Blocked From Selling Water Balloon Toy

    An Eastern District of Texas federal judge has temporarily blocked Bed Bath & Beyond from selling a toy that rapidly fills multiple water balloons at once and is claimed to infringe patents held by Tinnus Enterprises, the maker of a similar product.

  • July 18, 2018

    PTAB Nixes 2 Customer Service Software Patents

    The Patent Trial and Appeal Board has struck down two patents covering customer service software, finding that a California-based company’s patents are invalid as obvious.

  • July 18, 2018

    Justices Told Patent Co-Owner Rights Rule Creates Conflict

    Licensing company Advanced Video Technologies LLC has urged the U.S. Supreme Court to overturn Federal Circuit precedent that permits a co-owner of a patent to block another co-owner's infringement claims by refusing to join the suit, saying the rule creates a conflict in the rights of patent co-owners.

  • July 18, 2018

    Alibaba's Video Giant Can't Be Sued In US, DC Circ. Says

    Alibaba’s Youku Tudou Inc. won a ruling at the D.C. Circuit on Tuesday that the Chinese video sharing giant can’t be sued for copyright infringement in American court.

  • July 18, 2018

    Kaufman Dolowich Lures In Fla. Professional Liability Partner

    Litigation shop Kaufman Dolowich & Voluck LLP welcomed a new Florida professional liability partner Wednesday from Fowler White Burnett PA, less than a year after bringing in two other Fowler White lawyers to the state.

  • July 18, 2018

    USPTO Kills Rarely Used TM Rule Under Trump Rollback

    The U.S. Patent and Trademark Office on Tuesday formally eliminated rules tied to a rarely used proceeding called a trademark interference, citing President Donald Trump's executive order requiring agencies to re-examine old regulations.

Expert Analysis

  • Judge Kavanaugh On Intellectual Property

    Van Lindberg

    What are U.S. Supreme Court nominee Judge Brett Kavanaugh's views on intellectual property? He has not been presented with a lot of IP-specific issues, but a few D.C. Circuit cases give some clues as to his thinking, says Van Lindberg of Dykema Gossett PLLC.

  • Prepare For New Claim Construction Standard At PTAB

    Matt Kamps

    The U.S. Patent and Trademark Office's proposed rule changing claim construction in post-grant proceedings before the Patent Trial and Appeal Board is likely to be adopted in some form. In view of the 300 comments submitted over the last two months, we have a few predictions and some questions, say attorneys with Faegre Baker Daniels LLP.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • WesternGeco May Reshape Reasonable Royalty Damages

    Aaron Fahrenkrog

    The analysis underlying the U.S. Supreme Court's holding in WesternGeco v. Ion opens the door to arguments for reasonable royalty damages based on foreign activities arising from domestic infringement, say attorneys with Robins Kaplan LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • PTAB Institution Decisions In The Wake Of SAS

    Stephen Schreiner

    We studied more than 50 inter partes review institution decisions issued since the U.S. Supreme Court's SAS Institute ruling ended partial reviews at the Patent Trial and Appeal Board. The results to date are encouraging, say ​​​​​​​Stephen Schreiner of Goodwin Procter LLP and Maxine Graham of American Express Co.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Dental Photos Case Shows Copyright Threshold Has Bite

    Matthew Nelles

    A Florida federal court's decision last month involving a dentist’s before-and-after patient photos enhances the body of law where courts have determined that an author’s work was not sufficiently creative to establish a valid copyright, says Matthew Nelles of Berger Singerman LLP.

  • Another Decision In Goldman Code Theft Case

    Jonathan Waisnor

    The Aleynikov case demonstrates that employees who attempt to use the proprietary source code of their former employers without authorization may face not only the risk of civil liability, but also prosecution under local criminal statutes. And they could also face liability under the recently expanded federal Economic Espionage Act, says Jonathan Waisnor of Willkie Farr & Gallagher LLP. 

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.