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Intellectual Property

  • November 16, 2018

    IP Hires: Robins Kaplan, McCarter & English, Womble Bond

    In this week’s round of intellectual property attorney moves, Robins Kaplan added a partner with more than 20 years of experience in patent litigation, McCarter & English landed two IP partners seasoned in life sciences, and Womble Bond found the new head of its Patent Trial and Appeal Board trials practice in California. Here are the details on these and other notable IP hires.

  • November 15, 2018

    Fed. Circ. Puts PTAB Assignor Estoppel To Rest

    The Federal Circuit’s ruling that inventors can challenge their own patents in inter partes review puts to rest the issue of assignor estoppel at the Patent Trial and Appeal Board, while illustrating the reach of the court’s ruling in Wi-Fi One.

  • November 15, 2018

    Fed. Circ. Says ArcelorMittal Steel Patent Suit Not Barred

    The Federal Circuit has revived a patent infringement suit lodged by ArcelorMittal over certain steel sheets used in auto parts, ruling that the case wasn’t barred after finding it involved products that were substantially different from those at issue in earlier litigation.

  • November 15, 2018

    USPTO Testing AI Software To Help Examiners ID Prior Art

    The U.S. Patent and Trademark Office is testing new software that gives patent examiners additional tools to identify whether a patent application incorporates existing technology, USPTO Director Andrei Iancu said Thursday.

  • November 15, 2018

    Justices Urged To Ax Fed. Circ. Ruling Restricting Alice

    The Electronic Frontier Foundation and T-Mobile, among others, have urged the U.S. Supreme Court to overturn a Federal Circuit decision that made it harder for courts to quickly invalidate patents for claiming patent-ineligible material, saying that the ruling has far-reaching consequences for patent litigation and innovation.

  • November 15, 2018

    DraftKings, FanDuel Say Ind. Ruling Ends Athlete IP Suit

    DraftKings and FanDuel told the Seventh Circuit on Wednesday that claims they violated college athletes' publicity rights by using student names, images and statistics in their daily fantasy sports contests should be tossed since the Indiana high court found such use to be newsworthy, although the athletes say there is still an open question as to whether the pay-to-play contests were legal in the state.

  • November 15, 2018

    Fish & Richardson Selects China For 2nd Global Office

    Fish & Richardson PC will make its first foray into China with an outpost in the technology hub of Shenzen, its second international office after Munich, after securing approval from China's Ministry of Justice to open a representative office, the intellectual property powerhouse announced Thursday.

  • November 15, 2018

    Pharma Cos. Must Hand Over Generic Restasis Plans In MDL

    A federal judge has denied three pharmaceutical companies' move to quash subpoenas for information on their plans to make generic substitutes of Allergan’s drug Restasis in multidistrict litigation over its alleged efforts to delay the generic versions’ launch, saying in-house counsel can view the data without compromising confidentiality.

  • November 15, 2018

    Buc-ee's, Rival Store Agree To Drop Logo Suit

    Popular Texas convenience store chain Buc-ee's and Choke Canyon, a competing store that was found by a federal jury to infringe Buc-ee's beaver logo, agreed Thursday to dismiss the lawsuit, meaning the damages portion of the trial won't take place.

  • November 15, 2018

    Fed. Circ. Revives Omaha Steaks Trademark Fight

    Siding with Omaha Steaks, the Federal Circuit on Thursday revived a case aimed at blocking a crosstown meat wholesaler called Greater Omaha Packing Co. from registering its own “Omaha” trademark.

  • November 15, 2018

    Chicago Merc's GC Can't Be Deposed In Trademark Spat

    Intercontinental Exchange Inc. cannot depose the Chicago Mercantile Exchange's general counsel in a trademark suit over CME's risk assessment software because ICE has not proven that the lawyer is the only source of certain information it seeks, an Illinois federal judge ruled Thursday.

  • November 15, 2018

    Holland & Knight Snags Another Reed Smith Pro As Partner

    Holland & Knight LLP has lured a new partner to its New York office — a tech-focused intellectual property associate from Reed Smith LLP, who defended Google against Oracle’s copyright claims in district court.

  • November 15, 2018

    PTAB Declines To Review Foldable Chair Design Patent

    The Patent Trial and Appeal Board has declined to review an Idea Nuova Inc. patent covering the design of a foldable chair, finding that a rival chair maker failed to show how the patent was likely invalid as obvious or anticipated over images on another website.

  • November 14, 2018

    Emerson Says It Doesn't Belong In Ex-Unit's $100M IP Row

    Emerson Electric Co. asked an Illinois federal judge Tuesday to let it out of a $100 million lawsuit claiming its former subsidiary misappropriated trade secrets that caused a rival’s declined lithium-ion battery sales, saying its status as a former parent company makes liability a “factual impossibility.”

  • November 14, 2018

    7th Circ. OKs Sanctions Over Atty's Post-Settlement Fee Filing

    The Seventh Circuit on Wednesday agreed with a lower court that an Indiana lawyer's request for fees in a copyright suit was sanctionable because he did not reveal in his filing that his client had paid to settle the case with prejudice.

  • November 14, 2018

    Pfizer Debuts Biosimilar Of Amgen, Janssen Meds

    Pfizer Inc. on Wednesday announced the launch of a sharply discounted biosimilar version of Amgen Inc.’s Epogen and Janssen Pharmaceuticals Inc.’s Procrit, capping hard-fought development efforts marked by approval setbacks and ongoing patent litigation at the Federal Circuit.

  • November 14, 2018

    PTAB Petitions Spike Ahead Of Claim Construction Change

    Just two weeks in and November is already the year’s busiest month for patent challenges at the Patent Trial and Appeal Board, with petitioners seemingly racing to beat a change to the claim construction standard that went into effect Tuesday.

  • November 14, 2018

    Fed Circ. Won't Stay Immunity Ruling For Allergan's Appeal

    The Federal Circuit has said it wouldn't stay its ruling that sovereign immunity doesn't apply in inter partes reviews while Allergan PLC and the St. Regis Mohawk Tribe appeal to the U.S. Supreme Court.

  • November 14, 2018

    Fed. Circ. Says NY Court Can't Hear Verizon Unit Patent Suit

    Verizon subsidiary Oath Holdings Inc. does not have to defend a patent lawsuit over advertisement technology in the Eastern District of New York, the Federal Circuit ruled Wednesday, finding a lower court failed to follow its decision that TC Heartland was a change in the law.

  • November 14, 2018

    Bio-Rad Wins $24M Jury Verdict In 10X Genomics Patent Suit

    A Delaware federal judge on Wednesday ordered 10X Genomics Inc. to pay nearly $24 million to Bio-Rad Laboratories Inc. and the University of Chicago after a jury found that it infringed a droplet-based method of manipulating DNA.

Expert Analysis

  • ​The New Reality Of Patent Trials Post-Halo

    Jeremy Taylor

    ​Jury verdicts following the U.S. Supreme Court’s 2016 Halo decision suggest that previous patent litigation strategies are no longer working for trial-bound cases, say attorneys with Baker Botts LLP.

  • New Claim Construction Standard Arrives At PTAB

    Matt Kamps

    On Tuesday, the Patent Trial and Appeal Board's claim construction standard for America Invents Act post-grant proceedings changes from "broadest reasonable interpretation" to “ordinary and customary meaning.” Attorneys with Faegre Baker Daniels LLP examine this quickly adopted rule and the U.S. Patent and Trademark Office's response to comments.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Patent And Copyright Changes In The New NAFTA

    Michele Washington

    The modernized trade agreement between the U.S., Mexico and Canada includes provisions that should improve intellectual property transparency between the member countries and bring a certain degree of procedural uniformity, say attorneys with Snell & Wilmer LLP.

  • Canada Considering Patent Prosecution History Estoppel

    David-Kei Codère Maruyama

    Currently Canadian courts do not look at patent prosecution history when construing claims. But a proposed bill being debated in the Parliament would closely align claim construction in Canada with practices in the U.S., say attorneys with BCF LLP.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • A Look At Tax Code Section 199's Last Stand

    Kevin Spencer

    The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.

  • New Claim Construction At PTAB: Lessons From ITC Cases

    Sasha Rao

    How will federal courts respond to the Patent Trial and Appeal Board’s shift to the Phillips standard for claim construction? Inferences may be reasonably drawn from their treatment of claim construction by the U.S. International Trade Commission, says Sasha Rao of Oblon McClelland Maier & Neustadt LLP.

  • Deciding The Fate Of Trademark Licenses In Bankruptcy

    Woods Drinkwater

    If the U.S. Supreme Court finds in Mission Product Holdings v. Tempnology that a trademark licensing agreement is fully extinguished upon rejection in bankruptcy, it may cut off a source of revenue for debtor-licensors and risk the livelihood of licensees, say Woods Drinkwater and John Baxter of Nelson Mullins Riley & Scarborough LLP.