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Intellectual Property

  • July 16, 2018

    Blue Spike Hits Roku With ITC Petition On Streaming Patents

    Data patent holder Blue Spike LLC has accused smart TV company Roku Inc. of importing streaming products that violate the Texas company’s intellectual property rights, asking the U.S. International Trade Commission to ban future infringing imports.

  • July 16, 2018

    USPTO Urges Justices To Deny Review Of Web Patent Suit

    The U.S. Patent and Trademark Office has fired back at a bid for U.S. Supreme Court review by the owner of a web linking patent found invalid after it was challenged by Google, saying there is "no basis" for the owner’s arguments that the Federal Circuit had flouted precedent.

  • July 16, 2018

    Executive Order Boosts Fears Of Politically Influenced ALJs

    An executive order signed last week by President Donald Trump eliminating the competitive examination and selection procedures for appointing administrative law judges has heightened concerns that both the ALJ hiring process and decisions made by the judges will be unduly influenced by politics, legal experts said Monday.

  • July 16, 2018

    Gucci Blocks Great-Grandson's E-Cig Trademarks

    Italian fashion house Gucci won a ruling at the Trademark Trial and Appeal Board blocking the great-grandson of its namesake founder from registering trademarks for his “Uberto Gucci” brand.

  • July 16, 2018

    Puma Looks To Ditch Willfulness Claims In Nike IP Suit

    Puma asked a Boston federal court on Friday to dismiss Nike's claims that the alleged infringement of patents for trendy knitted shoes was willful, and to dismiss claims for two of the patents-in-suit altogether.

  • July 16, 2018

    USPTO Still Mulling Supreme Court Over 'Scandalous' TMs

    The U.S. Patent and Trademark Office is still mulling over whether to ask the U.S. Supreme Court to reinstate the Lanham Act's ban on "scandalous" trademarks, pushing the decision back to August.

  • July 13, 2018

    Indivior Wins Bid To Block Sales Of Suboxone Generic

    Determining that drugmaker Indivior will likely be able to show its suit claiming infringement by Dr. Reddy’s of a so-called child patent covering its Suboxone Film will not be precluded by a suit in which Dr. Reddy’s was cleared of infringement of the parent patent, a New Jersey federal judge on Friday granted Indivior a preliminary injunction blocking sales.

  • July 13, 2018

    Arista Says Cisco Cost It $160M As Antitrust Trial Nears

    Just weeks before trial in Arista Networks Inc.’s antitrust suit against Cisco Systems Inc., the parties squared off Friday in California federal court over Arista's bid to introduce expert testimony that it lost about $160 million after Cisco asserted copyright violations to block sales of competing ethernet switches.

  • July 13, 2018

    Fed. Circ. OKs PTAB Ruling That Insulation Patent Is Valid

    The Federal Circuit on Friday affirmed a decision by the Patent Trial and Appeal Board upholding the validity of a patent covering the design of building insulation.

  • July 13, 2018

    Photographer Wants Justices To Hear Nike 'Jumpman' IP Case

    The photographer who claims Nike Inc. ripped off his Michael Jordan photo to create its signature “Jumpman” logo got a break from the Ninth Circuit on Friday, after the court agreed to hold off on finalizing a recent ruling against him while he takes his case to the U.S. Supreme Court.

  • July 13, 2018

    Fed. Circ. Upholds PTAB Ax Of 7 Xyrem Patents

    The Federal Circuit maintained a win on Friday for generic-drug maker Amneal Pharmaceuticals LLC, affirming multiple inter partes reviews that invalidated claims in seven patents related to a narcolepsy drug called Xyrem.

  • July 13, 2018

    Match Faces 2nd Infringement Suit Over 'Life Issues' Patent

    Match Group LLC was hit with a second patent suit alleging its Tinder dating service infringes a Texas company’s technology for using social networks to help people with their “life issues,” according to a complaint filed Friday in Dallas.

  • July 13, 2018

    Qualcomm Says Buyers Have No Say In IPhone Import Row

    Smartphone consumers pursuing antitrust multidistrict litigation over Qualcomm’s patent licensing practices can’t block the chipmaker from trying to force Apple to only import iPhones with Qualcomm chipsets, Qualcomm told a California federal judge Thursday, arguing the import matter is totally unrelated.

  • July 13, 2018

    Edible Arrangements Must Arbitrate $209M Google TM Row

    A Connecticut federal judge on Friday granted arbitration and administratively closed a $209 million trademark suit in which Edible Arrangements accused Google of creating confusion by placing Edible's ads next to competitors, rejecting Edible's argument that the claims fall outside the scope of the companies’ arbitration clause.

  • July 13, 2018

    Fed. Circ. OKs Endo Win In Testosterone Therapy Patent Case

    The Federal Circuit on Friday upheld two patents covering Endo Pharmaceuticals Solutions Inc.'s testosterone replacement therapy Aveed, rejecting a generics maker’s argument that the patents were invalid for obviousness.

  • July 13, 2018

    Fed. Circ. Rules PTAB Was Wrong To Ax Hair Curler Patent

    The Federal Circuit on Friday reversed a Patent Trial and Appeal Board decision invalidating a hair curler patent licensed to Conair Corp., finding that it was not anticipated by earlier curlers because those devices clearly operate differently than the patented invention.

  • July 13, 2018

    Uniloc Says Amazon's Video Compressor Infringes Its Patent

    Patent litigator Uniloc filed a complaint Thursday alleging that Amazon sells video devices that infringe a patent related to technology that encodes and compresses videos.

  • July 13, 2018

    Brand Battles: HBO Aims To Kill 'Winter Is Coming' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, HBO aims to conquer an application that threatened to usurp a famous "Game of Thrones" motto, Viacom and MTV aim to "Unplug" an old registration, and Heineken gets the eye of the "Tiger."

  • July 13, 2018

    FTC Wants To Keep Fighting Opana Pay-For-Delay Deal

    The Federal Trade Commission has sought to revive allegations of a pay-for-delay scheme between Endo Pharmaceuticals and generic-drug maker Impax to stall the launch of a generic for opioid medication Opana ER, saying an administrative law judge erred in finding the pro-competitive benefits of the deal outweighed its competitive harms.

  • July 13, 2018

    New Tax Overhaul Won’t Address GILTI, Congressman Says

    The new tax overhaul legislation that the House Committee on Ways and Means is drafting will not address international tax provisions such as global intangible low-taxed income, a Republican congressman on the committee told Law360 Friday.

Expert Analysis

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Merck Patent Case Supports Use Of 'Unclean Hands' Defense

    Francis C. Lynch

    The Federal Circuit recently held that unclean hands based on serious business and litigation misconduct barred Merck from enforcing two patents against Gilead. An analysis of this decision and others demonstrates that the unclean hands defense should be considered in a variety of cases, says Francis C. Lynch, a retired senior partner at Goodwin Procter LLP.

  • Opinion

    We Must Modernize USPTO's Fee System

    Robert Stoll

    Because the U.S. Patent and Trademark Office is fully funded by user fees, recent legal developments that have shaken confidence in patent value are likely to lead to problems at the agency. It is clearly time to re-examine the USPTO’s fee schedule, says Robert Stoll of Drinker Biddle & Reath LLP.

  • A Sighting Of AIA Derivation

    Barbara McCurdy

    The very first America Invents Act derivation proceeding was instituted on March 21, 2018 — more than five years after the AIA was enacted. In these proceedings, the U.S. Patent and Trademark Office has the ability to fashion remedies. But it does not appear to be a proceeding many are pursuing, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • What 'Commercial Scale' Means In IP Trade Agreements

    Tran Manh Hung

    The “commercial scale” threshold for intellectual property-related criminal offenses appears in important international agreements. However, there has not been a consensus on the understanding of the term, which leaves a wide and opaque margin for interpretation by countries, judges and lawyers, say Tran Manh Hung and Hoang Ngoc Quan of Baker McKenzie.

  • What The AbbVie Decision Says About Sham Patent Cases

    Leslie John

    The recent Pennsylvania federal court decision in Federal Trade Commission v. AbbVie is likely to have significant effects on antitrust cases challenging patent litigations as shams, say Leslie John and Stephen Kastenberg of Ballard Spahr LLP.

  • Patent Eligibility Assessments: US Approach Vs. UK Approach

    Christopher Carroll

    Techniques used to address questions of obviousness in the U.K. may prove useful to practitioners addressing questions of patent eligibility in the U.S., say Christopher Carroll and Charles Larsen of White & Case LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Massachusetts Patent Litigation Is Speeding Up

    Aaron Jacobs

    The District of Massachusetts recently issued an updated rule for scheduling and procedures in patent infringement cases, to make the district a more convenient venue. Perhaps the most important change is the newly accelerated litigation timeline, says Aaron Jacobs of Prince Lobel Tye LLP.

  • What’s Next For Foreign Patent Damages?

    Mark Kachner

    While resolving the issue of the availability of foreign lost profits in the context of Section 271(f)(2), the U.S. Supreme Court's decision in WesternGeco v. Ion leaves many issues unresolved, say Mark Kachner and Karen Vogel Weil of Knobbe Martens Olson & Bear LLP.