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Intellectual Property

  • December 11, 2018

    3rd Circ. Questions 'Imminent' Shire Antitrust Actions

    The Third Circuit pressed the Federal Trade Commission on Tuesday to show why the court should revive the agency’s antitrust complaint alleging a Shire PLC unit delayed generic competition for a gastrointestinal infection drug through a series of sham regulatory petitions, expressing skepticism that a violation of federal law was “imminent.”

  • December 11, 2018

    FTC Can't Block Qualcomm Evidence Ahead Of Antitrust Trial

    The Federal Trade Commission's bid to block Qualcomm from presenting several pieces of evidence at the agency's upcoming trial accusing the chipmaker of anti-competitive licensing practices was shot down by a California federal judge for being overly broad.

  • December 11, 2018

    Greenberg Traurig Brings In Ex-Knobbe Martens IP Pro

    Greenberg Traurig LLP has bolstered its intellectual property and technology practice with the addition of a former Knobbe Martens attorney who has over 20 years of experience, the firm has announced.

  • December 10, 2018

    Shire Must Cough Up Some Docs In Pay-For-Delay Suit

    Shire LLC will have to turn over documents in an antitrust suit accusing it and Actavis of settling a patent dispute over an ADHD drug on anti-competitive terms, a Massachusetts federal judge ruled Monday.

  • December 10, 2018

    Architecture Firm To Arbitrate Dispute Over Hotel Plans

    A dispute between an architect and a property management company that allegedly tried to use its plans without paying for them is headed for arbitration after an Illinois federal court ruled Monday that an arbitration agreement in the contested contract is enforceable.

  • December 10, 2018

    Trump Campaign, WikiLeaks Seek To Kill DNC Hacking Suit

    The Trump campaign and WikiLeaks asked a New York federal court to toss the Democratic National Committee’s suit over a pre-election email hack, saying Friday that the suit runs counter to the First Amendment and doesn’t sufficiently allege they violated privacy and intellectual property laws.

  • December 10, 2018

    Alsup Probes Patent Trial Jury Pool On UFOs, Telekinesis

    U.S. District Judge William Alsup questioned prospective jurors about their beliefs in aliens, telekinesis and UFOs on Monday at the start of a trial over Finjan Inc.'s allegations that Juniper Network Inc.'s malware detection products infringe its security patent, saying it's "interesting" to see which party "knocks off" jurors with scientific backgrounds.

  • December 10, 2018

    Fed. Circ. Upholds PTAB's Axing Of Inventory Tech Patent

    The Federal Circuit on Monday upheld a decision finding an inventory restocking technology patent invalid because it covers only an abstract idea, rejecting arguments the patent wasn’t eligible for the America Invents Act’s covered business method review program.

  • December 10, 2018

    Jay-Z Claims Movement In Arbitrator Diversity Request

    Music mogul Jay-Z told a New York state court Monday that the American Arbitration Association has agreed to work with him to ensure more African-American arbitrators would be available in the pool of potential people to hear his intellectual property dispute with Iconix Brand Group Inc.

  • December 10, 2018

    J&J To Face Bulk Of Buyers' Claims In Remicade Antitrust Suit

    A Pennsylvania federal judge largely refused Friday to toss antitrust claims from buyers of Johnson & Johnson immunosuppressant Remicade, concluding that only sham litigation allegations and some state law consumer protection accusations must go while maintaining most of the suit alleging J&J compelled insurers not to cover competing biosimilars.

  • December 10, 2018

    Fed. Circ. Skips VirnetX Challenge To Retroactive AIA Reviews

    The Federal Circuit on Monday affirmed an America Invents Act review decision invalidating a VirnetX patent challenged by Apple, saying VirnetX did not preserve its argument that AIA reviews cannot be retroactively applied to patents filed before the law was enacted.

  • December 10, 2018

    Ebony Sues Univision Over 'FU, Pay Your Writers!' Column

    Ebony magazine ratcheted up a war of words with online competitor The Root, accusing the Univision-owned rival of spreading false rumors and stepping on Ebony’s trademarks in a story that said the magazine didn’t pay its freelancers, according to a suit in New York federal court.

  • December 10, 2018

    Apple Can’t Get Antenna Maker’s Test Docs In Patent Suit

    An antenna maker accusing Apple of copying its products can’t be forced to turn over documents related to tests of Apple products that it undertook to check for patent infringement because test results are not being used to back up the infringement claim, a federal magistrate in Utah ruled Friday.

  • December 10, 2018

    BioChemics Receiver Taps Sunstein, Nields For IP Work

    A receiver appointed to help liquidate the assets of BioChemics Inc. as the government tries to collect on a nearly $18 million securities fraud judgment has tapped two law firms, Sunstein Kann Murphy & Timbers LLP and Nields Lemack & Frame LLC, to maintain the Massachusetts company's intellectual property.

  • December 10, 2018

    Fed. Circ. Affirms Gilstrap's Alice Ax Of Email Patent

    The Federal Circuit on Monday upheld findings from U.S. District Judge Rodney Gilstrap that invalidated parts of two patents related to email software, including one that was found invalid under the U.S. Supreme Court’s Alice test.

  • December 10, 2018

    Tardy Claim Dooms $100M Biotech IP Suit In Chancery

    A Delaware Chancery Court on Monday tossed a biotech firm’s suit seeking $100 million in losses and triple damages from the German-based parent of Fraunhofer USA Inc. for fraudulent use and theft of its intellectual property, finding that the firm correctly sued the German parent in chancery court but moved too late to protect its claims.

  • December 10, 2018

    Pharmas Say FTC Pushing Subpoena Limits In AndroGel Row

    The Federal Trade Commission can't justify its call for nationwide subpoena power in the agency's suit alleging the makers of testosterone drug AndroGel cut deals with generic companies to delay competition, two drugmakers argued in Georgia federal court.

  • December 10, 2018

    Apple Faces Partial IPhone Ban In China After Qualcomm Win

    A Chinese court has ordered Apple to stop selling several different iPhone models in the country, saying the phones infringed two patents held by Qualcomm, the chip supplier announced Monday.

  • December 10, 2018

    Justices Won't Hear Corning's $61M Patent Appeal Over Halo

    The U.S. Supreme Court on Monday declined to hear a Corning Inc. subsidiary’s challenge to a $61 million judgment against it in a cable patent case, in spite of the fiber optics maker’s arguments that the judgment was based on a misreading of the high court's Halo ruling.

  • December 10, 2018

    Renesas Fights Foe's Bid To Bring $77M IP Row To High Court

    Renesas Electronics America Inc. has told the U.S. Supreme Court not to hear Texas Advanced Optoelectronic Solutions Inc.’s challenge of a Federal Circuit ruling that vacated a $77 million verdict against Renesas for stealing trade secrets and violating patent rights.

Expert Analysis

  • 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.

  • Fed. Circ. Further Expands Appellate Review Of IPR

    Christopher Loh

    The decision this month in Arista v. Cisco illustrates the Federal Circuit’s expanding jurisdiction over inter partes review issues that previously were considered unreviewable, says Christopher Loh of Venable LLP.

  • The Future Of Intellectual Property Imports In China

    Holly White

    As China's intellectual property enforcement system is strengthened, and its consumer market grows in size and sophistication, there are increasingly more and better opportunities for foreign businesses to bring their IP into the country, says Holly White, a technology consultant at Rouse & Co.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Opinion

    A Call For Nationwide Consistency On Noncompetes

    Steven Kayman

    There is something to be said for and against all of the various approaches taken to address the nettlesome problem of noncompetes. But little can be said to justify what we now have — a complex quilt work of varying laws and rules, say Steven Kayman of Proskauer Rose LLP and Lauren Davis, a law clerk with the New Jersey Superior Court​​​​​​​.

  • The Narrow Meaning Of Asacol Class Action Ruling

    Fred Isquith

    Following the First Circuit's decision last month in the Asacol antitrust litigation, some predicted the end of the Rule 23 class action process. While there is much of interest in the opinion, early comments overstated the court’s concerns and views, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • Fed. Circ. Is Tightening Appellate Standing For IPR Cases

    Craig Countryman

    When can a party appeal an inter partes review loss? Three recent Federal Circuit decisions set parameters on when an allegedly infringing product is close enough to market to give rise to standing, and two pending appeals will further clarify matters, says Craig Countryman of Fish & Richardson PC.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.