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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

    Intricacy Of Interest Deduction Regs May Vex Multinationals

    The U.S. Treasury Department’s decision to limit interest expense deductions for certain foreign affiliates of multinational corporations could force businesses to undertake complex calculations and puts them at a risk of paying more tax on global income.

  • 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.

  • 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.

Expert Analysis

  • What We Heard At The FTC Hearings: Days 9, 10 And 11

    Meredith Halama

    The sixth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed the intersection of big data, privacy and antitrust issues. Attorneys with Perkins Coie LLP offer some key takeaways.

  • Why Biotech And Pharma Patents Survive IPR

    Tom Engellenner

    Biotechnology and pharmaceutical patents have fared better than other industry patents in inter partes review at the Patent Trial and Appeal Board. Four factors appear to contribute to the success rate, says Tom Engellenner of Pepper Hamilton LLP.

  • When Your Thanksgiving Wishbone Is Copyrighted

    David Kluft

    Before pulling the turkey wishbone for luck on Thursday, consider the originality of the wishbone itself. Could a plastic wishbone be original enough for copyright protection? Yes, according to the Ninth Circuit, says David Kluft of Foley Hoag LLP.

  • A Look At The Patenting Trends For Artificial Intelligence

    Aaron Gin

    Our research on patent filings for artificial intelligence inventions suggests that different AI‑related claim terms can lead to vastly different patent examination outcomes, say Aaron Gin, Michael Krasniansky and Alexandra MacKenzie of McDonnell Boehnen Hulbert & Berghoff LLP.

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • Don't Overreact To Fed. Circ. Design Patent Ruling

    Mark Vogelbacker

    Before adopting a doomsday view of the Federal Circuit's Maatita holding on the enablement and definiteness requirements for design patents, several practical points should be considered, says Mark Vogelbacker of Eckert Seamans Cherin & Mellott LLC.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • Rebuttal

    Multiple IPR Petitions For Same Claim Are Often Not Repetitive

    Michael Berta

    Some commentators have suggested that the practice of filing more than one inter partes review petition directed to a particular patent claim is abusive. But we looked at the numbers, and there is little evidence of “serial attacks” and “duplicate filings,” say Michael Berta and Patrick Reidy of Arnold & Porter.

  • How Patent Attorneys Can Be Better Business Developers

    Karen Katz

    Patent attorneys are uniquely positioned to be rainmakers. They should emphasize certain traits — it may sound counterintuitive, but introversion is one of them, says Karen Katz of Suffolk University Law School.

  • Opinion

    What The 2nd Circ. Missed In Religious Trademark Case

    Paul Tarr

    The Second Circuit's decision this month in Universal Church v. Toellner appears to threaten trademark protection routinely afforded to nonprofits and businesses for marks that have established secondary meaning from common or historical terms, says Paul Tarr, head of the appellate practice at Lester Schwab Katz & Dwyer LLP.