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Intellectual Property

  • September 18, 2018

    Ulthera Appeals PTAB Decision Upholding Skin Care Patent

    Medical device company Ulthera Inc. asked the Federal Circuit on Tuesday to rehear its challenge to a DermaFocus LLC patent related to an anti-aging skin care procedure, one day after the Patent Trial and Appeal Board upheld the remaining claims in the patent on remand from that appeals court. 

  • September 18, 2018

    Judge Won't Halt Suit Against GM Over Graffiti In Car Ad

    A California federal judge said Tuesday he can't determine whether a mural painted on a parking garage is a standalone work of art or part of the building under copyright law and so refused to let General Motors Co. escape from a copyright infringement suit accusing it of featuring the design in a Cadillac marketing campaign without permission. 

  • September 18, 2018

    Ban On 'Scandalous' TMs Is Probably Dead For Good

    Will the U.S. Supreme Court revive a federal ban on the registration of profane trademarks like "Fuct," less than two years after it categorically struck down a similar rule used against the Washington Redskins? Not f***king likely, experts say.

  • September 18, 2018

    DC Circ. Sides With Copyright Board In SoundExchange Suit

    The D.C. Circuit on Tuesday refused to alter a ruling by the Copyright Royalty Board that set how much streaming services like Pandora Radio must pay for music until 2020, rejecting the argument that the board had used improper benchmarks from the private market.

  • September 18, 2018

    US Loses Bid To DQ Orrick In Fitbit Trade Secrets Case

    A California federal judge on Tuesday denied a request from the government to disqualify Orrick Herrington & Sutcliffe LLP from representing an ex-Fitbit Inc. employee accused of stealing trade secrets from a prior employer, since her co-defendants — whom the firm previously represented — said they didn't mind her keeping the firm as counsel.

  • September 18, 2018

    Fed. Circ. Ruling Takes 'Blocking Patents' To New Places

    The Federal Circuit’s recent ruling invalidating patents on Acorda Therapeutics Inc.’s multiple sclerosis drug Ampyra could expand the impact of so-called blocking patents and may make it easier to show an invention is obvious, attorneys say.

  • September 18, 2018

    Beijing Tees Up New Duties After Trump's $200B Strike

    The mounting trade imbroglio between the U.S. and China continued to intensify Tuesday as Beijing plowed ahead with new duties on $60 billion in U.S. goods, a day after President Donald Trump whacked $200 billion worth of Chinese goods with tariffs of his own.

  • September 18, 2018

    EU Lays Out Sweeping Vision For WTO Reform

    As the global trading system sags amid rising tensions between the U.S. and its partners, the European Union on Tuesday unveiled an informal proposal to reform the World Trade Organization by modernizing its rules, improving its oversight function and repairing its hobbled dispute settlement system.

  • September 18, 2018

    Smith & Nephew To Pay $10.5M To Settle Knee Implant IP Row

    Smith & Nephew Inc. will shell out $10.5 million to Conformis Inc. to resolve all pending patent disputes between the two medical equipment manufacturers, Conformis said Monday.

  • September 17, 2018

    Hershey Creamery Says Liberty Contract Covers IP Fight

    Hershey Creamery Co. asked a Pennsylvania federal judge on Friday to find that a pair of Liberty Mutual companies are contractually obligated to cover the ice cream maker in a trademark dispute with a competitor over slogan infringement claims.

  • September 17, 2018

    USPTO Seeks Help Building AI For Faster Prior Art Searches

    The U.S. Patent and Trademark Office has asked the public for help developing tools using artificial intelligence and machine learning to improve the agency’s search capabilities and streamline the patent prosecution process.

  • September 17, 2018

    Rimon Adds 8-Person Duane Morris Silicon Valley IP Team

    Rimon PC added an eight-person intellectual property group, including four partners and an associate and three staff members, from Duane Morris LLP to its Silicon Valley office, the firm announced Monday.

  • September 17, 2018

    Claim Juror Fears Led To Bias Can't Undo Playboy TM Win

    An Illinois appellate court on Friday upheld a $6.6 million verdict that saw trebled damages for Playboy Enterprises International Inc. after a trial over a licensing dispute between the brand and an energy drink maker, saying the lower court didn’t need to flesh out jurors’ fear of certain men in the courtroom to ensure an untainted decision would be reached.

  • September 17, 2018

    AT&T's Quick Win In Ethernet Patent Suit Upheld By Fed. Circ.

    The Federal Circuit on Monday affirmed a Texas district court’s decision to grant AT&T a quick win in Advanced Media Networks' suit alleging the telecommunications giant infringed on a patent covering technology used to wirelessly connect to the internet, saying that a key term was construed correctly.

  • September 17, 2018

    Fed. Circ. Backs Alice Invalidation Of Robotics Patents

    The Federal Circuit on Monday upheld a finding that parts of four robotics patents were invalid under the U.S. Supreme Court's Alice test, preserving a victory for Invensys Systems Inc. and other companies accused of infringement in the Eastern District of Texas.

  • September 17, 2018

    Proposed GILTI Regs' Anti-Abuse Rule Seen As Overly Broad

    Proposed U.S. regulations for the global minimum tax on intangible income contain an anti-abuse provision that could allow the Internal Revenue Service to disregard the effects of certain offshore transactions even if there aren’t signs of tax avoidance, specialists say.

  • September 17, 2018

    Trump Hits China With Tariffs On Another $200B In Goods

    President Donald Trump announced Monday that he will hike tariffs on $200 billion worth of Chinese goods to as high as 25 percent in an escalating dispute over Beijing’s intellectual property rules.

  • September 17, 2018

    ITC Will Review Section 337 Findings On Robot Vacuums

    The U.S. International Trade Commission agreed to re-examine parts of a judge's decision that several rivals of Roomba maker iRobot Corp. are importing robotic vacuum products that infringe the company’s intellectual property, according to a Federal Register notice set to publish Tuesday.

  • September 17, 2018

    Fed. Circ. Flips DuPont PTAB Loss, Axes Chemical Patent

    The Federal Circuit on Monday reversed a Patent Trial and Appeal Board ruling that DuPont didn’t prove a rival’s chemical patent was invalid, saying that since the claimed method overlapped with earlier techniques, the PTAB should have put the burden on the patent owner to show it was not obvious.

  • September 17, 2018

    Nikon Hit With ITC Complaint Over Lithography Machines

    The U.S. International Trade Commission should bar certain Nikon lithography machines from entering the United States because they infringe the asserted claims of three patents held by semiconductor equipment maker ASML, according to a complaint filed with the commission that the ITC is expected to publicize on Tuesday.

Expert Analysis

  • Dealing With The AIA Trap For Transition Applications

    ​​​​​​​Joe Hetz

    Many practitioners may be surprised to learn that a transition application filed as a continuation application can trigger the first-inventor-to-file provisions of the America Invents Act and can be challenged under post-grant review. This was the situation in ​the ​Patent Trial and Appeal Board case of Schul v. EMSEAL​, say Joe Hetz and Chris Gerardot of Brinks Gilson & Lione.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • Treatment Method Patents After Fed. Circ. Vanda Ruling

    Kurt Lockwood

    The Federal Circuit's Vanda v. West-Ward analysis was endorsed in a U.S. Patent and Trademark Office memorandum and should allow for more consistent application of the U.S. Supreme Court’s framework for evaluating method of treatment claims, say Kurt Lockwood and Erin Martell of Kacvinsky Daisak Bluni PLLC.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • 9th Circ. Broadly Interprets Service Rules For Foreign Cos.

    Daniel Prince

    The Ninth Circuit’s recent decision in the Pangang trade secrets case provides the U.S. government substantially more methods by which it can properly serve foreign organizations, say attorneys with Paul Hastings LLP.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • A Post-SAS Alternative To Inter Partes Review

    David Newman

    As a result of the U.S. Supreme Court's recent SAS ruling, arbitration may be the best way to obtain a patentability ruling in a short and inexpensive manner. Parties can fashion the process to mirror an inter partes review, says David Newman, chairman of Gould & Ratner LLP's intellectual property group.

  • TM Licensors Beware: Your Product Liability Risks May Vary

    Jordan Lewis

    Trademark licensing has exploded in popularity, with everyone from soft drink companies to Ivanka Trump getting into the game. But licensors who attach their name to products over which they lack manufacturing control take a legal risk, and courts' differing views on licensor liability for defective products create a risk of forum shopping by plaintiffs, says Jordan Lewis of Tucker Ellis LLP.