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Intellectual Property

  • December 6, 2018

    JPMorgan, IV Debate The Meaning Of 'And' At Fed. Circ.

    Attorneys for Intellectual Ventures LLC and JPMorgan Chase & Co. debated a claim of IV's cybersecurity software patent before a Federal Circuit panel Thursday, including offering dueling interpretations of the word "and."

  • December 6, 2018

    Sherman Act Cut From Clot Drug Suit, State Claims Survive

    A Tennessee federal judge has freed Momenta Pharmaceuticals Inc. and Sandoz Inc. from Sherman Act allegations that they conspired to monopolize the market for the blood clot drug Lovenox and its generic version, but kept related state claims alive.

  • December 6, 2018

    Verizon Unit's IP Suit Sent To Del. After Fed. Circ. Rebuke

    Verizon subsidiary Oath Holdings Inc. can defend a patent suit over advertisement technology in Delaware, a New York federal judge has ruled, following the Federal Circuit’s decision that the judge failed to follow its decision that TC Heartland was a change in the law.

  • December 6, 2018

    Fed. Circ. Backs HTC Win In Challenge To Acacia Video Patent

    The Federal Circuit on Thursday refused to revive an Acacia Research Corp. unit’s video compression patent that had been successfully challenged by HTC Corp., leaving in place the Patent Trial and Appeal Board’s decision that the patent is invalid.

  • December 6, 2018

    Charity Sues US Soccer Over 'Soccer Foundation' TM

    A soccer charity accused the United States Soccer Federation in D.C. federal court Thursday of trying to block the nonprofit from using a name and logo it says it has been using freely for more than 20 years.

  • December 6, 2018

    Chicago 'Bean' Artist Ends Copyright Fight Over NRA Video

    The artist behind Chicago’s “Bean” sculpture announced Thursday that the National Rifle Association had agreed to remove the statue from a video he called “propaganda,” ending a copyright lawsuit he filed against the group earlier this year.

  • December 6, 2018

    Trump May Get Rude Awakening In China Trade Talks

    President Donald Trump has been taking a victory lap in the wake of his summit with Chinese President Xi Jinping by promising to deliver a bounty of new concessions to U.S. businesses, but the two sides are still far apart on a concrete agreement, and bridging that gap may prove more difficult than Trump anticipates.

  • December 6, 2018

    Amgen Settles 12th Sensipar Patent Fight

    Emcure Pharmaceuticals Ltd. and its subsidiary Heritage Pharmaceuticals Inc. have agreed to hold off on a generic version of Amgen Inc.’s blockbuster calcium reducer Sensipar, which is at least the 12th such deal to be announced in Delaware federal court.

  • December 6, 2018

    PTAB Says Google Not A Party In Samsung Patent Challenges

    The Patent Trial and Appeal Board has agreed to review Samsung Electronics Co. Ltd.’s challenges to a patent covering power-saving technology for smartphones, finding Google LLC is not an interested party to the reviews, according to documents made public Wednesday.

  • December 6, 2018

    Fed. Circ. Questions Allergan On Water's Role In Colitis Patent

    The Federal Circuit on Thursday seemed wary of Allergan's claim that Teva Pharmaceuticals USA Inc. stepped on a patent for the ulcerative colitis drug Delzicol by making a generic in a gel capsule just like the branded medication.

  • December 6, 2018

    Bic Seeks To Put Out Knockoff Lighters At ITC, NY Court

    Bic Corp. has taken aim at several rivals accused of selling knockoff pocket lighters that infringe on its designs, urging the U.S. International Trade Commission to block imports from China and launching a trademark suit in New York federal court.

  • December 6, 2018

    Calif. Law At Issue As Qualcomm Fights Giant Class Cert.

    Qualcomm faces staggering potential liability thanks to a California federal court’s recent class certification covering cellphone buyers who say they were overcharged because of the company's licensing practices, with the judge's order potentially including nearly every cellphone owner in the United States. Here, Law360 looks at what's at stake as Qualcomm tries to appeal the decision.

  • December 6, 2018

    Hasbro Sued By Chinese Toy Co. Over Broken TM License

    A Chinese toy company accused Hasbro Inc. in federal court of breaching a trademark licensing agreement for a line of toy trucks, alleging that the global toy conglomerate miscalculated the royalty payments the Chinese company owed by millions of dollars.

  • December 6, 2018

    Developer Can't Escape Destroyed Murals Suit, Artist Says

    A Pittsburgh mural artist has urged a Pennsylvania federal judge not to let a real estate developer escape a suit accusing it and several others of destroying at least eight of his installations in and around the city, saying the developer has lost its chance to argue that the court lacked personal jurisdiction over it.

  • December 6, 2018

    Fed. Circ. Asks Whether Endo's Opioid Patent Was Obvious

    Actavis LLC and Endo Pharmaceuticals Inc. faced questions from a Federal Circuit panel on Thursday regarding whether someone of ordinary skill could successfully develop Endo’s opioid painkiller Opana ER, amid Actavis’ appeal of a ruling that Endo’s Opana patent is valid.

  • December 6, 2018

    Data-Driven Lawyer: Ogletree's Evan Moses

    Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 5, 2018

    'Milly Rock' Rapper Says 'Fortnite' Video Game Swiped Dance

    2 Milly, the rapper who originated the "Milly Rock" dance craze in 2014, sued Epic Games Inc. in California federal court Wednesday, claiming the video game maker infringed his copyright when it jacked his dance for its smash hit game "Fortnite."

  • December 5, 2018

    Sens. Set Meeting To Talk Revamp Of Patent Eligibility Law

    Two U.S. senators have invited dozens of major companies, industry groups and prominent intellectual property experts to a closed-door meeting next week to discuss possible legislation to rewrite the law governing patent eligibility.

  • December 5, 2018

    'Housewives' Star Must Pay Vineyard Vines $610K In TM Row

    A star of “The Real Housewives of New Jersey” and her lifestyle brand must fork over more than $610,000 to retailer Vineyard Vines LLC for continuing to rip off its famous whale logo trademark despite a court order barring further infringement, a Connecticut federal court held on Wednesday.

  • December 5, 2018

    Doctors Without Borders Seeks To Undo Gilead Hep C Patent

    Doctors Without Borders and five organizations have appealed the European Patent Office’s decision upholding Gilead Sciences Inc.’s patent for the hepatitis C drug sofosbuvir, the international nonprofit announced on Wednesday.

Expert Analysis

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • When A Patent Disclosure Is Not A Disclosure

    Martin Pavane

    ​The Federal Circuit has explained that patent descriptions do not require any particular form of disclosure.​ ​However, the court's recent decision in ​FWP IP v. Biogen point​s​ to a heightened scrutiny of descriptions when an applicant amends or adds new claims to cover a competitor’s activities, say Martin Pavane and Darren Mogil of Cozen O’Connor.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Employee Nonsolicitation Terms Now Likely Void In California

    Dylan Wiseman

    In AMN Healthcare v. Aya Healthcare Services, a California appellate court recently held that employee nonsolicitation agreements are void unless they fall within one of three statutory exceptions, clearing up uncertainty about their enforceability in the state, say Dylan Wiseman and Alexandra Grayner at Buchalter PC.

  • ​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.