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Intellectual Property

  • September 17, 2018

    Gleevec Buyers Say 1st Circ.'s Dismissal Misread Patent Law

    Buyers of the leukemia drug Gleevec urged a First Circuit panel on Friday to rehear its decision affirming the dismissal of a proposed class action accusing Novartis of using sham litigation to extend a monopoly over the medication, arguing the ruling went against “black-letter patent law.”

  • September 17, 2018

    Court Sanctions Nutrition CEO, Atty Over False Patent Claims

    A California federal judge has ordered a nutritional supplement developer, its CEO and its attorney to pay a combined $7,500 in sanctions after the court determined that the CEO had lied by claiming that he was the assignee of a patent he had in fact assigned to another company decades ago.

  • September 17, 2018

    Fed. Circ. Affirms Wilson Win On Football Helmet Chin Straps

    The Federal Circuit on Monday affirmed a Texas federal judge's dismissal of a portion of a suit alleging Wilson Sporting Goods Co. infringed a pair of patents on football helmet straps held by SportStar Athletics Inc.

  • September 17, 2018

    BuzzFeed Latest To Face Patent Suit By Cloud Company

    BuzzFeed Inc. has become the latest high-profile website to face an infringement suit over cloud storage patents from PersonalWeb Technologies LLC, a software developer that has filed dozens of similar suits against customers using Amazon's web services offerings.

  • September 17, 2018

    Cousteau Society Sues Explorer’s Granddaughter Over TM

    The Cousteau Society filed a suit in a New York federal court Friday accusing Jacques Cousteau’s granddaughter of using his name and signature red cap to promote her television program, in the latest battle over the pioneering undersea explorer’s legacy.

  • September 14, 2018

    HP Coerced Startup To Do Free Work In Malaysia, Jury Hears

    A startup suing Hewlett Packard for tens of millions of dollars told jurors Friday the tech giant used false promises to coerce it into providing extra software and services for a massive Malaysian banking-system project, while HP countered that the contractor improperly upped its work to get more money.

  • September 14, 2018

    Indefinite Claims May Be Tricky For IPR Challengers Post-SAS

    As the Patent Trial and Appeal Board adjusts to life after SAS Institute, plenty of eyes will be watching to see how the board handles patent claims it believes are indefinite in inter partes review, which could create some headaches for challengers.

  • September 14, 2018

    2nd Ex-GSK Scientist Pleads Guilty In Chinese IP Theft Case

    A former GlaxoSmithKline PLC scientist pled guilty in Pennsylvania federal court to charges that he conspired to steal information about a cancer drug the company was developing as he worked with two colleagues to launch his own pharmaceutical business in China, the U.S. Department of Justice announced Friday.

  • September 14, 2018

    Fandango Gets Maxell Online Rental Patents Axed Under Alice

    A California federal judge on Friday handed Fandango a win in its efforts to invalidate three Maxell patents related to allowing users to access movies and television shows for a set rental period, finding time-based restrictions to be an abstract idea under the U.S. Supreme Court’s Alice test.

  • September 14, 2018

    1st Circ. Affirms US Jurisdiction In American-German TM Row

    The First Circuit ruled that a federal long-arm statute can provide American plaintiffs with specific personal jurisdiction against foreign corporations without offending the companys' due process rights, allowing trademark infringement claims against a German corporation to continue in United States federal courts.

  • September 14, 2018

    'Ugg' Is Not Generic Trademark For Boots, Judge Says

    An Illinois federal judge ruled Thursday that “ugg” is not a generic word for a kind of sheepskin boot, meaning the U.S. owner of the popular Uggs brand can sue a rival for using the name.

  • September 14, 2018

    FTC Told Impax Can't Justify Opana Reverse Payment

    Federal Trade Commission attorneys looking to revive a pay-for-delay case over the opioid pain medication Opana ER told the commission that the central issue in the appeal is that generics maker Impax can't tie the payment it received from Endo Pharmaceuticals Inc. to its broader settlement agreement.

  • September 14, 2018

    Fed. Circ. Won't Rehear Blackbird Win In Lighting IP Row

    The Federal Circuit has refused a request for rehearing en banc over its decision to revive a suit brought by Blackbird Technologies, a Boston patent litigation company founded by former BigLaw partners, over a patent related to energy-efficient lighting.

  • September 14, 2018

    PTAB Agrees To Review VR Patent In Co.'s $45M HTC Fight

    The U.S. Patent Trial and Appeal Board on Thursday granted HTC Corp.’s request to review the validity of a patent covering virtual reality technology at the center of a $45 million infringement lawsuit in California, finding that HTC is likely to prevail on at least one of its challenges.

  • September 14, 2018

    FDA Focus: What Axinn's Practice Chair Is Watching

    Chad Landmon, head of the U.S. Food and Drug Administration practice at Axinn Veltrop & Harkrider LLP, tells Law360 he's been urging regulators to make drug exclusivity decisions more quickly, looking for clarity on biosimilar approval standards and preparing for the U.S. Supreme Court to curb judicial deference to the FDA. This is the latest in a series of interviews with FDA practice leaders.

  • September 14, 2018

    IP Hires: Nutter McClennen, FisherBroyles, Honigman

    In this week’s round of intellectual property attorney moves, Nutter McClennen nabbed a team of seven IP experts, while FisherBroyles reeled in three patent pros and Honigman added a pair of seasoned complex patent litigation lawyers. Here are the details on these and other notable IP hires.

  • September 14, 2018

    Brand Battles: Starbucks Aims To Stop 'Anti-Semitic' Term

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Starbucks asks the board to block a mark it says has been used to "express extreme anti-Semitic views," college football powerhouse Ole Miss defends its "Hotty Toddy" chant, and Disney's Lucasfilm gets specific in a case over "Lightsabers."

  • September 13, 2018

    AB InBev’s Beer Recipes Aren’t Trade Secrets, 9th Circ. Told

    An ex-Anheuser-Busch InBev NV employee-turned-lawyer urged the Ninth Circuit on Thursday to reverse an order denying his bid to toss the brewer’s trade secrets suit against him under California’s Anti-SLAPP statute, arguing that the beer maker publicly posted a document with its beer recipes so they can’t be protectable trade secrets.

  • September 13, 2018

    Riddell Loses Bid To Invalidate Rival's Football Helmet IP

    An Illinois federal judge Wednesday shot down an attempt by Riddell Inc. to have a design patent held by the maker of Schutt Sports football helmets declared invalid, saying Riddell had not backed its claim Schutt got the patent by deliberately withholding information.

  • September 13, 2018

    Fed. Circ. Backs PTAB's Mixed Ruling On ParkerVision Patent

    The Patent Trial and Appeal Board properly issued mixed decisions invalidating some claims from a ParkerVision Inc. wireless communications patent challenged by Qualcomm Inc., while preserving other claims, a Federal Circuit panel said in a precedential ruling Thursday.

Expert Analysis

  • Quantum Computing Raises Problems For The Patent System

    Matthew Fagan

    In the realm of patents, the advent of quantum computers will complicate the way we determine priority dates, evaluate infringement, establish enablement and decide when a solution is too abstract to be patentable, says Matthew Fagan of Kacvinsky Daisak Bluni PLLC.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Rebuttal

    Japan SEP Licensing Guide Also Aims To Prevent Abuse

    Jay Jurata

    In a recent Law360 guest article, David Kappos wrote that the Japan Patent Office's new licensing guide reflects a balanced approach to standard-essential patents. We agree. But some of the article's characterizations of the issues underlying SEP disputes are misguided, say Jay Jurata and Emily Luken of Orrick Herrington & Sutcliffe LLP.

  • Amgen Shows New Patents Can Affect Prior BPCIA Litigation

    Ashley Mays-Williams

    Amgen's third lawsuit against Apotext illustrates how biologic drug owners can use later-issued patents to extend biosimilar litigation after an initial Biologics Price Competition and Innovation Act action has concluded, say attorneys at Paul Hastings LLP.

  • Opinion

    EA Victory Over Ex-NFL Players Should Be Reversed

    Ronald Katz

    A California federal judge's recent decision to deny the retired NFL players' motion for class certification in the Electronic Arts right of publicity case not only misconstrues Ninth Circuit law, but also ignores the very nature of a "historic" team, says ​​​​​​​Ronald Katz of GCA Law Partners LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Patent Strategy Should Consider USPTO Examiner Incentives

    Eric Blatt

    Understanding how U.S. Patent and Trademark Office incentive policies influence examination decisions is critical to effective patent portfolio development. Examiners do not have unlimited resources, and that reality presents specific challenges and opportunities to applicants, says Eric Blatt of Rothwell Figg Ernst & Manbeck PC.

  • Standard-Setting Participation Can Affect Patent Enforceability

    Jim Burger

    The Federal Circuit's decision in Core Wireless v. Apple shows that failing to read the fine print on membership obligations to standards-setting bodies can lead to consequences for patents held by companies or acquired from other standards participants, say Jim Burger and Michael Parks of Thompson Coburn LLP.

  • Fed. Circ. Clarifies Enablement Requirement In LED Case

    Scott Bornstein

    Last month, the Federal Circuit issued a potentially far-reaching opinion on the application of enablement. The decision in Boston University v. Everlight provides guidance for patentees and patent litigants when initially filing their patent application and later during litigation, say Scott Bornstein and Jonathan Wise of Greenberg Traurig LLP.

  • The Value Of Testifying At Section 301 Tariff Hearings

    S. George Alfonso

    To afford U.S. companies a chance to seek relief from Section 301 tariffs against China, the Trump administration created a hearing process. Testifying at a Section 301 hearing may prove helpful for companies whose products become the target of new tariffs in the coming months, says S. George Alfonso of Braumiller Law Group PLLC.