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Intellectual Property

  • December 5, 2018

    Robert Shapiro Faces Deposition Over LegalZoom Claims

    Courtroom star Robert Shapiro will have to answer deposition questions about ads in which he claimed to have “created” LegalZoom.com, a San Francisco arbiter said Tuesday.

  • December 5, 2018

    US Trustee Faults Fee Info In Sears' Request For IP Law Firm

    The U.S. Trustee’s Office has asked a New York bankruptcy court to reject Sears Holding Corp.'s request to retain boutique law firm McAndrews Held & Malloy Ltd. to handle intellectual property matters unless it gets more information on what the firm will be paid.

  • December 5, 2018

    Nike 'Jumpman' Copyright Case Taken To Supreme Court

    A photographer is pushing the U.S. Supreme Court to revive a copyright lawsuit that claimed Nike infringed his image of Michael Jordan to create the iconic “Jumpman” logo, arguing a ruling that ended his case treated photography as “a second-class art.”

  • December 5, 2018

    2nd Circ. Backs Cowan Liebowitz In Ticket Inventor Appeal

    An inventor-attorney “unequivocally” started the clock on filing a malpractice suit against Cowan Liebowitz & Latman PC when she accused the firm of misusing her ideas for a "premium" concert event ticket and threatened legal action 16 years ago, a Second Circuit panel said Tuesday.

  • December 5, 2018

    FTC, Qualcomm Fight Over Evidence Ahead Of Antitrust Trial

    The Federal Trade Commission and Qualcomm have filed dueling motions urging a California federal judge not to allow the other to keep evidence out of an upcoming trial in the agency’s suit accusing the chipmaker of anti-competitive licensing practices.

  • December 5, 2018

    PTAB Precedent Panel To Mull Issue Joinder In Its First Case

    A recently created panel that will set precedent for the U.S. Patent Trial and Appeal Board has taken its first case, agreeing to tackle questions about the practice of issue joinders in a review of a patent challenge involving fracking technology.

  • December 5, 2018

    Kirkland Taps Allen & Overy Atty To Lead New IP Group In UK

    The former global head of intellectual property at Allen & Overy LLP has been tapped to head the new intellectual property litigation team at Kirkland & Ellis LLP’s London office, Kirkland said.

  • December 5, 2018

    PTAB Cuts Some Huawei Patent Claims In Samsung Fight

    The Patent Trial and Appeal Board has handed a partial win to Samsung in a dispute over three Huawei cellular network patents, chucking all of the challenged claims in one of the Chinese phone maker’s patents and knocking off several claims in the other two.

  • December 5, 2018

    China Breaks Silence, Intends To Move Fast On Trade Talks

    The Chinese government on Wednesday broke its relative silence regarding the handshake agreement between President Donald Trump and President Xi Jinping last week, vowing to quickly make policy changes in areas in which it reaches consensus with U.S. negotiators.

  • December 5, 2018

    Data-Driven Lawyer: Kilpatrick Townsend's Kate Gaudry

    Kilpatrick Townsend’s Kate Gaudry has used data analytics to supercharge her patent prosecution practice, uncover winning strategies for portfolio management and expose a secretive U.S. Patent and Trademark Office program, earning her a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    Body Glove's Tactics Didn't Hurt Asia Licensee, Jury Says

    Body Glove and its private equity owner, Marquee Brands LLC, didn’t harm the Asia licensee of the watersports company despite engaging in hardball business tactics during a dispute over licensing rights in the world’s most populous region, a California federal jury has determined.

  • December 4, 2018

    Tax Court Judge Presses IRS On Mylan Legal Fee Deduction

    A U.S. Tax Court judge on Tuesday questioned the Internal Revenue Service's reasoning for denying Mylan Inc. a $50 million legal fee deduction, challenging the agency’s argument that the deduction could not be taken for litigation related to the generic drug approval process.

  • December 4, 2018

    FTC Supports FDA’s Plan To Curb Sham Petitioning

    The Federal Trade Commission said Tuesday that it supports the Food and Drug Administration’s plan to prevent drug companies from strategically objecting to generic approvals with the aim of delaying competition, saying the commission was ready to help curb abuse.

  • December 4, 2018

    J&J Tells Fed. Circ. Judge Was Wrong To Nix Zytiga Patent

    A district court judge was wrong to invalidate a patent for a Johnson & Johnson unit’s blockbuster cancer drug Zytiga, the company told the Federal Circuit, arguing that the lower court had ignored an America Invents Act provision in finding the patent was obvious.

  • December 4, 2018

    Pain Doc’s ‘Fame’ Questioned In TM Suit Over Same Name

    A doctor accused of running a pill mill told an Illinois federal court Monday that a same-named pain doctor isn’t “famous” enough to maintain claims for unfair competition alleging his business suffered due to confusion after the indictment.

  • December 4, 2018

    Fed. Circ. Questions How Aventis Cancer Drug Is Inventive

    A Federal Circuit panel on Tuesday repeatedly pushed back on claims by Aventis Pharma S.A. that its prostate cancer drug should be patentable because the drug is inventive, questioning how a drug that increased someone’s life was not obvious.

  • December 4, 2018

    Rival Says Peloton's Patent Infringement Claim Misses Mark

    A studio cycling company has urged a Texas federal court to toss Peloton Interactive Inc.'s patent infringement suit, saying Peloton is trying to transform the online competitive cycling market into its own patent-eligible invention.

  • December 4, 2018

    PTAB Says Not Every RPX Member An Interested Party

    The Patent Trial and Appeal Board has agreed to review defensive patent group RPX Corp.'s challenge to a patent covering mobile website technology, rejecting arguments that the petition should be denied because Google — an RPX member that was previously sued for infringement — wasn't named an interested party in the case.

  • December 4, 2018

    USPTO Defends Patent Prosecution Retakes To Fed. Circ.

    The U.S. Patent and Trademark Office asked the full Federal Circuit on Monday to reject prolific inventor Gilbert Hyatt’s request for review of the agency’s ability to reopen patent prosecution rather than hearing an appeal, saying the practice is consistent with the Patent Act.

  • December 4, 2018

    Fed. Circ. Won't Revive U. Of Ill. Contract Row With Micron

    The Federal Circuit on Tuesday refused to revive the University of Illinois' breach of contract claim stemming from a lengthy dispute with Micron Technology Inc. over semiconductor patents, and also nixed Micron's bid to recover its attorneys' fees.

Expert Analysis

  • Canada Considering Patent Prosecution History Estoppel

    David-Kei Codère Maruyama

    Currently Canadian courts do not look at patent prosecution history when construing claims. But a proposed bill being debated in the Parliament would closely align claim construction in Canada with practices in the U.S., say attorneys with BCF LLP.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • A Look At Tax Code Section 199's Last Stand

    Kevin Spencer

    The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.

  • New Claim Construction At PTAB: Lessons From ITC Cases

    Sasha Rao

    How will federal courts respond to the Patent Trial and Appeal Board’s shift to the Phillips standard for claim construction? Inferences may be reasonably drawn from their treatment of claim construction by the U.S. International Trade Commission, says Sasha Rao of Oblon McClelland Maier & Neustadt LLP.

  • Deciding The Fate Of Trademark Licenses In Bankruptcy

    Woods Drinkwater

    If the U.S. Supreme Court finds in Mission Product Holdings v. Tempnology that a trademark licensing agreement is fully extinguished upon rejection in bankruptcy, it may cut off a source of revenue for debtor-licensors and risk the livelihood of licensees, say Woods Drinkwater and John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • What We Heard At The FTC Hearings: Days 6 And 7

    Eric Weiss

    The fourth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed innovation and intellectual property. Eric Weiss and Nick Hesterberg of Perkins Coie LLP offer some key takeaways.

  • How To Return To One Patent, One Invention: Part 2

    Michelle Clark

    Continuation practice can be abused by patentees to manipulate the infringement damages analysis in their favor. Courts can start to unstack the deck by adopting a bright-line rule for the hypothetical negotiation date, say attorneys from Quinn Emanuel Urquhart & Sullivan LLP.

  • 10 Lessons On Blockchain And Open-Source Licenses

    James Gatto

    On their own, blockchain technology, open-source software and patents each present complex legal issues, but when combined, the complexity and misunderstandings of these three topics are magnified, says James Gatto of Sheppard Mullin Richter & Hampton LLP.

  • How To Return To One Patent, One Invention: Part 1

    Michael Powell

    More than 100 years ago, the U.S. Supreme Court set forth, as a fundamental rule of U.S. patent law, that a patentee is entitled to only one patent per invention. However, now the practice of “continuation” applications permits an inventor to receive numerous issued patents ostensibly for the same invention, say attorneys from Quinn Emanuel Urquhart & Sullivan LLP.

  • New EU Patent Guidelines May Affect Companies' AI Strategy

    Jennifer Maisel

    As compared to the European Patent Office’s guidelines for artificial intelligence and machine learning — which take effect on Thursday — the U.S. eligibility framework may prove to be more favorable to innovators, say Jennifer Maisel and Eric Blatt of Rothwell Figg Ernst & Manbeck PC​​​​​​​.