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Intellectual Property

  • 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.

  • September 13, 2018

    PTAB Denies Hard Drive Part Patent Review Over Trial

    The Patent Trial and Appeal Board said Wednesday it would not review an Intri-Plex Technologies Inc. patent related to a component in hard drive disks, taking note of a looming infringement trial against the challenger, NHK Spring Co. Ltd.

  • September 13, 2018

    House Advances Bill To Extend USPTO Fee-Setting Authority

    The House Judiciary Committee on Thursday advanced a bill that would extend by eight years the ability of the U.S. Patent and Trademark Office to set fees for the intellectual property-related services it provides to inventors, companies and their legal representatives.

  • September 13, 2018

    AT&T Accuses Another Co. Of Prepaid Phone Resale Plot

    AT&T dialed up its battle against cellphone distributors that the telecom giant says buy inexpensive AT&T-branded phones then unlock the devices for use with other mobile carriers with a new suit in Florida federal court Wednesday.

  • September 13, 2018

    Fed. Circ. Backs PTAB, Says Inventor's Catalog Dooms Patent

    The Federal Circuit on Thursday upheld a Patent Trial and Appeal Board ruling that a Nobel Biocare dental implant patent is invalid based on a catalog from the inventor’s company, rejecting its argument that it wasn’t clear the catalog was publicly accessible.

  • September 13, 2018

    Allergan Looks To Keep CEO's Tribal Patent Docs Out Of MDL

    Documents from Allergan Inc.’s CEO and general counsel on a deal transferring patents to a Native American tribe are at best “marginally relevant” to multidistrict litigation accusing the company of illegally delaying a generic version of dry-eye medication Restasis, the drugmaker told a New York federal judge Wednesday.

  • September 13, 2018

    Proposed Offshore IP Tax Rules To Treat Affiliates As Group

    The U.S. Department of the Treasury on Thursday issued proposed guidance indicating how the federal tax overhaul's global minimum tax on intangible income held offshore by U.S. corporations will work, including clarifying that affiliated companies will be treated as a consolidated group, but put off addressing foreign tax credit computations.

  • September 13, 2018

    Frontier Escapes $210M Patent Suit By 'Serial Litigant'

    An Eastern District of Texas judge on Wednesday tossed a $210 million patent suit against Frontier Communications Corp. brought by "serial litigant" Blue Spike, after Frontier accused the patent holder of suing the wrong entity and making more than 140 pages of boilerplate accusations.

  • September 13, 2018

    Trump Not In A Hurry To Broker Trade Peace With China

    President Donald Trump said Thursday that he is not rushing to hold new trade talks with Beijing as he signaled a willingness to forge ahead with his aggressive enforcement push that threatens to hit every product imported from China with hefty tariffs.

  • September 12, 2018

    Two Lidoderm Class Action Deals Worth $271M Get Final OK

    A California federal judge on Wednesday approved “excellent” settlements ending claims that Teikoku, Endo and Actavis violated antitrust laws by stalling the release of a generic form of the Lidoderm pain patch, finalizing a $104.75 million deal with end payors and a $166 million deal with direct purchasers, including a combined $85.6 million in attorneys’ fees.

  • September 12, 2018

    Medline's Docs Not False, Judge Says In Catheter Design Row

    Medline Industries Inc. in its patent infringement suit against C.R. Bard Inc. dodged counterclaims that its attorneys acted inequitably during prosecution of the patents at issue after an Illinois federal judge ruled Tuesday that documents Bard called false were not, and the company didn’t prove Medline’s attorneys intended to defraud the U.S. Patent and Trademark Office.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

  • September 12, 2018

    Bausch Health, Actavis Strike Deal Over Generic Xifaxan

    Bausch Health has agreed to settle all litigation with Teva-owned Actavis over the antibiotic drug Xifaxan, with the generics maker agreeing to hold off until 2028 to release a knockoff version of the gastrointestinal medication, the drug owner announced Wednesday.

  • September 12, 2018

    Mass. Justices Put Insurers On Hook For Shoe Co.'s TM Fight

    Ruling on an issue of first impression under state law, Massachusetts’ high court held Wednesday that two insurers must cover Vibram USA Inc.’s defense of a suit accusing it of unlawfully obtaining a trademark for a shoe named after the late Olympic marathon champion Abebe Bikila, saying the underlying action alleged a potentially covered advertising injury.

  • September 12, 2018

    FisherBroyles Adds Cyber Risk Partner In Boston

    FisherBroyles LLP has added a former general counsel who has experience dealing with cybersecurity and privacy risks and working with a global supply chain company.

  • September 12, 2018

    Nutter McClennen Nabs 7 IP Pros From Sunstein Kann

    Nutter McClennen & Fish LLP has nabbed a team of seven intellectual property experts from Sunstein Kann Murphy & Timbers LLP, bolstering its depth in everything from patent prosecution to due diligence during corporate transactions.

  • September 12, 2018

    Insurer Hits Boeing With Trade Secrets Suit Over Guarantees

    Xavian Insurance Company hit Boeing and its subsidiary Boeing Capital Corp. with a trade secrets lawsuit in Illinois federal court on Tuesday, accusing them of copying plans for an insurance-backed guarantee on financing for the purchase of commercial aircraft and launching their own.

  • September 12, 2018

    Ericsson Says Suit Over SEP Royalties Must Be Arbitrated

    Ericsson Inc. told a Texas federal court Tuesday that claims by HTC America Inc. alleging overpayment for aging standard-essential patents are not legitimately antitrust and should be decided in arbitration rather than in court.

  • September 12, 2018

    Peloton Wants Flywheel's 'Copycat' Bike Shelved

    Peloton, which makes exercise bikes that run remote spin classes via built-in video, accused Flywheel Sports on Wednesday of infringing two patents behind its at-home workout “experience” by using information deceptively obtained from an investor to develop its own version. 

  • September 12, 2018

    Warner Bros. Drives Out Of Fight Over 'Batcycle' Profits

    An Arizona federal judge tossed a lawsuit Tuesday that claimed Warner Bros. Entertainment Inc. owes the “Batcycle” creators’ heir profits on merchandise featuring the bike, which was originally made for a 1960s “Batman” television show and movie.

Expert Analysis

  • 5 Game Changers In USPTO’s New Trial Guide

    Michael Fleming

    The new version of the U.S. Patent and Trademark Office's trial practice guide — the first major update since its publication in 2012 — is sure to have a significant, wide-reaching impact on strategies for parties and practitioners appearing before the Patent Trial and Appeal Board, say Michael Fleming and Kamran Vakili of Irell & Manella LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • FDA Biosimilars Plan Draws From Experience With Generics

    Maria Doukas

    The U.S. Food and Drug Administration recently unveiled its Biosimilars Action Plan, intended to help streamline the development of biosimilars and promote competition across the market. This is similar to the FDA's 2017 plan focused on generic drugs, but key differences may help the BAP fare better at achieving its objectives, say attorneys at Morgan Lewis & Bockius LLP.

  • Opinion

    Fixing Rule 41: A Balanced Approach To Voluntary Dismissal

    Adam Gershenson

    As written and often applied, Federal Rule of Civil Procedure 41 — governing voluntary dismissal — allows claimants to aggressively pursue baseless claims, essentially risk-free. A simple change would recalibrate the rule to allocate risk more rationally, properly align incentives and better protect parties responding to meritless suits, say attorneys at Cooley LLP.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • How FIRRMA Will Change National Security Reviews: Part 2

    Jeff Bialos

    The newly enacted Foreign Investment Risk Review Modernization Act significantly expands the authority of the U.S. government to review and restrict foreign investments on national security grounds. But FIRRMA also has provisions that may exempt some transactions from review, and accelerate review of others, say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • How Courts Approach Trade Secret Identification: Part 2

    Mark Klapow

    Early trade secret identification is a thorny issue on which courts and commentators have not reached consensus. Attorneys at Crowell & Moring LLP propose a model trade secret identification process that serves the interests of both sides in a dispute.

  • Rebuttal

    A Decade Of US Patent Reform Has Gone Too Far

    Boyd Lemna

    In a recent Law360 guest article, John Thorne of the High Tech Inventors Alliance argued that enactment of the Restoring America's Leadership in Innovation Act would threaten positive changes in patent quality and American innovation. However, many of those same changes have had a serious negative impact on the patent system and the innovation economy, says Boyd Lemna of Personalized Media Communications LLC.