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Intellectual Property

  • September 10, 2018

    Medical Device Maker Wins $645M In Rival Theft Case

    An Ohio federal judge on Monday awarded medical device maker KCI USA $645 million in trebled damages against Healthcare Essentials Inc. and its founders for stealing and rebranding the other company's products, saying their "flagrant discovery abuses" during the case obscured the actual amount of money KCI is owed.

  • September 10, 2018

    Fed. Circ. Backs Decision Axing 4 Acorda MS Drug Patents

    A split Federal Circuit panel on Monday upheld a judge’s decision that four patents on Acorda Therapeutics Inc.’s multiple sclerosis drug Ampyra are invalid as obvious, clearing the way for competing generic versions and putting the drug’s over $500 million in annual sales in jeopardy.

  • September 10, 2018

    Can BigLaw Avoid Another Associate Purge?

    The legal industry has shown some caution in rebuilding its pool of associates after the dramatic layoffs of thousands during the last recession. But have firms done enough to survive the next?

  • September 10, 2018

    Lithium-Ion Power Developer Says Rival Breached NDA

    A company that helps computer centers stay online with uninterrupted power has filed suit in Illinois federal court against a former collaborator and now rival, accusing it of causing around $100 million in damages by improperly using and sharing its trade secrets."

  • September 10, 2018

    PTAB Hot Spot Win For Apple, Samsung OK'd By Fed. Circ.

    Samsung and Apple prevailed Monday at the Federal Circuit with their arguments that the U.S. Patent Trial and Appeal Board correctly determined that the asserted claims of a patent covering wireless hot spot technology were obvious.

  • September 10, 2018

    Auto Parts Maker Can't Nix Trademark Over Atty Error

    A Missouri federal court on Monday refused to cancel auto parts company O’Reilly Automotive Stores Inc.’s trademark over an inadvertent filing by the company’s attorney at the U.S. Patent and Trademark Office, finding that the error was not enough to constitute fraud.

  • September 10, 2018

    Severson & Werson Adds 3 Partners To Trial Practice

    Severson & Werson has expanded its trial practice, bringing three new partners versed in a variety of court cases to its San Francisco office from Archer Norris PLC.

  • September 10, 2018

    Fed. Circ. Upholds Amazon's Alice Win In EveryMD Patent Suit

    The Federal Circuit on Monday ruled an EveryMd.com LLC patent covering online communications was invalid under the U.S. Supreme Court’s Alice test, upholding a lower court ruling in favor of Amazon.com Inc.

  • September 10, 2018

    Fed. Circ. Backs Harvard, MIT Over UC In CRISPR Patent War

    The Federal Circuit on Monday rejected the University of California’s bid for broad control over patents on the breakthrough gene-editing system CRISPR, holding that a research institute associated with Harvard and MIT is entitled to some patents on the technology.

  • September 10, 2018

    ITC To Probe Licensing Co.'s IP Allegations Against Emerson

    The U.S. International Trade Commission plans to investigate whether certain Emerson Electric wireless mesh networking products infringe the asserted claims of four patents related to the technology that are held by a patent licensing company, the agency announced on Monday.

  • September 10, 2018

    Attys Win $2.5M Of $9.4M Spectrum Investor Suit Deal

    A New Jersey federal judge on Friday awarded $2.5 million in attorneys' fees as part of a $9.45 million settlement between Straight Path Communications and shareholders who accused the telecommunications asset holder of improperly acquiring and overstating the value of spectrum licenses.

  • September 10, 2018

    Fed. Circ. Refuses 'Detroit Athletic Co.' Trademark

    The Federal Circuit ruled Monday that a sports gear store called Detroit Athletic Co. could not register its name as a trademark, owing to an earlier mark owned by a century-old Detroit social club.

  • September 10, 2018

    Fed. Circ. Revives Orexo's Opioid Addiction Treatment Patent

    The Federal Circuit ruled Monday that generic-drug maker Actavis Elizabeth LLC had not shown part of an Orexo AB patent covering the opioid addiction treatment Zubsolv was invalid, overturning a ruling from a bench trial in Delaware federal court.

  • September 10, 2018

    Imprimis Sanctioned Again For Flouting Discovery Order

    A California federal judge has sanctioned Imprimis Pharmaceuticals Inc. for the second time after it violated a discovery order in a closely watched false advertising suit brought by Allergan USA Inc., ordering the drug compounder to provide the withheld documents and pay attorneys' fees.

  • September 10, 2018

    FisherBroyles Adds 3 Patent Pros To IP Practice

    FisherBroyles LLP has bolstered its growing intellectual property team with the addition of three partners with extensive experience in patent law, the firm announced.

  • September 7, 2018

    Measuring The Recession’s Toll On The Legal Industry

    For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.

  • September 7, 2018

    Too Small To Fail?

    It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.

  • September 7, 2018

    Samsung, LG, Others Beat Antitrust Suit Over TV Patents

    A New York federal judge Friday dismissed Haier's antitrust suit claiming that Samsung Electronics Co., LG Electronics Inc., Panasonic Corp. and Columbia University use patents that are federally required for the production of televisions to control the market.

  • September 7, 2018

    Biogen Gets Win In Drug IP Fight As Judge Overrides Jury

    A New Jersey federal judge on Friday overrode a jury's verdict and instead found that EMD Serono Inc. and Pfizer Inc. infringed Biogen MA Inc.'s valid patent for the multiple sclerosis treatment Avonex.

  • September 7, 2018

    9th Circ. Reverses Arbitration Order Against Emirati Bank

    The Ninth Circuit on Friday reversed an order compelling an Emirati bank to arbitrate a contract dispute with a U.S. financial technology company in California instead of Dubai, saying a lower court judge wrongly concluded that the bank had waived its right to argue that the court lacked jurisdiction.

Expert Analysis

  • A Shift In Florida Law Firms' IP Services

    Alex Fernandez

    In the early 2000s, general practice firms in Florida rushed to establish their own intellectual property practice groups. Many of those attempts faltered. Now, Florida firms are forming relationships with large IP boutiques — bringing benefits to the firm, the boutique and the client, says Alex Fernandez of Brinks Gilson & Lione.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • On-Sale Bar Questions Leading Up To Helsinn At High Court

    Michael Bunis

    Next term, the U.S. Supreme Court will tackle the issue of whether the America Invents Act intended to overrule decades of precedent and change the standard for the on-sale bar in Helsinn. But some guidance on how to avoid the “commercial” nature requirement of the on-sale bar altogether may already be found in Federal Circuit precedent, say attorneys with Choate Hall & Stewart LLP.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • What District Courts Are Saying About Admissibility Of IPR

    David Cavanaugh

    Given the frequency with which inter partes reviews are utilized in tandem with district court litigation to resolve patent disputes, the question that practitioners are starting to face with some regularity is whether, and to what extent, IPR decisions are admissible in district court litigation, say attorneys with WilmerHale.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Overcoming Subject Matter Rejections: The Berkheimer Shift

    Karam Saab

    An analysis of Patent Trial and Appeal Board decisions from before and after the Federal Circuit's February 2018 Berkheimer decision suggests that the PTAB is using Berkheimer as a basis for overturning Section 101 subject matter eligibility rejections, says Karam Saab of Kilpatrick Townsend Stockton LLP.

  • Opinion

    Time To Remove Patent Barriers To US Drug Manufacturing

    Frederick Rein

    To be on a level playing field with the rest of the world, the United States should consider amending its patent laws to permit both the export and stockpiling of pharmaceuticals during the patent term extension period, say attorneys with Goodwin Procter LLP.

  • More Transfer Pricing Disputes And Other Altera Aftermath

    Kristin Garry

    The recent Ninth Circuit opinion in Altera Corp. v. Commissioner of Internal Revenue reaffirms the increasing significance of general administrative law principles in tax cases and marks a substantial departure from the arm’s-length standard for U.S. transfer pricing analysis for the past 80 years, say attorneys at Shearman & Sterling LLP.

  • The Pros And Cons Of Licensing Technology

    Toni Hickey

    Statistics show that licensing activity is at an all-time high. Still, companies should carefully consider whether and how to license technology, as licensing arrangements can present a conundrum for both intellectual property owners and licensees, say Toni Hickey of Cummins Inc. and William Barrow and Charles Harris of Mayer Brown LLP.