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Intellectual Property

  • July 6, 2018

    Patent Cases To Watch In The 2nd Half Of 2018

    From the impact of the America Invents Act on the scope of the on-sale bar to sovereign immunity at the Patent Trial and Appeal Board, courts have a number of important issues to consider as we move into the second half of 2018. Here’s a look at some of the issues — and cases that implicate them — that will be worth watching over the next six months.

  • July 6, 2018

    Trump's China Tariffs Take Hold As Biz Groups Sound Alarm

    The Trump administration on Friday imposed tariffs on $34 billion worth of Chinese imports covering technology, medical devices and industrial goods, marking the most aggressive move yet in the White House’s trade imbroglio with Beijing and stoking fear within the U.S. business community.

  • July 5, 2018

    Genentech Sues Eli Lilly For Violating Just-Issued Drug Patent

    Genentech has sued Eli Lilly for infringing the asserted claims of a just-issued patent through sales of Taltz, a psoriasis drug that has been on the market since 2016, according to a complaint filed in the Southern District of California.

  • July 5, 2018

    LeClairRyan Hires Former Greenberg Traurig IP Atty In LA

    LeClairRyan has brought on board in Los Angeles a former intellectual property attorney who previously worked for Greenberg Traurig LLP, the firm recently announced.

  • July 5, 2018

    Pittsburgh Pushes Court To Keep Amazon HQ2 Bid Secret

    Allegheny County, Pennsylvania, and the city of Pittsburgh fought to keep their bid for Amazon’s second headquarters secret Thursday, claiming that the 300-page proposal to woo the internet giant contains trade secrets and proprietary information that would harm the region’s chances of landing a major investment if it were made public.

  • July 5, 2018

    Macy's, Others Say Data-Storage IP Suit Based On ‘Fable’

    Macy's Inc., OfficeMax Inc. and other online retailers urged a California magistrate judge on Tuesday to put an end to SpeedTrack Inc.’s suit alleging they’re infringing its patented method of accessing stored data online, arguing that the allegations are a “fable" unsupported by facts and should be stricken for good.

  • July 5, 2018

    Quicken Loans Wants Tech Trade Secrets Suit Tossed

    Mortgage lender Quicken Loans Inc. and its affiliates asked a Texas federal court Thursday to dismiss a suit that alleges they stole technology from a property appraisal startup, arguing their accuser has filed different incarnations of the case against others elsewhere and is shamelessly venue-shopping.

  • July 5, 2018

    Susman Says Beating Beats Was All About 3rd-Party Status

    Susman Godfrey attorneys who spearheaded a $25 million royalties win over Beats Electronics LLC celebrity co-founders Dr. Dre and Jimmy Iovine last week say the case’s key challenge was convincing jurors that their client was an intended third-party beneficiary of a royalty agreement without his name on it.

  • July 5, 2018

    Card-Shuffler Co. Slams Instruction Ahead Of Antitrust Trial

    Scientific Games Inc. told an Illinois federal judge on Thursday that its rival Shuffle Tech International LLC is proposing an unnecessary and “unduly prejudicial” instruction ahead of their trial this month over Shuffle Tech’s claim the gaming technology company unlawfully cornered the electronic card-shuffler market.

  • July 5, 2018

    IP Groups Back Proposed PTAB Claim Construction Switch

    Several major intellectual property groups this week lent their support to the U.S. Patent and Trademark Office’s proposal to change the claim construction standard for America Invents Act reviews, saying it will make outcomes more predictable and boost confidence in the system.

  • July 5, 2018

    EU Lawmakers Reject Controversial Copyright Proposal

    The European Union on Thursday voted against a copyright bill that would have made tech companies such as Google and Facebook pay a “link tax” on copyrightable material on their websites, sending the bill back to lawmakers for retooling.

  • July 5, 2018

    Color Spot Licensor Balks At Potential Sale Of TM Agreement

    A California nursery objected Thursday in Delaware to the potential Chapter 11 sale of assets by bankrupt plant grower Color Spot Holdings Inc., saying the debtor is seeking to transfer a licensing agreement that allows it to use the nursery’s trademarks for wholesale operations.

  • July 5, 2018

    Del. Chancery Court's 2 New Seats Likely To Be Filled Soon

    A planned expansion of Delaware’s current five-member Court of Chancery gathered steam Thursday, one week after enactment of a state budget that added two new vice chancellor seats to the nationally prominent, 226-year-old equity court that routinely handles multibillion-dollar disputes.

  • July 5, 2018

    SK Hynix Gets PTAB To Nix Netlist Memory Patent Claims

    The Patent Trial and Appeal Board ruled Thursday that SK Hynix Inc. had shown that claims of three Netlist Inc. memory module patents are invalid in inter partes reviews, and also terminated review of some claims that were previously found invalid in a separate case.

  • July 5, 2018

    Oracle Fights HP's Sanctions Bid In Software IP Row

    Oracle America Inc. urged a California federal judge on Tuesday to reject HP's bid to sanction the company over allegations that Oracle co-CEO Mark Hurd intentionally deleted hundreds of documents relevant to a copyright suit against the tech giant.

  • July 5, 2018

    MSN, Sandoz Settle Sunovion's IP Suit Over Latuda Generics

    A New Jersey federal judge Thursday dismissed Sunovion Pharmaceuticals Inc.’s patent infringement suit against MSN Laboratories and Sandoz Inc. over its bipolar medication Latuda after the parties reached a deal and MSN agreed to delay its generic version of the drug until Sunovion's patent expires.

  • July 5, 2018

    China Not Backing Down As Trump Readies $34B Tariff Hit

    The Chinese government said Thursday it has no plans to abandon its controversial intellectual property and technology acquisition rules, even as the Trump administration prepared to move forward with tariffs covering $34 billion of Beijing’s exports on Friday.

  • July 5, 2018

    The Top Patent Cases Of 2018: Midyear Report

    The Federal Circuit imposed new hurdles to invalidating patents for claiming ineligible subject matter, cleared the way for more appeals of Patent Trial and Appeal Board decisions and set out several new guidelines for determining the proper venue for patent cases. Here's a look at the most significant patent decisions so far this year.

  • July 5, 2018

    Sony Looks To Boot Suit Over Beatles Documentary

    Sony has urged a New York federal court to squelch claims brought by filmmaker Ace Arts LLC that its documentary on The Beatles does not infringe any copyrights under fair use law, arguing that Ace Arts does not have standing to make those arguments.

  • July 4, 2018

    Law360 Reveals The Global 20 Firms Of 2018

    What makes a law firm truly global? What does it take to handle the biggest and most complex cross-border matters? These firms know. Here, Law360 reveals its eighth annual ranking of the firms with the most international clout.

Expert Analysis

  • The Latest PTAB Guidance On Motions To Amend

    James Stein

    In dealing with the fallout from the U.S. Supreme Court's SAS Institute decision, some may have overlooked a recent order in Western Digital providing the Patent Trial and Appeal Board’s most up-to-date guidance on motions to amend, say James Stein and David Reese of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • Check Yourself: Burberry And Target Square Off Over IP

    Eric Chadwick

    Burberry's lawsuit against Target alleging misappropriation of its check pattern trademarks will raise significant issues, including secondary meaning and the aesthetic functionality doctrine, say Eric Chadwick and Kyle Peterson of Patterson Thuente Pedersen​​​​​​​ PA.

  • An Update On CFIUS Reform

    Judith Alison Lee

    After six months of wrangling over the fate of a proposal to modernize the Committee on Foreign Investment in the United States, the U.S. Congress appears primed to streamline the CFIUS review process. As it currently stands, the proposed legislation would alter the process in many critical respects, say attorneys with Gibson Dunn & Crutcher LLP. 

  • How New Testimonial Evidence Affects IPR Institution

    Rubén Muñoz

    To assess the prevalence and value of new testimonial evidence in support of a preliminary response to an inter partes review petition, attorneys at Akin Gump Strauss Hauer & Feld LLP analyzed more than 300 IPR proceedings involving patents in the biotechnology and chemical arts.

  • Fed. Circ. Weighs In On Obviousness-Type Double Patenting

    Chad Peterman

    In UCB v. Accord, the Federal Circuit affirmed that claims covering a pharmaceutical compound were not invalid for obviousness-type double patenting. This case provides guidance on the obviousness and obviousness-type double patenting analyses in chemical compound cases, say attorneys at Paul Hastings LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • Criminal Trade Secret Prosecutions Under Trump So Far

    Barak Cohen

    Although the U.S. Department of Justice kept pace with the Obama administration’s annual Economic Espionage Act prosecution rates during the first 12 months of the Trump administration, there is reason to suspect that the foreseeable future may reflect a less vigorous approach, say attorneys with Perkins Coie LLP.