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Intellectual Property

  • November 21, 2018

    Motorola, Hytera Get Mixed ITC Ruling In Radio Patent Fight

    The U.S. International Trade Commission has shielded Hytera Communications Corp. Ltd.'s line of redesigned two-way radio systems from import restrictions, but maintained a trade block on the original design of those products for ripping off Chicago-based Motorola Solutions Inc.'s intellectual property.

  • November 21, 2018

    Consumer Groups Push 1st Circ. To Redo Asacol Class Cert.

    Law professors and two consumer interest groups urged the First Circuit on Tuesday to reconsider a decision last month decertifying a class of buyers who allegedly overpaid for the ulcerative colitis drug Asacol, arguing that class actions can't be disqualified just because some class members never suffered an injury.

  • November 21, 2018

    Satanic Temple Settles With WB, Netflix Over 'Sabrina'

    Netflix and Warner Bros. have reached a settlement to end a copyright lawsuit filed by a group called the Satanic Temple over the appearance of "an androgynous goat-headed deity" in the new show "The Chilling Adventures of Sabrina."

  • November 21, 2018

    Brand Battles: American Whiskey, Barbie, Russell Westbrook

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Sazerac fights an effort to “monopolize” a simple whiskey name, Mattel cites a little-known Sotomayor opinion to protect Barbie, and NBA superstar Russell Westbrook shoots for a registration for his charitable foundation.

  • November 21, 2018

    Sanofi Tells Justices To Pass On Appeal Over Repatha IP

    Sanofi-Aventis has urged the U.S. Supreme Court not to hear an appeal by Amgen Inc. of a Federal Circuit decision that revived a challenge to Amgen’s patents for its cholesterol drug Repatha, arguing that Amgen hasn’t at any point before contested the appellate court’s written description requirement.

  • November 21, 2018

    Exercise Device Co. Owes $11.9M For Infringed Patent

    A California federal judge has doubled to $11.88 million the patent-infringement verdict against Woss Enterprises in connection with an exercise device, saying Tuesday the company’s “copying was deliberate" and also warranted a permanent injunction.

  • November 21, 2018

    Qualcomm Gets Claims Trimmed In Patent Row With Apple

    Qualcomm has convinced a California federal judge to trim certain patent-related claims by Apple in the pair’s ongoing legal brawl, with the judge finding that Apple failed to show that the court still has jurisdiction over the claims in light of the chipmaker’s recent covenant not to sue over the patents at issue.

  • November 20, 2018

    Dr. Reddy’s, Mylan Win Challenge To Arthritis Drug Patents

    A New Jersey federal judge on Monday invalidated patents covering Horizon Pharma Inc.’s arthritis drug Vimovo in its suit against Dr. Reddy’s Laboratories Inc. and Mylan Pharmaceuticals Inc. over their plans to manufacture and market generic versions, finding a claim term in the patents to be indefinite.

  • November 20, 2018

    USTR Slams Chinese IP Policies Ahead Of Trump-Xi Meeting

    Just days before President Donald Trump is slated to sit down with Chinese President Xi Jinping to discuss ongoing tariffs, U.S. Trade Representative Robert Lighthizer said Beijing has not taken any steps to end policies that purportedly abuse U.S. intellectual property and support the illegal gathering of technology.

  • November 20, 2018

    Fed. Circ. Says Analysis Lacking In Nix Of Quillivant IP

    The Federal Circuit ruled Tuesday that a Delaware federal court failed to adequately explain why it invalidated patent claims covering Tris Pharma Inc.’s ADHD treatment Quillivant XR, breathing new life into the drugmaker’s infringement lawsuit against a unit of Teva Pharmaceuticals.

  • November 20, 2018

    Strasburger & Price Win Over $161M Malpractice Suit Affirmed

    A Texas appeals court on Monday declined to revive a $161 million malpractice suit against Strasburger & Price LLP and another firm, saying the firm hadn't established an attorney-client relationship when the statute of limitations ran out in the underlying suit it allegedly bungled, and that the firm likely could not have prevented that suit's failure.

  • November 20, 2018

    Fed. Circ. Lifts Block On Dr. Reddy's Suboxone Generic

    The Federal Circuit on Tuesday vacated an injunction that blocked Dr. Reddy's Laboratories SA from launching a generic version of Indivior PLC’s opioid addiction treatment Suboxone Film, finding Indivior wasn’t likely to prove patent infringement.

  • November 20, 2018

    CVS Fights Bid To Block It From Contacting 340B Customers

    CVS Pharmacy Inc. urged a Florida federal court Monday not to issue an injunction requested by an administrator for the federal 340B Drug Pricing Program that would stop the pharmacy giant from allegedly misappropriating trade secrets to steal customers.

  • November 20, 2018

    Metaswitch Says Rival Telecom Co. Tried To Kill Competition

    Metaswitch Networks Ltd., a telecommunications company, filed an antitrust complaint in New York federal court Tuesday alleging that another telecom intended to eliminate competition among companies that transform landline phone networks through serial acquisitions and exclusionary tactics.

  • November 20, 2018

    Fed. Circ. Gives Google, LG New Life In Location Patent Row

    The Federal Circuit told the Patent Trial and Appeal Board to reconsider a decision upholding a location mapping patent challenged by Google and LG Electronics, finding Monday that the board had diverged from its institution decision and in its final decision conflated the tech companies’ arguments.

  • November 20, 2018

    Architects Scoff At Claim Five Guys Got OK To Share Designs

    Architecture firm Soos & Associates Inc. asked an Illinois federal court Monday to dismiss Five Guys' counterclaims in the firm's copyright infringement suit against the burger chain, saying its former client can’t plausibly argue the two agreed Five Guys could share Soos’ restaurant design plans with a competing architecture firm.

  • November 20, 2018

    Fed. Circ. Says 'Well Living Lab' TM Is Merely Descriptive

    The Federal Circuit ruled Monday that a research project launched by the Mayo Clinic called Well Living Lab couldn’t register its name as a trademark, saying the name was too descriptive of the lab’s focus.

  • November 20, 2018

    Fed. Circ. Won’t Revisit Whether Catalog Dooms Dental Patent

    The Federal Circuit on Monday declined to revisit a panel decision upholding the Patent Trial and Board’s invalidation of a Nobel Biocare dental implant patent, which was predated by a catalog from the inventor’s company that the board found was publicly accessible.

  • November 20, 2018

    Saul Ewing Adds IP, Life Sciences Partners In Boston

    Saul Ewing Arnstein & Lehr LLP announced it has hired intellectual property and life sciences patent attorneys — both hailing from Hamilton Brook Smith & Reynolds PC — with more than 50 years of combined experience to join the firm’s Boston office.

  • November 20, 2018

    IP Group Tells High Court To Rein In Copyright Cost Awards

    A prominent group of intellectual property attorneys urged the U.S. Supreme Court on Monday to bar trial judges from awarding so-called nontaxable costs to winning copyright litigants, saying it undermines incentives for copyright registration.

Expert Analysis

  • Avoid Overlap In Trade Secret And Misappropriation Claims

    Mareesa Frederick

    As highlighted in the Federal Circuit's recent decision in Texas Advanced v. Renesas, plaintiffs hoping to assert trade secret misappropriation and patent infringement claims in the same lawsuit must craft damage theories carefully to avoid running afoul of the prohibition against double recovery, say attorneys at Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • A Canadian Perspective On The 'New NAFTA'

    Matthew Kronby

    Last week, Canada reached agreement with the United States and Mexico on what is essentially a revised North American Free Trade Agreement. The new U.S.-Mexico-Canada Agreement alters some provisions of NAFTA, maintains others and borrows a few ideas from the Trans-Pacific Partnership, say attorneys with Borden Ladner Gervais LLP.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.

  • Opinion

    USPTO Should Fix Costly And Biased Design Patent Bar Rules

    Christopher Buccafusco

    The U.S. Patent and Trademark Office eligibility rules for design patent prosecutors are irrational, costly and biased against women’s access to a valuable part of the legal profession. A number of different approaches are available to solve the problem, say Christopher Buccafusco and Jeanne Curtis of the Cardozo School of Law at Yeshiva University.

  • The Where, When And What Of DTSA Appeals: Part 2

    Gregory Lantier

    To predict the kinds of questions early Defend Trade Secrets Act appellate decisions may resolve, Gregory Lantier and Thomas Sprankling of WilmerHale consider how courts have interpreted other intellectual property statutes.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Opinion

    Video Games Are Cheated Out Of 1st Amendment Rights

    Michael Garfinkel

    ​As the recent Olivia de Havilland v. FX decision confirmed, expressive artistic works like the "Feud" miniseries are entitled to broad First Amendment protection. But what if "Feud" were a video game in which players controlled the battles between Bette Davis and Joan Crawford?​ In right of publicity case law, video games are treated as second-class citizens, says Michael Garfinkel of DLA Piper.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.