Intellectual Property

  • May 16, 2018

    Novartis, Par Hit With Pay-For-Delay Suit Over Exforge

    Novartis Pharmaceuticals Corp. was able to keep a generic of its hypertension drug Exforge off the market for years by agreeing to let Par Pharmaceutical Inc. have six months of generic exclusivity, a deal that shunned competition and kept prices higher, according to a proposed class action filed in New York federal court Wednesday.

  • May 16, 2018

    Swarovski Battles Online Counterfeiting With $22M TM Suit

    International crystal and jewelry maker Swarovski Aktiengesellschaft and its North American component filed a lawsuit in Illinois federal court Wednesday asking a judge to help it combat a host of alleged counterfeiters it says are infringing its trademarks and faking its products.

  • May 16, 2018

    4 Things To Know About New ITC Rules For Patent Cases

    The U.S. International Trade Commission recently announced new rules for intellectual property cases that take effect next month. Here’s what attorneys need to know about what will change at the ITC, including new provisions that allow larger cases to be split up into multiple proceedings.

  • May 16, 2018

    K&L Gates Boosts IP Practice By Snagging Jones Day Partner

    K&L Gates LLP has expanded its intellectual property practice by snagging a former Jones Day partner with expertise litigating copyright and advertising cases to work in its Washington, D.C., office, the firm announced.

  • May 16, 2018

    Stan Lee Sues Media Co. For $1B To Reclaim His Name

    Famed comic book creator Stan Lee hit Pow Entertainment Inc. with a $1 billion fraud suit in California state court Tuesday that claims the company he helped to create profited by stealing his identity, likeness, name and image.

  • May 16, 2018

    PTAB Upholds Data Patent Challenged By Dell, Others

    The Patent Trial and Appeal Board on Tuesday upheld a Realtime Data patent covering data compression technology that was challenged by several tech companies including Dell, Oracle and HP, finding the companies failed to show any of the claims are obvious.

  • May 16, 2018

    Glad Products Claims Rival Rips Off Its Logo And Trademarks

    Resealable food storage and trash bag maker The Glad Products Co. slapped a competitor with a trademark infringement suit in California federal court Tuesday, accusing it of making similar products with logos and trade dress that rip off Glad’s well-known household brands in an attempt to deceive consumers.

  • May 16, 2018

    Samsung Fights Sanctions Bid In Panasonic Antitrust Suit

    Samsung Electronics Co. Ltd. urged a California federal court on Tuesday not to sanction the company over its suit alleging Panasonic Corp. colluded with others to monopolize the flash memory card market, arguing Panasonic is glossing over the main part of the alleged scheme.

  • May 16, 2018

    Scotch & Iron Can’t Shake Dutch Fashion Co.’s TM Suit

    A New York federal judge on Tuesday refused to dismiss Amsterdam-based fashion retailer Scotch & Soda's trademark infringement suit against fellow apparel maker Scotch & Iron, holding that the latter company took a “strained reading” of the Dutch company’s allegations that their names were confusingly similar.

  • May 16, 2018

    DOJ, Microsoft Urge Fed. Circ. To Find Tribes Can Face IPRs

    The Federal Circuit should uphold the Patent Trial and Appeal Board's decision saying that sovereign immunity doesn't apply to inter partes reviews because federal agencies are allowed to enforce federal law, even against states and Native American tribes, the U.S. Department of Justice, Microsoft Corp. and other amici told the court.

  • May 16, 2018

    Gov't Not A 'Person' In AIA Patent Reviews, Justices Told

    Return Mail Inc. has urged the U.S. Supreme Court to review a Federal Circuit ruling that the federal government is a "person" with standing to challenge patents at the Patent Trial and Appeal Board, saying the government has become a "repeat participant" in America Invents Act review proceedings.

  • May 16, 2018

    Ex-Law Prof Asks 3rd Circ. To Rethink Deal On Plagiarism

    A former adjunct law professor asked the Third Circuit on Tuesday to reconsider its decision leaving in place a settlement he reached with Rider University after being accused of plagiarism, which he says was the result of the university suppressing evidence that he had been given permission to use another professor’s syllabus.

  • May 15, 2018

    Fed. Circ. Affirms Alice Win For SAP On Financial Data Patent

    The Federal Circuit on Tuesday affirmed a Texas federal judge's finding that InvestPic LLC's patented method for analyzing financial data, which it asserted against SAP America Inc., was invalid under Alice for claiming a noninventive and abstract mathematical idea.

  • May 15, 2018

    Tribal Patent Pacts An 'Assault' On IPR System, Fed. Circ. Told

    Several generic drug companies have urged the Federal Circuit to uphold the Patent Trial and Appeal Board’s finding that it could reevaluate patents for the dry-eye drug Restasis, in spite of Allergan’s decision to transfer its intellectual property to the Saint Regis Mohawk Tribe and invoke sovereign immunity to avoid inter partes review.

  • May 15, 2018

    Google Cries Foul At Architect’s Revised RICO Suit

    Google objected Tuesday to an architect’s sixth attempt at alleging the tech giant stole his building design technology trade secrets, saying the amended suit filed in California federal court with bolstered Racketeer Influenced and Corrupt Organizations Act claims was improperly filed without the court’s permission.

  • May 15, 2018

    ZimmerBiomet Scores $13M In Fees In Howmedica IP Fight

    A New Jersey federal judge has awarded ZimmerBiomet $13.3 million in attorneys’ fees and more than $500,000 in costs following a long-running polymer-patent dispute with Howmedica that resulted in the invalidation of four of the latter company’s patents, according to court documents unsealed Monday.

  • May 15, 2018

    Here's What The Music Modernization Act Would Do

    The Music Modernization Act, a major copyright bill that’s looking more and more likely to become law, is really a package of small tweaks and amendments. Here’s a breakdown of exactly what’s in the latest version.

  • May 15, 2018

    Samsung Owes Apple Over $1B For Ripping Off IP, Jury Told

    Apple told an eight-member jury during opening statements in a high-profile California federal damages trial Tuesday that Samsung owes it more than $1 billion for infringing three of Apple's design patents covering iPhones, while Samsung pegged the number at just $28 million.

  • May 15, 2018

    Fed. Circ. Says Only 1 District Per State Can Be Patent Venue

    Rebuking Eastern District of Texas Judge Rodney Gilstrap, the Federal Circuit ruled Tuesday that when companies are incorporated in states with multiple judicial districts, only one is the proper venue for a patent lawsuit, negating decisions that allowed suits in every district.

  • May 15, 2018

    Dartmouth Says PTAB Abused Discretion In Post-SAS Ruling

    Dartmouth College claims the Patent Trial and Appeal Board abused its discretion when it scrapped an earlier ruling and decided to review all of the challenges against the university’s vitamin supplement patent after the recent U.S. Supreme Court decision that curbed the board's ability to pick and choose claims to review.

Expert Analysis

  • Some Fed. Circ. Guidance On Patent Pleading Standard

    Stephanie Scruggs

    The Federal Circuit's decision in Disc Disease v. VGH may help to further inform patent owners as to what a sufficiently pled complaint should contain to survive a motion to dismiss under Rule 12(b)(6) for “simple” technologies, say Stephanie Scruggs and Jessica Zurlo of Bradley Arant Boult Cummings LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Don’t Let Inter Partes Reviews Ruin Your Trial

    Jeremy Taylor

    Current statistics reveal that inter partes review petitions are now more likely to fail than succeed, and the failure rate is continuing to climb. Accused infringers must approach IPR proceedings with an eye toward a jury trial that is more and more likely to occur, say Jeremy Taylor and Wayne Stacy of Baker Botts LLP.

  • Surveying The CRISPR Patent War

    Michael Stramiello

    Following this week’s oral argument at the Federal Circuit in University of California v. Broad Institute, there has been a surge of interest in the long-running CRISPR patent dispute. There are battles raging on multiple fronts, particularly in Europe, with several more on deck in the U.S., and maybe even in China, says Michael Stramiello of Paul Hastings LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Post-TC Heartland Trends In The 1st Quarter Of 2018

    Christina Ji-Hye Yang

    Since the U.S. Supreme Court’s decision in TC Heartland last year, district courts have received a large volume of motions to dismiss for improper venue. We analyzed 44 recent rulings on these motions, say Christina Ji-Hye Yang and Mareesa Frederick of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • A Path Less Traveled: Where Oil States Meets Bike Trails

    Matthew Rizzolo

    Following the U.S. Supreme Court's Oil States decision last week, much of the attention has focused on the due process clause. The court’s reference to the takings clause has received less scrutiny, and clues to its implications may come from a surprising place in history — legislation and litigation involving conversions of abandoned railroads to bike trails, says Matthew Rizzolo of Ropes & Gray LLP.

  • Loopholes In The USPTO's Berkheimer Memo

    Robert Curylo

    While the U.S. Patent and Trademark Office’s new eligibility guidance represents important progress toward applying objective standards to patent eligibility determinations, examiners who are disinclined to grant patents have multiple options for evading or minimizing the evidentiary requirements in this guidance, says Robert Curylo of Kilpatrick Townsend & Stockton LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • UK's Suggested Global Reach For IP Tax Goes Too Far

    Perminder Gainda

    Her Majesty's Revenue and Customs' suggested approach of bringing royalty payments within its scope for taxation purposes — where they are paid to a connected person based in a jurisdiction with which the U.K. does not have an appropriate double tax treaty — is too broad and could give rise to significant double taxation, says Perminder Gainda of Herbert Smith Freehills LLP.