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Intellectual Property

  • August 13, 2018

    PTAB Review Trumps State Immunity, DOJ Tells Fed. Circ.

    The U.S. Department of Justice has urged the Federal Circuit to find that state sovereign immunity does not extend to reviews at the Patent Trial and Appeal Board, saying the court all but decided the issue in a recent case involving a Native American tribe.

  • August 13, 2018

    Del. Court Returns To Full Strength With 2 New Judges

    The U.S. District Court for the District of Delaware has added two federal judges to the bench, bringing the court, recently swamped with patent litigation, to full strength for the first time in more than a year.

  • August 13, 2018

    Attys Say More Fees Needed After 'We Shall Overcome' Win

    Two weeks after a federal judge ordered the former owner of “We Shall Overcome” to repay the attorneys who successfully freed the iconic song from copyright protection, those lawyers are arguing they should have been paid much more.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.

  • August 10, 2018

    USPTO Allows New Filings, Conferences In AIA Guide Update

    The U.S. Patent and Trademark Office on Friday updated its Trial Practice Guide for America Invents Act reviews to allow parties to make filings addressing the Patent Trial and Appeal Board's institution decisions following a recent U.S. Supreme Court ruling and to permit some pre-hearing conferences.

  • August 10, 2018

    Cohen Milstein Serves WikiLeaks With DNC Suit Via Tweet

    After getting no response through traditional methods, Cohen Milstein Sellers & Toll PLLC served WikiLeaks via tweet on Friday, posting a complaint by its client, the Democratic National Committee, that alleges a conspiracy by Russians, the Trump campaign and WikiLeaks to hack and sabotage the party during the 2016 election.

  • August 10, 2018

    Mexican Treat Maker Infringed Rival's TMs, DC Circ. Holds

    The D.C. Circuit on Friday affirmed a D.C. federal court’s ruling that a Mexico-based maker of a hand-held frozen snack infringed the trademarks of a California-based maker of the treats featuring a girl dressed in indigenous clothing and that the California company did not infringe any rights held by its rival.

  • August 10, 2018

    Qualcomm Fights 'Unprecedented' Class Cert. In Chip Row

    Chipmaker Qualcomm has urged a California federal court not to certify a class of smartphone buyers suing the manufacturer for forcing companies like Apple and Samsung into paying high royalty rates that were allegedly then passed on to the public, arguing the class of 250 million people is unfeasible and "unprecedented." 

  • August 10, 2018

    Arctic Cat Can't Get Presuit Damages In Jetski IP Row

    A Florida federal judge on Friday granted Sea-Doo maker Bombardier’s bid to limit the damages it owes ATV maker Arctic Cat for infringing its patented steering technology to the years after Arctic Cat filed suit, ruling that Arctic Cat failed to give notice of the infringement before that.

  • August 10, 2018

    J&J Can't Ax Pfizer Antitrust Suit Over Remicade Biosimilar

    Pfizer Inc. has credibly shown that Johnson & Johnson may have flouted antitrust laws by coercing health insurers into not covering biosimilar versions of biologic Remicade, a Pennsylvania federal judge said in a ruling released Friday.

  • August 10, 2018

    'Filmchella' Organizers Want TTAB Review Of TM Row

    Organizers behind an upstart movie festival called Filmchella have urged a California federal court to stay trademark litigation brought against them by popular music festival Coachella, saying a pause should be placed on proceedings pending review by the U.S. Trademark Trial and Appeal Board.

  • August 10, 2018

    Pending Patent's Inventor Can't Be Disputed, Fed. Circ. Says

    The Federal Circuit on Friday affirmed the dismissal of a lawsuit by a man seeking to be named the sole inventor on a pending cannabis patent application, ruling that such suits can’t be filed until after a patent is issued.

  • August 10, 2018

    Brand Battles: Apple, BMW, Nike, Coca-Cola, Pepsi

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Apple thinks a rival "Genius" isn't so smart, BMW wants to put the brakes on a mechanic's logo, Nike files its latest case over "Just Do It," and Coke and Pepsi both get into action against sound-alike trademarks.

  • August 10, 2018

    Google Gets PTAB To Nix Claims Of Traffic Forecasting Patent

    The Patent Trial and Appeal Board has nixed multiple claims in a patent related to real-time traffic forecasting technology, siding with Google that the patent claims are invalid as obvious.

  • August 10, 2018

    Hacker Stole FIFA Video Game Virtual Currency, Feds Say

    A 25-year-old Serbian man allegedly hacked into Electronic Arts Inc.'s computer network and stole the video game company’s licenses and in-game currency for its popular soccer game FIFA 2018, according to court documents filed in California federal court.

  • August 10, 2018

    IP Hires: Montgomery McCracken, Jones Day, Therium

    In this week’s round of intellectual property attorney moves, Montgomery McCracken snagged a powerful IP team from Buchanan Ingersoll, while Jones Day hired a first chair litigator in Silicon Valley, and litigation funder Therium brought a Hogan Lovells partner on board its investment team. Here are the details on these notable hires.

  • August 10, 2018

    True Value Gets Credit Card Reader Patent Suit Dismissed

    An Illinois federal judge has dismissed a suit accusing hardware store chain True Value Co. of infringing a patent for a credit card reader, saying the "paradox" and "circular reasoning" in the claim destroys the plaintiff's arguments for patent infringement.

  • August 10, 2018

    FDA Focus: What Lowenstein's Practice Chair Is Watching

    Lowenstein Sandler LLP’s James Shehan, chair of the firm’s U.S. Food and Drug Administration practice, tells Law360 he's tracking patent litigation over biosimilars, watching for new off-label promotion policies and eyeing innovative approaches to clinical trials. This is the first installment in a series of interviews with FDA practice leaders.

  • August 10, 2018

    Merus Asks High Court To Bat Down Mouse Patent Appeal

    Merus NV has urged the U.S. Supreme Court to keep in place a lower court's decision that rendered Regeneron Pharmaceuticals Inc.'s genetically modified mouse patent unenforceable due to inequitable conduct during infringement litigation, saying its rival is attempting to "rewrite history."

Expert Analysis

  • How Fed. Circ. Nike Ruling May Change Inter Partes Review

    Michael Fleming

    While the U.S. Supreme Court held that any inter partes review final written decision must decide the patentability of all claims challenged in the petition, it left open the question of whether the decision must address all grounds raised in the petition. The Federal Circuit recently provided an answer in Adidas v. Nike, say Michael Fleming and James Milkey of Irell & Manella LLP.

  • Opinion

    A Decade Of US Patent Reform Must Not Be Undone

    John Thorne

    Recent reforms in America's patent system have nurtured a remarkable burst of American innovation. Despite this, legislation has been filed in Congress that would effectively repeal the America Invents Act and overturn a number of U.S. Supreme Court decisions, says John Thorne of the High Tech Inventors Alliance.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Trends And Predictions For Serial Biologic Drug IPR Petitions

    Frederick Millett

    Frederick Millett and Robert Schwartz of Fitzpatrick Cella Harper & Scinto reviewed 107 biologic drug inter partes review petitions to see how the U.S. Supreme Court's SAS decision and the Patent Trial and Appeal Board's precedential General Plastic decision are likely to affect biologics IPRs.

  • Post-SAS, To File Or Not To File A Preliminary Response?

    Christopher McKee

    Following the U.S. Supreme Court's SAS decision, those faced with an inter partes review petition are unsure whether it is worthwhile for the patent owner to consider filing a preliminary response. But based on 21 recent IPR decisions to institute a trial, it appears that the preliminary response still has potential value, says Christopher McKee of Banner & Witcoff Ltd.

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • The Meaning Of 'At Least 1 Of A And B' At PTAB

    Braden Katterheinrich

    The Patent Trial and Appeal Board's 2017 Jung decision — recently designated as "informative" — establishes that the U.S. Patent and Trademark Office presumes a narrower interpretation of the phrase “at least one of A and B” than many courts and board panels have previously found, say Braden Katterheinrich and Nick Anderson of Faegre Baker Daniels LLP.

  • SAP Ruling's Curious Approach To Subject Matter Eligibility

    Jeffrey Mann

    While the Federal Circuit's conclusion in SAP v. InvestPic meshes nicely with years of Section 101 jurisprudence, the decision awkwardly invoked an antiquated rationale, say Jeffrey Mann and J. Colby Van Horn of Stroock & Stroock & Lavan LLP.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Must Whole Patent Be Nixed To Forfeit 180-Day Exclusivity?

    Jaimin Shah

    Under the Hatch-Waxman Act, what happens to a first applicant’s 180-day exclusivity when the Federal Circuit issues a final decision rendering less than all of a patent's claims invalid or not infringed? We have not found a court or U.S. Food and Drug Administration decision that has considered this question, say Jaimin Shah and Steve Auten of Taft Stettinius & Hollister LLP.