Intellectual Property

  • February 17, 2018

    How The Federal Circuit’s Patent Docket Changed In 2017

    A hefty patent caseload has been the new normal for the Federal Circuit since America Invents Act proceedings first hit the court three years ago, but 2017 still saw some subtle changes. Here, Law360 looks at the latest trends in patent appeals.

  • February 16, 2018

    Boston Scientific IP Attys Must Defend Doc-Redact Request

    A California federal judge on Thursday denied Boston Scientific Corp.’s bid to seal documents related to Nevro Corp.’s suit claiming infringement of its spinal cord pain treatment patents, saying Boston’s attorneys must file explanations why they shouldn’t be sanctioned for “frivolous and vexatious conduct.”

  • February 16, 2018

    Merck Unit Loses $2.5B Verdict As Hep C Patent Invalidated

    A Delaware federal judge dismantled a Merck & Co. unit’s $2.5 billion jury verdict win over Gilead Sciences Inc. in an infringement suit over a hepatitis C drug patent, finding Friday that the patent’s claims weren’t specific enough for an experienced scientist to successfully re-create the formula.

  • February 16, 2018

    PTAB Will Review Amgen Patent Tied To Sanofi Eczema Drug

    The Patent Trial and Appeal Board said Thursday it would review a patent owned by Amgen unit Immunex — which Sanofi says stands in the way of its new eczema biologic — with the board finding Sanofi met the standard set out in its recent General Plastic ruling.

  • February 16, 2018

    Brand Battles: Greenwood Refused 'God Bless The USA' TM

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, country singer Lee Greenwood appeals after being refused a registration on the name of his most famous hit, Major League Baseball welcomes spring training by aiming to block a "Spring Training" mark, and Allstate takes its "Drivewise" battle with Kia to the board.

  • February 16, 2018

    Momenta, Sandoz Can't Nix Drug Antitrust Suit, Court Told

    A Tennessee hospital urged a federal court Thursday to keep its antitrust lawsuit against Momenta Pharmaceuticals Inc. and Sandoz Inc. alive because a related challenge to a Momenta patent is ongoing.

  • February 16, 2018

    IRS Asserts Coca-Cola Undervalued Property In $3B Tax Case

    Arrangements between The Coca-Cola Co. and foreign licensees did not accurately reflect the value of the company's intangible property, allowing the beverage producer to avoid significant U.S. taxes, the IRS said in a pretrial memorandum filed Thursday in its $3.3 billion transfer pricing dispute with Coca-Cola in the U.S. Tax Court.

  • February 16, 2018

    Atty Fees For Delayed TM Compliance Unfair, 9th Circ. Told

    An organization for California farmers that was barred from using the trademarked word “Grange” in its name asked the Ninth Circuit on Friday to reverse an order requiring it to pay the other side's attorneys’ fees, arguing any delays in complying with the injunction were not willful or malicious.

  • February 16, 2018

    Fed. Circ. Affirms PTAB Ruling In $62M Snap-On Tool Case

    The Federal Circuit affirmed on Friday a number of Patent and Trial Board rulings that found three Milwaukee Electronic Tool Co. patents, which were successfully asserted against toolmaker Snap-On for up to $62 million, to be non-obvious over prior art, concluding that while the board’s claim construction was not entirely correct, it was only a “harmless error.”

  • February 16, 2018

    IP Hires: Crowell & Moring, Gibson Dunn, Skadden

    In this week's intellectual property partners on the move, Crowell & Moring boosts its ranks with the addition of a seasoned patent litigator, Gibson Dunn lands a new partner with a high-profile IP and technology transactions practice, and Skadden snags the former leader of Quinn Emanuel's trade secrets practice group. Here are the details on these and other notable IP hires.

  • February 16, 2018

    Apple Gets $6.5M Ongoing Royalties In Samsung IP Dispute

    A California federal judge on Thursday granted Apple almost $6.5 million in ongoing royalties from Samsung in the companies’ dispute over patented designs, but denied the tech giant's request for ongoing royalties on products containing design-arounds.

  • February 16, 2018

    BakerHostetler Adds Ex-Norton Rose IP Pro In LA

    BakerHostetler has added a former Norton Rose Fulbright intellectual property attorney who brings to its Los Angeles office a focus on patent and trademark prosecution, portfolio management and strategic counseling both at home and abroad, the firm announced Friday.

  • February 16, 2018

    Dickinson Wright Nabs IP Expert From Squire Patton Boggs

    Dickinson Wright PLLC has broadened its intellectual property bench with a former Squire Patton Boggs LLP attorney whose early experience on nuclear submarines at the U.S. Naval Academy catapulted a more than 20-year career preparing and prosecuting patent applications in the electronic, software and mechanical industries.

  • February 16, 2018

    Texas Justices Pass On Code Developer's 'Contractor' Row

    The Texas Supreme Court on Friday declined to consider a software developer’s suit in which he claimed that a trial court incorrectly ruled he was an employee and not an independent contractor of the drilling technology company that demanded he hand over a computer application he wrote.

  • February 16, 2018

    Fed. Circ. Backs Coke’s Quick Alice Win On Inventory Patent

    The Federal Circuit on Friday ruled that a Georgia federal judge correctly invalidated four inventory tracking patents asserted against The Coca-Cola Co. for claiming abstract ideas, following two recent high-profile decisions faulting judges for too quickly granting similar motions.

  • February 16, 2018

    'Star Wars' Card Game Isn't A Trademark, App Co. Says

    Facing a trademark lawsuit from Walt Disney Co.’s Lucasfilm Ltd., a British gamemaker said Thursday that the studio cannot claim trademark rights to a fictional card game featured in “Star Wars.”

  • February 16, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen Chubb bring an action against U.S. forestry giant Weyerhaeuser, Russia's Kapital Insurance lodge a claim against more than a dozen insurers and reinsurers, and the Financial Services Compensation Scheme sue Heritage Corporate Trustees for breach of fiduciary duty. Here, Law360 looks at those and other new claims in the U.K.

  • February 15, 2018

    O'Bannon Meets 'Game Of Thrones' In 9th Circ. NCAA Row

    The NCAA urged the Ninth Circuit on Thursday to reject a $42 million fee award to attorneys for student-athletes who successfully fought rules barring them from exploiting their publicity rights, arguing the students didn’t win their whole case and the lower court erroneously used an “all-or-nothing, winner-takes-all, 'Game of Thrones' approach” to fees.

  • February 15, 2018

    Disney, Others Beat ‘Mickey’ Singer Toni Basil’s TM Claims

    A California federal judge on Thursday granted a bid by Disney, Kohl’s and Forever 21 to dismiss a trademark infringement claim brought by Toni Basil, the singer of 1981’s one-hit wonder song “Mickey,” that accused all three companies of using her image and voice to advertise their own products.

  • February 15, 2018

    Cisco’s 'Insane' IP Defense Fails In Arista Antitrust Row

    A California federal judge on Wednesday agreed to strike most of Cisco defenses against an antitrust suit brought by Arista over the sales of Ethernet switches, including a hotly contested infringement defense, which Arista’s counsel called “breathtakingly broad, unprecedented and insane.”

Expert Analysis

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • USPTO Signals Support For New Basis To Invalidate Patents

    Joseph Mallon

    After a hiatus of nearly 23 years, a new “improper Markush grouping” rejection was quietly slipped into the latest revision of the Manual of Patent Examining Procedure, released by the U.S. Patent and Trademark Office just days prior to the Senate confirmation of Andrei Iancu as the new director on Monday, says Joseph Mallon of Knobbe Martens.

  • Exploring Interplay Between PTAB And Claims Court: Part 2

    Matthew Rizzolo

    The Patent Trial and Appeal Board has held that a noticed third-party government contractor participating in a 1498 action brought in the U.S. Court of Federal Claims is not subject to the America Invents Act’s one-year bar. However, potential insulation from the one-year bar comes with significant caveats, say Matthew Rizzolo and Ryan Brunner of Ropes & Gray LLP.

  • BMG V. Cox Is Major Copyright Victory For Music Industry

    Alexander Lawrence

    In one of the music industry's first attempts to hold an internet service provider liable for subscribers' unauthorized peer-to-peer file sharing, the Fourth Circuit largely sided with the copyright holders. The BMG v. Cox decision last week provides important guidance on the Digital Millennium Copyright Act safe harbor and the scope of secondary liability under the Copyright Act, says Alexander Lawrence of Morrison & Foerster LLP.

  • Olympics Bring Trademark Considerations For Athletes

    Michael Rueda

    The Olympics have the unique ability to catapult a relatively unknown name into global celebrity. Athletes suddenly have a "brand" to sell — and to protect with trademarks, says Michael Rueda of Withers Bergman LLP.

  • Exploring Interplay Between PTAB And Claims Court: Part 1

    Matthew Rizzolo

    While the oft-overlooked U.S. Court of Federal Claims has exclusive jurisdiction over patent suits against the U.S. government, the Federal Circuit's recent decision in Return Mail v. U.S. Postal Service addressed whether the government can use another Article I tribunal to defend itself against allegations of patent infringement — the Patent Trial and Appeal Board, say Matthew Rizzolo and Ryan Brunner of Ropes & Gray LLP.

  • Key Trade Secret Developments Of 2017: Part 2

    Randall Kahnke

    In 2017, courts considered important trade secret issues, including the federal Copyright Act’s preemptive power as it relates to trade secrets claims, and temporary injunctions based on mere possession of trade secrets, say attorneys with Faegre Baker Daniels LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Questioning USPTO Estoppel Rule 42.73(d)(3)(i): Part 2

    Allen Sokal

    No statutory provision specifically provides for the patent applicant or owner estoppel of Section 42.73(d)(3)(i) of the U.S. Patent and Trademark Office's final rule implementing the America Invents Act. It appears that this section may be beyond the scope of the USPTO’s rulemaking authority, say Allen Sokal and William Smith of BakerHostetler.

  • Tackling NFL Trademarks: IP Fights Since Last Super Bowl

    David Kluft

    In case someone at the Super Bowl party you attend wants to talk about legal issues, here are some recent NFL-related intellectual property disputes to discuss, says David Kluft of Foley Hoag LLP.