Intellectual Property

  • 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.”

  • February 17, 2018

    CORRECTED: Embedding Tweets Can Be Infringement, Judge Says

    A New York federal judge found Thursday that a slew of news organizations, including Yahoo, Time, The Boston Globe and Gannett, infringed a photographer’s copyrighted picture of NFL quarterback Tom Brady when they embedded tweets containing the image within articles on their websites. (Correction: An earlier story incorrectly described the underlying actions that constituted infringement. The error has been corrected.)

Expert Analysis

  • 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.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • An Overdue Re-Examination Of Antitrust Policy Toward SEPs

    David Teece

    Assistant Attorney General Makan Delrahim's recent speech on antitrust issues regarding standards development and patents implicating standards is promising in that, for the first time in a while, we might have an authentic innovation champion at the U.S. Department of Justice, say David Teece of Berkeley Research Group LLC and Edward Sherry of Expert Research Associates Inc.

  • Questioning USPTO Estoppel Rule 42.73(d)(3)(i): Part 1

    Allen Sokal

    In 2012, the U.S. Patent and Trademark Office published its final rule to implement the America Invents Act. Unlike Section 42.73(d)(1), which prescribes the estoppel facing a petitioner in a post-grant proceeding and implements 35 U.S.C. §§ 315(e) and 325(e), no statutory provision specifically provides for the patent applicant or owner estoppel of Section 42.73(d)(3)(i), say Allen Sokal and William Smith of BakerHostetler.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Ensuring Section 121 Safe Harbor Applies To Patent

    Jay Lessler

    The Patent Act includes a provision shielding a child patent from double patenting over a parent patent. Patent prosecutors seeking the benefits of Section 121 should understand the importance of filing a divisional application during the pendency of the parent patent application in which a restriction requirement is issued, says Jay Lessler of Blank Rome LLP.

  • Gems Of Wisdom: A Guide To Protecting Jewelry Designs

    Dariush Adli

    Instances of jewelry designs being ripped off have made headlines, including a recent claim against clothing retailer Anthropologie. Patent, trademark and copyright laws can provide powerful protection for jewelry designers, says Dariush Adli, president of ADLI Law Group.

  • TC Heartland And Hatch-Waxman: Square Peg In Round Hole

    Jane Love

    Since the U.S. Supreme Court's TC Heartland decision narrowed venue choices in patent cases under the patent venue statute, district courts have struggled to apply the statute in Hatch-Waxman cases. An issue no reported decision has yet questioned, however, is whether the patent venue statute should apply in Hatch-Waxman cases at all, say attorneys with Gibson Dunn & Crutcher LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.