We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Intellectual Property

  • November 6, 2018

    Fed. Circ. Urged Not To Stay Immunity Ruling For Appeal

    A trio of generic-drug makers have urged the Federal Circuit not to stay its ruling that sovereign immunity doesn’t apply in inter partes reviews, arguing that Allergan PLC and the St. Regis Mohawk tribe haven’t proven the U.S. Supreme Court would have a reason to take up their case or overturn the decision.

  • November 6, 2018

    Orencia Patent Appeal Not Moot, Momenta Tells Fed. Circ.

    An infringement case over a Bristol-Myers Squibb Co. patent covering its Orencia biologics product is not moot simply because challenger Momenta Pharmaceuticals Inc. is considering stopping development of a proposed biosimilar, Momenta has told the Federal Circuit.

  • November 6, 2018

    Hagens Berman Co-Founder Slips Suit Over Fee Award Divvy

    A California federal court has dismissed claims against the co-founder of plaintiffs firm Hagens Berman Sobol Shapiro LLP in a suit accusing the firm of not properly splitting more than $6 million in attorneys' fees awarded in an underlying action over the use of student athletes' likenesses in video games.

  • November 6, 2018

    RIAA Says 'Stairway' Ruling Would 'Overprotect' Copyrights

    The Recording Industry Association of America asked the full Ninth Circuit to undo a high-profile ruling on Led Zeppelin's "Stairway to Heaven," saying it threatens to "badly overprotect" copyrights.

  • November 6, 2018

    Venable Adds Ex-Goodwin Procter IP Pro In San Francisco

    Venable LLP has snagged a tech-savvy patent litigator, formerly of Goodwin Procter LLP, to bolster the firm's growing intellectual property litigation practice in San Francisco and help the team’s developing focus on the technology sector, Venable said.

  • November 5, 2018

    Fla. Jury Awards Badia $564K Over 'Sazón Completa' Mark

    Gel Spice Company Inc. failed to prove that Badia Spices' trademark for its “Sazón Completa” spice mix has become generic and Gel willfully infringed the mark, a Florida federal jury found Monday in awarding $564,000 to Badia.

  • November 5, 2018

    Power Integrations Seeks $21M In Damages In Del. IP Trial

    Semiconductor maker Power Integrations Inc. laid out its case Monday for more than $21 million in damages during the first day of a Delaware federal court trial over claims that competitor Fairchild Semiconductor International willfully infringed two patents and induced third parties to import products using the infringing microchips to the U.S.

  • November 5, 2018

    SAG-AFTRA Seeks To Mute Songwriters' Suit Over 3% Fee

    The Screen Actors Guild‐American Federation of Television and Radio Artists asked a California federal judge Monday to throw out songwriter Kevin Risto's putative class action alleging it violated its fiduciary duty to session musicians and backup singers by taking a 3 percent service fee on all royalties they're owed.

  • November 5, 2018

    Jury Award Doubled To $268M In Hearing Aid IP Case

    A California federal judge on Sunday doubled a 2014 jury award and ordered medical device company Cochlear Ltd. to pay more than $268 million in a lawsuit over a hearing-aid implant patent owned by the Alfred E. Mann Foundation for Scientific Research, a medical research organization.

  • November 5, 2018

    Invisalign Maker Says Rival Is Infringing Scanner Cover IP

    The creator of Invisalign and dental scanners accused an Israel-based rival of infringing its design and trademarks covering sterile sleeves for the scanners so it could sell its similar but allegedly inferior product, according to a suit in California federal court.

  • November 5, 2018

    Winston & Strawn Arbitration Clause 'Unconscionable': Panel

    A Winston & Strawn LLP arbitration agreement with a former income partner now suing the firm for gender discrimination carries "the taint of illegality" and is unenforceable, a California appellate court said Friday.

  • November 5, 2018

    Teva Suit Built On 'Tottering Tower Of Conjecture,' FDA Says

    Teva Pharmaceuticals’ high-profile challenge to a new U.S. Food and Drug Administration policy on generic-drug exclusivity is wildly speculative and has virtually no chance of succeeding, the FDA told a D.C. federal judge Friday.

  • November 5, 2018

    Pulling Pre-AIA Patents Violates Due Process, Fed. Circ. Hears

    The Federal Circuit heard arguments Monday regarding whether claims in two patents that relate to a method of preventing electrical fires in gas tubing are too similar to prior art and whether it is a violation of due process to retroactively declare a pre-America Invents Act patent unpatentable.

  • November 5, 2018

    FTC Head Recuses Himself From Qualcomm Antitrust Row

    Federal Trade Commission Chairman Joseph Simons has recused himself from any participation in the agency’s California federal court antitrust case accusing Qualcomm of anti-competitive patent licensing practices, leaving an even divide between the FTC’s Republican and Democratic commissioners as the agency and the chipmaker pursue settlement talks.

  • November 5, 2018

    Fed. Circ. Won't Rethink Axing Hyosung ATM Patent Claims

    The Federal Circuit said Friday it would not reconsider an August ruling that invalidated part of a Nautilus Hyosung America Inc. ATM patent challenged by Diebold Nixdorf Inc., a rival company that the U.S. International Trade Commission found infringed the patent.

  • November 5, 2018

    Walmart Rival Seeks Quick Trial On 'Backyard' TM Remedies

    Two weeks after winning a jury verdict that Walmart willfully infringed its "Backyard" trademark, a Southern discount chain is asking a North Carolina federal judge for a quick trial to figure out how much the retail giant must pay.

  • November 5, 2018

    Ex-USPTO Solicitor Nathan Kelley Joins Perkins Coie

    Nathan Kelley, former U.S. Patent and Trademark Office deputy general counsel of intellectual property law and solicitor, has joined Perkins Coie LLP as a partner in its Washington, D.C., office, the firm announced Monday.

  • November 5, 2018

    Medtronic Fires Back In Ex-PTAB Chief's Gay Bias Suit

    Medtronic leveled a counterclaim Friday in a sexual orientation bias case brought by David Ruschke, a former Patent Trial and Appeal Board chief judge and onetime attorney for the medical device maker, telling a California federal court that Ruschke hasn't repaid a $250,000 loan the company gave him in 2007.

  • November 5, 2018

    Mexican Sauce Mark Too Close To Indian Spices, TTAB Says

    The Trademark Trial and Appeal Board on Friday decided a "Sonia" brand of Mexican sauces was confusingly similar to a "Sonia Soni" brand of Indian spices, ruling that "certain spices may be used in both Mexican and Indian cuisine."

  • November 5, 2018

    High Court Won't Consider Real Estate Search Patents

    The U.S. Supreme Court on Monday declined to review a ruling from the Federal Circuit that invalidated real estate search patents under the Alice test, choosing not to weigh in on whether the appellate court's ruling could be squared with a high-profile decision issued days later.

Expert Analysis

  • 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.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • 5.5 Ways To Remove GILTI From Your State Tax Base

    Zal Kumar

    In many states, the lack of specific guidance addressing the inclusion of global intangible low-taxed income, or GILTI, is causing concern that GILTI will be includible in the state tax base. Attorneys from Mayer Brown LLP highlight several possible avenues for removing GILTI from the state tax base.

  • House Bill Leaves ‘Doughnut Hole’ In USPTO Fee Authority

    Andrew Baluch

    The House recently passed the SUCCESS Act to extend the U.S. Patent and Trademark Office's expired fee-setting authority, but the lack of retroactive effect in the bill may force the USPTO to redo its pending 2018 fee proposal, says Andrew Baluch, a partner at Smith Baluch LLP and former White House intellectual property adviser.

  • Entire Market Value Rule Is Alive But Not Well

    Stephen Akerley

    Last month, the Federal Circuit issued a modified opinion in Power Integrations v. Fairchild, retreating from an earlier ruling that set an unattainable standard for invoking the entire market value rule. However, the new burden will prove to be just as difficult to meet in practice, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Aatrix, Berkheimer And The Future Of Patent Eligibility

    Robert Maier

    The Federal Circuit in Aatrix and Berkheimer may have limited the role of district courts in determining patent eligibility cases. Though these two cases provide some additional guidance, there appears to still be a wide range of viewpoints within the Federal Circuit as to the correct approach to Section 101, say Robert Maier and Jonathan Cocks of Baker Botts LLP.