Intellectual Property

  • February 7, 2018

    Cigars And Tequila Are 'Complementary' Products, TTAB Says

    The Trademark Trial and Appeal Board has ruled that a Ternura brand of cigars is confusingly similar to a same-named line of tequila, saying the two types of product are "complementary" and linked in the minds of consumers.

  • February 7, 2018

    Venable Adds Ex-Arnold & Porter Patent Atty In San Francisco

    Venable LLP has expanded its growing patent prosecution and counseling practice in San Francisco with the addition of a former Arnold & Porter patent attorney, according to the firm.

  • February 7, 2018

    Sanofi Urges Fed. Circ. To Deny Amgen's Redo Bid In IP Row

    Sanofi SA on Tuesday urged the Federal Circuit to stand by its October decision reviving a challenge to Amgen Inc.’s cholesterol medication Repatha, arguing that the panel didn’t stray from the court’s precedent governing how to test when an antibody is patentable. 

  • February 7, 2018

    Beyond Gilstrap: 5 Judges To Watch In Patent Litigation

    Judge Rodney Gilstrap in the Eastern District of Texas has long sat atop America’s patent docket. But as the patent litigation landscape shifts, here’s a look at some other judges who should also be on your radar.

  • February 7, 2018

    New Normal Takes Shape After TC Heartland Shakeup

    The number of patent complaints filed in the Eastern District of Texas dropped significantly following the U.S. Supreme Court’s TC Heartland ruling while Delaware and other venues saw more action, but attorneys say they don’t expect filing trends to change much more going forward.

  • February 7, 2018

    ITC Patent Rebound Shows Signs It’s Here To Stay

    The resurgence of patent cases at the U.S. International Trade Commission continued in 2017, settling in at a level many believe will become the new standard amid lingering uncertainty for patent owners in district court litigation and an increased awareness of what the commission has to offer.

  • February 7, 2018

    How Patent Litigation Changed In 2017

    A new report from legal analytics firm Lex Machina reveals some major shifts in the U.S. patent landscape that came amid a tumultuous year for patent attorneys. Here are some of the key findings from the 2017 data.

  • February 7, 2018

    The Firms That Fielded The Most Patent Cases

    A blockbuster Supreme Court ruling. A shift in strategy for patent venues. A downturn in the number of patent suits. 2017 was an unusual year in patent litigation. Here’s a look at the law firms that clients turned to most frequently for help navigating these trends.

  • February 7, 2018

    Drop In IPRs Tied To Patent Litigation Slowdown

    The number of petitions for inter partes review filed at the Patent Trial and Appeal Board plunged during the course of 2017, which attorneys say may be the result of several factors, including a decline in patent litigation and fewer PTAB decisions invalidating patents.

  • February 6, 2018

    Kalanick Tells Jury Self-Driving Cars Are 'Winner-Take-All'

    Former Uber CEO Travis Kalanick took the stand Tuesday in a California federal jury trial over allegations his company stole self-driving car trade secrets from Alphabet unit Waymo, testifying that leadership in driverless car technology is an “existential” challenge for the ride-hailing company he co-founded.

  • February 6, 2018

    A To-Do List For New USPTO Director Iancu

    New U.S. Patent and Trademark Office Director Andrei Iancu will have a lot on his plate as he takes the reins at the agency, from addressing concerns about the fairness of Patent Trial and Appeal Board reviews to safeguarding the patent office’s budget. Here’s what attorneys say should be on his agenda.

  • February 6, 2018

    Fed. Circ. Says On-Sale Bar May Invalidate Angiomax Patent

    The Federal Circuit on Tuesday affirmed a district court’s finding that Hospira doesn’t infringe two blood thinner patents belonging to The Medicines Co., but remanded the question of whether The Medicines Co.'s distribution agreement with another company would render the patents invalid under the so-called on-sale bar.

  • February 6, 2018

    Microsoft Says It's 'Built On IP' In Patent Row With Corel

    Microsoft Corp. “is built on IP” that must be enforced even when its patents are infringed by smaller companies like Corel Corp., an attorney for the tech giant said Tuesday during opening statements in its California federal trial, while Corel countered it would pay but only a “fair price.”

  • February 6, 2018

    Like To Kill The Copyright To A Famed Song? Call These Guys

    A settlement last month that pushed the 1960s protest song “We Shall Overcome” into the public domain was the latest victory for a small group of lawyers who are quietly becoming the go-to team for invalidating questionable copyrights.

  • February 6, 2018

    Beyoncé, YouTube Star End 'Formation' Copyright Suit

    Beyoncé and the estate of a YouTube star who’d accused her of stealing audio for her “Formation” music video have agreed to end their copyright fight six months after the court refused to find the video a protected fair use, according to a Monday order in Louisiana federal court.

  • February 6, 2018

    Boehringer, Teva Fight Humana's Bid To Block Aggrenox Deal

    Boehringer Ingelheim and Teva Pharmaceutical urged a Connecticut federal judge Monday to ignore objections raised by Humana to a $54 million settlement reached with a proposed class of indirect Aggrenox buyers over allegations the drug companies blocked generic alternatives to the stroke-prevention medication from hitting the market.

  • February 6, 2018

    Fed. Circ. Backs USPTO's Term Adjustment For Drug Patent

    The Federal Circuit said Tuesday that Actelion Pharmaceuticals Ltd. was not entitled to a patent term adjustment that would have added several days to the life of a patent beyond an adjustment the U.S. Patent and Trademark Office granted, upholding a lower court’s decision.

  • February 6, 2018

    Federal Circ. Upholds Validity Of Motion Tracking IP

    A patent on motion tracking technology used in various types of military installations has survived the latest challenge over its validity, as the Federal Circuit determined on Tuesday that a combination of prior art did not make its asserted claims obvious.

  • February 6, 2018

    Judge Tosses Settled $42M IP Suit Over 'Steve Harvey Show'

    A California federal judge on Monday ended a $42.3 million copyright infringement suit, which both parties settled, that accused “The Steve Harvey Show” of using unlicensed copies of a music company’s recordings in the television show’s second season.

  • February 6, 2018

    Husch Blackwell Bolsters Firm With Int'l Trade Partner

    Husch Blackwell LLP said Monday it has bolstered its international trade group with the addition of a former Adduci Mastriani & Schaumberg LLP attorney who has extensive experience handling Section 337 matters before the U.S. International Trade Commission.

Expert Analysis

  • The Latest Fed. Circ. Approach To 'Inference Of Intent'

    Francis C. Lynch

    The Federal Circuit's recent denial of further review in Regeneron v. Merus means that it is now established law that an adverse inference of wrongful intent can, in some circumstance, be drawn as a sanction for litigation misconduct without satisfying two Therasense requirements for making inferences of wrongful intent, says Francis C. Lynch, a retired Goodwin Procter LLP senior partner.

  • Fed. Circ. Continues To Rein In PTAB

    Garrard Beeney

    This week's decision in Wi-Fi One v. Broadcomm continues a string of Federal Circuit efforts to limit the Patent Trial and Appeal Board's ability to review and invalidate patent claims. Wi-Fi One may expand the PTAB determinations subject to appeal, and it also has other implications for the inter partes review process, say Garrard Beeney and Stephen Elliott of Sullivan & Cromwell LLP.

  • The Trouble With Trademarking A Trend

    Ronda Majure.jpg

    Recently we’ve been witnessing a concerning twist in the trademark process. People are opportunistically attempting to trademark certain words or phrases that are considered to be on trend — like "Trump," "Brexit" and "covfefe." But most of these are very likely to fail at the U.S. Patent and Trademark Office, says Ronda Majure of CompuMark.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Fed. Circ. ​Ruling May Trigger New Wave Of TM Applications

    Perry Viscounty

    Following the Federal Circuit’s recent Brunetti decision, the U.S. Patent and Trademark Office should no longer reject trademark applications on the grounds that they are immoral, scandalous or disparaging, which opens up registration to a diverse range of applicants whose marks were previously precluded by the Lanham Act, say attorneys with Latham & Watkins LLP.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

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    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • Amici Views On Big Pharma 'Renting' Sovereign Immunity

    Ben Bourke

    The Patent Trial and Appeal Board recently requested briefing from amici for the first time — in Mylan v. Saint Regis Mohawk Tribe. In general, technology and pharmaceutical companies argued that the deal assigning Allergan patents to the tribe was a sham, while other tribes and a group of law professors supported the sovereign immunity defense, says Ben Bourke of Womble Bond Dickinson LLP.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Indirect Purchaser Cases In 2017: Key District Court Rulings

    Chris Micheletti

    Over the last year, there were some interesting cases in the indirect purchaser class action arena, with district courts addressing pleading motions, class certification in “pay-for-delay” drug cases, and class certification of nationwide and multistate class claims based on California’s state antitrust law, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • New USPTO Fees Likely To Attract More Chinese Applicants

    Junqi Hang

    At the U.S. Patent and Trademark Office, a set of new fees will go into effect next week. We believe the substantial fee increases for inter partes review proceedings work in favor of foreign applicants, such as Chinese applicants, who are interested in seeking patents in the U.S., say Junqi Hang and Jing Xu of Dragon Intellectual Property Law Firm.