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Intellectual Property

  • October 2, 2018

    ITC Launches Probe Into ResMed Rival's Sleep Mask Imports

    The U.S. International Trade Commission has launched an investigation into whether face masks to treat sleep apnea shipped to the U.S. by New Zealand-based Fisher & Paykel Healthcare Ltd. rip off rival ResMed Inc.’s patented sleep masks, the agency said on Monday.

  • October 2, 2018

    Apple Can't Escape IPhone Dual Lens Patent Dispute

    A California federal judge found Monday that Corephotonics Ltd.’s complaints “more than simply” alleged that Apple Inc. knew about the Israeli startup’s lens technology patents and infringed them in several iPhone models, rejecting the tech giant’s bid for dismissal.

  • October 2, 2018

    PTAB Won't Review LG's Challenges To Wi-LAN 4G Patent

    The Patent Trial and Appeal Board on Monday shot down LG Electronics Inc.'s request to review a patent for 4G wireless technology that lies at the heart of a federal infringement suit, saying the electronics maker failed to show the claims at issue were likely invalid.

  • October 2, 2018

    PTAB To Review Realtime Data Patent In 6th IPR Challenge

    The Patent Trial and Appeal Board on Monday agreed to review Acronis Inc.'s challenge to Realtime Data LLC's patent covering data compression technology, saying the patent owner's complaints about serial attacks were undercut by its own litigation activity.

  • October 2, 2018

    PTAB Ends Review Of Septic Patent Over Late Challenge

    The Patent Trial and Appeal Board abruptly ended its review of a patent related to septic tank systems on Monday, deciding that Infiltrator Water Technologies LLC filed its petition challenging the validity of the patent too long after it was sued for infringement.

  • October 2, 2018

    Qatari Broadcaster Lobs $1B Pirating Claim At Saudi Arabia

    Qatari sports and entertainment network beIN Media Group said it has initiated a $1 billion international arbitration claim against Saudi Arabia, saying the country did nothing to stop "the most widespread piracy of sports broadcasting the world has ever seen.”

  • October 2, 2018

    Startup Seeks Fee Award For Hard Rock's Failed TM Case

    A startup called RockStar Hotels Inc. on Tuesday asked a Florida federal court for legal fees incurred defending itself from Hard Rock Cafe International USA Inc.'s failed trademark lawsuit, which the startup said was "an arrogant misuse of financial superiority."

  • October 2, 2018

    NDA Doesn't Bar Info From 3D Printer's Patent App: 7th Circ.

    A company that develops 3D printing processes did not violate a non-disclosure agreement when it included information about a specific polymer in a patent application, because the agreement carved out exactly that scenario, the Seventh Circuit said Monday.

  • October 2, 2018

    Fed. Circ. Nixes PTAB Remand In Settled Eye Drug Case

    In a move described as atypical, the Federal Circuit on Tuesday partially tossed a Patent Trial and Appeal Board decision upholding a Paragon BioTeck eye solution patent challenged by Altaire Pharmaceuticals Inc., in light of a settlement reached between the drugmakers.

  • October 2, 2018

    Spotify Can't Shake $321M Copyright Row In Tennessee

    A Tennessee federal court has denied Spotify USA Inc.'s bid to toss a $321.3 million case in which the streaming service faces claims that it infringes hundreds of copyrights, saying a copyright administration company has standing to proceed with the matter.

  • October 2, 2018

    Ex-Novak Druce Atty Sues Polsinelli Over Unpaid Fees

    A former associate at now-defunct intellectual property firm Novak Druce Connolly Bove & Quigg has sued Polsinelli PC and several former Novak Druce partners who now work there on claims he was cheated out of over $125,000 in commissions he earned before the firm dissolved.

  • October 2, 2018

    Abbott, Distributor Settle 'Gray Market' Test Strip TM Fight

    Abbott Laboratories and a New York medical distributor have agreed to settle claims levied by the drugmaker in New York federal court in a trademark dispute over the sale of "gray market" versions of Abbott's diabetes test strips.

  • October 2, 2018

    O’Melveny Adds Ex-Paul Hastings IP Partner

    O'Melveny & Myers LLP said Monday it hired former Paul Hastings LLP partner Hassen A. Sayeed, an attorney with a medical degree who specializes in biotechnology and medical device patent cases, to join its growing life sciences intellectual property litigation practice in New York.

  • October 2, 2018

    New York City Wins 'Tavern on the Green' Trademark Fight

    The City of New York has won a long-running trademark dispute over the iconic Central Park restaurant Tavern on the Green, preventing the landmark’s former operator from continuing to use the name.

  • October 1, 2018

    TaylorMade Hit With Patent Suit Over Swing-Tracking Device

    A former stock trader who quit his day job to create a golf club swing analyzer has sued TaylorMade Golf Co. and Blast Motion Inc. in California federal court, claiming the two companies infringed his patents by selling their own, nearly identical products.

  • October 1, 2018

    High Court Patent Roundup: Cert. Denials, Call For SG's View

    The U.S. Supreme Court on Monday denied appeals in a slew of patent cases, while asking the federal government to weigh in on RPX Corp.’s challenge to a ruling that the defensive patent group lacks standing to appeal a Patent Trial and Appeal Board decision.

  • October 1, 2018

    Xtampza Not Infringing 2 OxyContin Patents, Judge Says

    An opioid painkiller designed to deter sniffing and injection does not infringe two of Purdue Pharma LP’s OxyContin-related patents, a Massachusetts federal judge has ruled in a victory for Collegium Pharmaceutical Inc. and its two-year-old Xtampza XR.

  • October 1, 2018

    Fed. Circ. Upholds Re-Exam Ax Of Athlete Endurance Patents

    The Federal Circuit on Monday upheld re-examination decisions that two Natural Alternatives patents on compounds to boost athletes’ endurance are invalid based on earlier patents in a chain of applications, finding the company had omitted a key phrase from one application.

  • October 1, 2018

    Brookstone Gets $73M Bid To Buy Airport Stores, IP Assets

    After a four-day auction, bankrupt gadget retailer Brookstone secured a roughly $73 million bid to purchase its intellectual property, e-commerce domain and all but one of its airport stores in its Chapter 11 going-concern sale.

  • October 1, 2018

    Apple's Stand On FRAND Claims Disingenuous: Qualcomm

    Qualcomm has urged a California federal judge to reject Apple’s efforts to pare back counterclaims in a sprawling contract and competition dispute over the chipmaker's patent licensing tactics, blasting Apple for bringing accusations of shirked patent-licensing obligations only to claim Qualcomm cannot pursue the reverse.

Expert Analysis

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Rebuttal

    Japan SEP Licensing Guide Also Aims To Prevent Abuse

    Jay Jurata

    In a recent Law360 guest article, David Kappos wrote that the Japan Patent Office's new licensing guide reflects a balanced approach to standard-essential patents. We agree. But some of the article's characterizations of the issues underlying SEP disputes are misguided, say Jay Jurata and Emily Luken of Orrick Herrington & Sutcliffe LLP.

  • Amgen Shows New Patents Can Affect Prior BPCIA Litigation

    Ashley Mays-Williams

    Amgen's third lawsuit against Apotext illustrates how biologic drug owners can use later-issued patents to extend biosimilar litigation after an initial Biologics Price Competition and Innovation Act action has concluded, say attorneys at Paul Hastings LLP.

  • Opinion

    EA Victory Over Ex-NFL Players Should Be Reversed

    Ronald Katz

    A California federal judge's recent decision to deny the retired NFL players' motion for class certification in the Electronic Arts right of publicity case not only misconstrues Ninth Circuit law, but also ignores the very nature of a "historic" team, says ​​​​​​​Ronald Katz of GCA Law Partners LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Patent Strategy Should Consider USPTO Examiner Incentives

    Eric Blatt

    Understanding how U.S. Patent and Trademark Office incentive policies influence examination decisions is critical to effective patent portfolio development. Examiners do not have unlimited resources, and that reality presents specific challenges and opportunities to applicants, says Eric Blatt of Rothwell Figg Ernst & Manbeck PC.

  • Standard-Setting Participation Can Affect Patent Enforceability

    Jim Burger

    The Federal Circuit's decision in Core Wireless v. Apple shows that failing to read the fine print on membership obligations to standards-setting bodies can lead to consequences for patents held by companies or acquired from other standards participants, say Jim Burger and Michael Parks of Thompson Coburn LLP.

  • Fed. Circ. Clarifies Enablement Requirement In LED Case

    Scott Bornstein

    Last month, the Federal Circuit issued a potentially far-reaching opinion on the application of enablement. The decision in Boston University v. Everlight provides guidance for patentees and patent litigants when initially filing their patent application and later during litigation, say Scott Bornstein and Jonathan Wise of Greenberg Traurig LLP.

  • The Value Of Testifying At Section 301 Tariff Hearings

    S. George Alfonso

    To afford U.S. companies a chance to seek relief from Section 301 tariffs against China, the Trump administration created a hearing process. Testifying at a Section 301 hearing may prove helpful for companies whose products become the target of new tariffs in the coming months, says S. George Alfonso of Braumiller Law Group PLLC.

  • 5 Game Changers In USPTO’s New Trial Guide

    Michael Fleming

    The new version of the U.S. Patent and Trademark Office's trial practice guide — the first major update since its publication in 2012 — is sure to have a significant, wide-reaching impact on strategies for parties and practitioners appearing before the Patent Trial and Appeal Board, say Michael Fleming and Kamran Vakili of Irell & Manella LLP.