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Intellectual Property

  • January 8, 2019

    Full Fed. Circ. Urged To Review 'Unclear' Double-Patent Rules

    Generics maker Hikma asked the full Federal Circuit Monday to rehear a decision that a Novartis cancer drug patent is not invalid for double-patenting, saying the ruling conflicts with precedent and leaves what had been a straightforward standard “fragmented and unclear.”

  • January 8, 2019

    Roku Can't Escape Streaming Patent Suit

    A Texas federal judge on Tuesday denied a bid by Roku Inc. to scrap a patent infringement lawsuit brought against it in October over its media players and streaming sticks, holding it was too soon in the process.

  • January 8, 2019

    Justices Skeptical Of Allowing Faster Copyright Suits

    The U.S. Supreme Court heard arguments Tuesday over whether copyright owners must fully register their works before filing a lawsuit, during which several justices seemed skeptical of a claim that authors should be allowed to sue immediately after applying for a registration.

  • January 8, 2019

    Ericsson Can License IP On Its Terms, Not HTC's, Judge Says

    Ericsson isn't automatically required to license its standard-essential patents at the much cheaper component level, a Texas federal judge ruled Monday in a major blow to HTC, which has accused the company of trying to overcharge on royalties to license cellular and wireless network SEPs.

  • January 8, 2019

    Fed. Circ. Won't Revive $506M WARF IP Award Against Apple

    The full Federal Circuit will not review a decision that released Apple Inc. from a $506 million damages award in an infringement case brought by the licensing arm of the University of Wisconsin-Madison over a computer processor patent.

  • January 8, 2019

    Erie Insurance Wants Out Of Covering Trademark Fight

    Erie Insurance Exchange is urging a Pennsylvania state judge to free it from providing coverage to a financial planning company facing claims in federal court that it willfully infringed a rival’s marketing slogan trademarks.

  • January 8, 2019

    Costco Can't Sink Tiffany's $21M Diamond Ring TM Win

    A New York federal judge on Monday refused to overturn a $21 million victory for Tiffany & Co. in a trademark lawsuit that accused Costco Wholesale Corp. of improperly using "Tiffany" on diamond rings, setting the stage for a long-awaited appeal to the Second Circuit.

  • January 7, 2019

    High Court Asks SG To Weigh In On $59M Light Sensor Fight

    The U.S. Supreme Court said Monday it wants the solicitor general’s take on a $59 million intellectual property fight that could open a new avenue for patent damages on outside-the-U.S. sales if taken up.

  • January 7, 2019

    High Court Roundup: Justices Refuse To Hear 5 Patent Cases

    The U.S. Supreme Court on Monday rejected appeals in several patent cases, including one in which a $200 million verdict won by Merck was wiped out by an attorney’s purportedly "duplicitous" behavior, and another arguing patent disclosure rules have created "anarchy."

  • January 7, 2019

    Fashion Platform Co. Loses Depo Bid In Stolen-Image Row

    A Texas state court has ruled it isn’t the proper venue for Dallas-based fashion influencer platform rewardStyle to probe whether rivals ShopStyle and PopSugar stole millions of images from its website, after an attorneys for PopSugar and ShopStyle argued they didn’t have enough contacts in the state.

  • January 7, 2019

    PTAB Upholds Much Of Cannabis Epilepsy Treatment Patent

    The Patent Trial and Appeal Board upheld much of a patent that involves the use of cannabinoids to treat epilepsy, handing a partial win to a unit of GW Pharmaceuticals PLC, a U.K. company known for its marijuana-derived medicines.

  • January 7, 2019

    Lewis Brisbois Hires Former DOJ Cyber Atty In Philly, NY

    Lewis Brisbois Bisgaard & Smith LLP announced Monday that it has landed longtime federal prosecutor Rich Goldberg to come on board as a partner in its cybersecurity and data privacy practice operating out of the firm's New York and Philadelphia offices.

  • January 7, 2019

    Copper Color Tube Can't Be Registered As TM, TTAB Says

    The Trademark Trial and Appeal Board ruled Thursday that an irrigation company couldn’t register copper-colored plastic tubes as a trademark, saying competing companies need to be able to use the same color.

  • January 7, 2019

    High Court Is Asked To Revive Copyright Suit Against NC

    A videographer is asking the U.S. Supreme Court to allow him to sue the state of North Carolina for using his copyrighted footage of a pirate shipwreck without permission, aiming to revive an obscure federal law that has repeatedly been ruled unconstitutional.

  • January 7, 2019

    Justices Seek Feds’ View On Case Limiting Early Alice Wins

    The U.S. Supreme Court on Monday asked for the federal government's take on whether it should hear an appeal of a decision that made it more difficult for judges to invalidate patents early in a case under the high court's Alice decision on patent eligibility.

  • January 7, 2019

    IEX Group Stock Exchange Can't Dodge Nasdaq's Patent Suit

    The stock exchange IEX Group Inc. must face all but one of Nasdaq Inc.'s claims accusing IEX of violating seven of its patents dealing with electronic trading platform technologies, a New Jersey federal judge ruled Friday.

  • January 7, 2019

    Siding With FX, High Court Won't Hear 'Feud' Fight

    The U.S. Supreme Court on Monday said it wouldn't hear a closely watched case filed by actress Olivia de Havilland over the way she was portrayed in the FX docudrama "Feud: Bette and Joan."

  • January 6, 2019

    Munck Wilson Expands To West Coast With Hecker Tie-Up

    Texas-based Munck Wilson Mandala announced Friday that it is joining forces with Los Angeles-based The Hecker Law Group in order to create a powerful presence in one of the nation’s largest tech economies.

  • January 4, 2019

    USPTO Patent Eligibility Revamp Expected To Cut Rejections

    The U.S. Patent and Trademark Office released new guidance for examiners on when applications contain patent ineligible material like abstract ideas, a move attorneys say will likely lead to fewer patent applications being rejected on eligibility grounds.

  • January 4, 2019

    HTC Asks Justices To Limit Where Foreign Cos. Face IP Rows

    The U.S. Supreme Court should review a dispute over telecommunications patents asserted against HTC so the high court can rectify the Federal Circuit’s refusal to limit where foreign companies can be sued for patent infringement, the Taiwan-based smartphone company argued Friday.

Expert Analysis

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • ITC Clarifies Duty Of Respondents After Corporate Restructure

    Bryan J. Vogel

    The U.S. International Trade Commission's recent decision in Certain Subsea Telecommunications Systems is a cautionary tale for respondents undergoing corporate reorganizations — the onus is on the respondent to inform the ITC and the complainant of the changes, say Bryan J. Vogel and Derrick J. Carman of Robins Kaplan LLP.

  • What High Court Will Consider In Helsinn On-Sale Bar Case

    David Bassett

    In Helsinn v. Teva, the U.S. Supreme Court will resolve whether nonpublic sales or offers to sell still qualify as prior art under the post-America Invents Act on-sale bar. Ahead of Tuesday's oral argument, David Bassett and Christine Duh of WilmerHale examine the briefing from both sides.

  • Tangible Property Sales Taxes Don't Apply To Intangibles

    Craig Fields

    Recent tax decisions in Pennsylvania and Michigan highlight taxing authorities' unsuccessful attempts to assert sales and use tax on products and services that use new technologies not contemplated by old taxing statutes, say Craig Fields and Rebecca Balinskas of Morrison & Foerster LLP.

  • Fed. Circ. Judges Disagree On Section 103 Patent Validity

    Tony Pezzano

    The Graham v. John Deere standard for evaluating the obviousness of a claimed invention has been in place for more than 50 years, but several recent Federal Circuit decisions have adopted a different approach. Now two lines of cases are developing, say Tony Pezzano and Michael Dougherty of DLA Piper.

  • Fed. Circ. Further Expands Appellate Review Of IPR

    Christopher Loh

    The decision this month in Arista v. Cisco illustrates the Federal Circuit’s expanding jurisdiction over inter partes review issues that previously were considered unreviewable, says Christopher Loh of Venable LLP.

  • The Future Of Intellectual Property Imports In China

    Holly White

    As China's intellectual property enforcement system is strengthened, and its consumer market grows in size and sophistication, there are increasingly more and better opportunities for foreign businesses to bring their IP into the country, says Holly White, a technology consultant at Rouse & Co.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Opinion

    A Call For Nationwide Consistency On Noncompetes

    Steven Kayman

    There is something to be said for and against all of the various approaches taken to address the nettlesome problem of noncompetes. But little can be said to justify what we now have — a complex quilt work of varying laws and rules, say Steven Kayman of Proskauer Rose LLP and Lauren Davis, a law clerk with the New Jersey Superior Court​​​​​​​.

  • The Narrow Meaning Of Asacol Class Action Ruling

    Fred Isquith

    Following the First Circuit's decision last month in the Asacol antitrust litigation, some predicted the end of the Rule 23 class action process. While there is much of interest in the opinion, early comments overstated the court’s concerns and views, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.