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Intellectual Property

  • October 26, 2018

    Allergan, Tribe Want IPRs Blocked As They Turn To High Court

    Allergan PLC and the St. Regis Mohawk Tribe on Friday urged the Federal Circuit to stay its ruling that the tribe can face inter partes reviews as it takes the case to the U.S. Supreme Court, arguing that if it has to sit through patent challenges in the interim, its “sovereign immunity would be irretrievably lost.”

  • October 26, 2018

    Qualcomm Can Pursue $5B Trade Secrets Case Against Apple

    Qualcomm may amend its case against Apple to include new allegations that the iPhone maker exposed Qualcomm's trade secrets to engineers who were working on a competing product with Intel, a California state judge has tentatively ruled.

  • October 26, 2018

    Former Construction Co. Employees Blast Trade Secrets Suit

    Three construction company ex-employees accused of conspiring to set up a rival firm during their work time and stealing trade secrets asked an Illinois federal judge Thursday to dismiss the suit, arguing their former employer did not require them to sign a noncompete agreement.

  • October 26, 2018

    Disney Stores Not Enough To Keep Toy Patent Suit In Texas

    A lawsuit against The Walt Disney Co. over an interactive toy patent has been sent to California after a federal judge decided retail stores owned by a Disney subsidiary didn’t provide a basis for keeping the case in Texas.

  • October 26, 2018

    Off-Road Tire TM Dispute Detoured Into Arbitration

    Camso USA can resolve trademark ownership questions in a dispute with rival industrial tiremakers in arbitration after a Georgia federal judge granted its request Thursday, saying he was “not free to deny” it.

  • October 26, 2018

    Brand Battles: Tequila, Major League Baseball, Apple

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Mexico's tequila watchdog enforces its newly won certification mark, a Major League Baseball club takes aim at a charity for children with life-threatening illnesses, and Apple touts its classroom bona fides to stop an "Apple" education trademark.

  • October 26, 2018

    Health Co. Wants WebMD Trade Secrets Row In State Court

    A Houston-based online health care services provider has urged a Texas federal judge to throw out WebMD's lawsuit seeking a declaration it didn't steal trade secrets, arguing there was never an agreement to hash out the dispute in the Western District of Texas.

  • October 26, 2018

    11th Circ. Orders New Trial Over Incontinence IP Fraud

    The Eleventh Circuit has ordered a new trial to determine the damages Hollister Inc. is owed in its lawsuit accusing a medical device maker of concealing the licensing of intellectual property relating to a bowel management product it sold to Hollister.

  • October 26, 2018

    High Court To Address Rift On Bankrupt Brands' Trademarks

    The U.S. Supreme Court said Friday that it would hear a case over what happens to a trademark license when the brand owner goes bankrupt, a question that has quietly led to a deep circuit split.

  • October 26, 2018

    High Court To Decide If Gov’t Can Challenge Patents

    The U.S. Supreme Court decided Friday to hear a case that will determine whether the federal government can challenge patents under the America Invents Act, agreeing to consider Return Mail Inc.’s argument that the government is not a “person” permitted to file AIA petitions.

  • October 25, 2018

    Iancu Unveils Plan To Ease Patent Amendments At PTAB

    Declaring it to be "a new day" at the Patent Trial and Appeal Board, U.S. Patent and Trademark Office Director Andrei Iancu said Thursday that the office will soon propose new rules aimed at making it easier to amend patents in America Invents Act reviews.

  • October 25, 2018

    USPTO Can't Pause Patent Fee Row To Mull High Court Bid

    A federal judge is refusing a request from the U.S. Patent and Trademark Office to stay a patent case, saying he won’t hit pause while the government mulls a trip to the U.S. Supreme Court in defense of the agency’s controversial policy on attorneys’ fees. 

  • October 25, 2018

    PTAB Nixes Part Of Garage Door Opener Patent Upheld By ITC

    The Patent Trial and Appeal Board invalidated part of a Chamberlain Group Inc. patent covering a garage door opener on Wednesday, months after the U.S. International Trade Commission found the maker of Ryobi garage door openers infringed and the commission ordered an import ban.

  • October 25, 2018

    PTAB Applies AIA On-Sale Bar, Nixes Aircraft Potty Patent

    The Patent Trial and Appeal Board has invalidated claims of two B/E Aerospace patents covering compact design for aircraft quarters such as lavatories, finding that B/E's sale of its lavatory structure to Boeing, Delta and United Airlines triggered the on-sale bar of one of the patents under the America Invents Act.

  • October 25, 2018

    Phone Buyers Tell 9th Circ. To Reject Qualcomm Cert. Appeal

    A group of cellphone buyers is urging the Ninth Circuit to reject Qualcomm's appeal of class certification of roughly 250 million cellphone buyers who allegedly paid overages stemming from the chipmaker's anti-competitive licensing practices, arguing that the company may only challenge certification after the suit runs its course.

  • October 25, 2018

    USPTO Plans To Simplify, Speed Up Patent Examinations

    The U.S. Patent and Trademark Office said Thursday it will begin rolling out an initiative next week to simplify and speed up the patent examination process by automatically importing some information submitted by patent applicants into their related applications.

  • October 25, 2018

    Pizza Puff Rip-Off Leads To $220K Verdict

    Chicago restaurant supplier El-Greg Inc. owes competitor Illinois Tamale Co. $220,000 after an Illinois federal court jury found Thursday that it had infringed Illinois Tamale’s trademark on Pizza Puffs by selling a similar product.

  • October 25, 2018

    Exforge Generic Deal Is Clear Antitrust Violation, Court Told

    A proposed class of drug buyers told a New York federal court Wednesday that an agreement between Novartis Pharmaceuticals Corp. and Par Pharmaceutical Inc. that allegedly delayed the launch of a generic version of hypertension medication Exforge is illegal on its face and doesn’t need a closer look.

  • October 25, 2018

    Full Fed. Circ. Urged To Rehear 'Blocking Patents' Ruling

    Acorda Therapeutics Inc. urged the full Federal Circuit on Wednesday to reconsider an earlier ruling invalidating several patents covering its flagship multiple sclerosis drug Ampyra, arguing that the decision “radically expands” the so-called blocking patent doctrine and may hinder pharmaceutical innovation.

  • October 25, 2018

    Dish Wins $90M In SetTV Set-Top Box Subscription Scheme

    A Florida federal judge on Wednesday awarded $90.1 million in damages to Dish Network LLC in a Federal Communications Act suit over a scheme by SetTV to stream unauthorized Dish content to subscribers who purchased SetTV set-top boxes.

Expert Analysis

  • Opinion

    Congress Shouldn’t Overturn EBay Patent Injunction Standard

    Thomas Cotter

    A bill pending in Congress would overturn the U.S. Supreme Court’s 2006 decision in eBay v. MercExchange, which held that a patent owner that succeeds in proving infringement isn’t automatically entitled to an injunction. To understand why the proposal should be rejected, it’s important to recognize that patent law is all about balance, says Thomas Cotter, a professor at the University of Minnesota Law School.

  • Biotech Cos. Must Respect Coexisting Gene Editing Patents

    Tyler Cho

    The Federal Circuit's decision in the gene editing technology battle between the University of California and the Broad Institute provides that the two parties' patents can coexist. Biotech companies using this technology should seek licenses from both UC and the Broad Institute, say attorneys at Faegre Baker Daniels LLP.

  • Trends In Hashtags As Trademarks

    Marc Misthal

    Can hashtags be “locked down” the way that clients want? And is trademarking them worth it? Recent cases and direction from the U.S. Patent and Trademark Office are starting to outline the registrability and enforceability of hashtag trademarks, says Marc Misthal of Gottlieb Rackman & Reisman PC.

  • Tips For Tech Cos. Developing Event Sponsorship Deals

    Leon Medzhibovsky

    IBM recently partnered with the U.S. Open to offer tennis fans a digital experience. This type of deal offers numerous benefits, but companies seeking to leverage their innovative technology in exchange for sponsorship packages should be aware of certain legal issues, say Leon Medzhibovsky and Airina Rodrigues of DLA Piper.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Surveying The Cannabis Patent Litigation Landscape

    Tryn Stimart

    As the cannabis market continues to grow, patent infringement suits will abound contingent on federal legalization. Some in the industry worry that many current cannabis patent claims are overbroad, but the availability of post-grant proceedings may provide a solution, say Tryn Stimart and Jean Dassie of Gibbons PC.

  • Tallying Repetitive Inter Partes Review Challenges

    Steven Carlson

    We analyzed the petitioning practice of the top five filers of inter partes review — Apple, Samsung, Google, Microsoft and LG — and it is clear that serial, overlapping petitions are commonplace at the Patent Trial and Appeal Board, even by a single entity, say Steven Carlson and Ryan Schultz of Robins Kaplan LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Opinion

    FTC's Public Hearings Will Be Valuable

    David Balto

    On Thursday, the Federal Trade Commission began a series of hearings on competition and consumer protection in the 21st century. These events are an important first step in guiding enforcement priorities, says David Balto, a former policy director of the FTC Bureau of Competition.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.