Intellectual Property

  • February 6, 2018

    Adocia Adds $200M To Arbitration Demand Against Eli Lilly

    French biopharmaceutical company Adocia SA is seeking over $200 million more in damages from Eli Lilly and Co. in arbitration over an abandoned partnership on the diabetes treatment BioChaperone Lispro, adding claims that Lilly misused Adocia's trade secrets and breached confidentiality agreements.

  • February 6, 2018

    Rubik's Cube TMs Obtained By Fraud, Rival Co. Says

    A puzzle company called Cubicle Enterprises has sued the maker of the Rubik’s Cube in New York federal court, alleging that a number of its trademark registrations on the iconic toy were “fraudulently procured.”

  • February 6, 2018

    Amazon Sues To Protect Web Service Users From Patent Suits Inc. went to bat for customers of its web services tools in California federal court Tuesday with a lawsuit seeking to end an infringement litigation campaign by a nonpracticing entity, arguing the patent holder had already lost its case when it dropped claims against Amazon itself.

  • February 6, 2018

    Photog Wants To Exterminate Use Of Ant, Roach Pics

    An insect photographer whose pictures have been used by National Geographic and the Smithsonian hit a pest control company with a $2.7 million suit in Texas federal court, alleging that it wrongly used his photos of ants and cockroaches on its website.

  • February 6, 2018

    Ballard Spahr Sued For Malpractice Over IP Rental Advice

    Ballard Spahr LLP is facing malpractice claims over allegedly bad advice that a Philadelphia-area medical supply company says it received from attorneys with the former Lindquist & Vennum LLP, which merged with Ballard Spahr in September, over its ability to rent patented laser technology.

  • February 6, 2018

    ITC Bars Imports Of Certain Chinese Aerogels

    The U.S. International Trade Commission on Monday barred entry into the U.S. of certain aerogels from China, four months after an administrative law judge found that products imported by two companies infringe the asserted claims of three patents.

  • February 5, 2018

    Edible Arrangements Hits Google With $209M TM Suit

    Google Inc. confuses its users by conflating Edible Arrangements with its competitors in search results, the fruit basket company said in a lawsuit seeking $209 million in damages filed Monday in Connecticut federal court against the search engine giant.

  • February 5, 2018

    Morgan Lewis IP Partner Lands San Francisco Magistrate Job

    A Morgan Lewis & Bockius LLP partner focused on antitrust and intellectual property matters has been tapped to fill a magistrate judgeship in the Northern District of California, the court said Monday, making him at least the third intellectual property litigator chosen for the Silicon Valley-area job in two years.

  • February 5, 2018

    Uber Cheated In Self-Driving Car Race, Waymo Tells Jury

    In the race to develop self-driving car technology, Uber was like Rosie Ruiz, the woman who won the Boston Marathon by riding the subway to victory, an attorney for Waymo told a California federal jury during opening statements Monday, saying Uber stole the Alphabet Inc. subsidiary’s trade secrets to “leapfrog” ahead of the competition.

  • February 5, 2018

    Orbital ATK Must Face Rival's Trade Secret Theft Suit

    A Virginia federal judge on Friday trimmed two claims from space technology company SSL’s suit accusing rival Orbital ATK of stealing its trade secrets through a shared NASA server, but refused to toss the suit, saying SSL had adequately pled the majority of its allegations.

  • February 5, 2018

    Chancellor Orders Stockholder Meet For Firm Facing IP Row

    Delaware’s chancellor on Monday ordered deadlocked California medical claims company Avande Inc. to hold a stockholder meeting on Feb. 15, amid allegations of intellectual property breaches, board dysfunction and claims that a holdout director was blocking an election.

  • February 5, 2018

    Amazon, Others Accused Of Infringing Smartphone Patents

    Amazon and other tech companies were sued in Illinois federal court on Monday by a company claiming to hold two patents for a handheld “multimedia device,” and alleging the tech giants were wrongfully profiting off of violating the patents with the sale of their popular smartphones and tablets.

  • February 5, 2018

    Disney Seeks Early Block On Redbox Digital Movie Sales

    Disney on Monday urged the California federal judge overseeing its copyright infringement suit against Redbox to temporarily block the rental kiosk company from selling digital downloads of its movies, while Redbox fought the injunction bid by arguing there's no contractual language in place to prevent its actions.

  • February 5, 2018

    Cornell University Can't Restart Settled Patent Fight

    A Delaware federal magistrate judge Monday told Cornell University that the federal courts can’t restart a settled patent case over allegations it was defrauded by its own co-plaintiff.

  • February 5, 2018

    Producer, Writer Look To Exit TBS Sitcom Ripoff Suit

    The executive producer and writer of a new TBS sitcom on Monday asked to be dismissed from a lawsuit accusing them of stealing the show's premise from a pair of Illinois writers, telling a federal judge they have no ties to Illinois and can't be sued there.

  • February 5, 2018

    Fed. Circ. Backs Toss Of AbbVie's Humira License Suit

    The Federal Circuit on Monday affirmed the dismissal of a declaratory judgment suit AbbVie filed seeking to invalidate a patent it licensed from MedImmune for use in the blockbuster drug Humira, ruling the suit can’t proceed because it wouldn’t resolve the companies’ license dispute.

  • February 5, 2018

    Fed. Circ. Tosses Enhanced Damages In Drain Patent Case

    The Federal Circuit on Monday set aside more than $2.7 million the plumbing supply company WCM Industries Inc. won in a lawsuit against IPS Corp. over patents for bathtub drain assemblies, finding flaws with the analysis the lower court used to enhance damages after a 2015 trial.

  • February 5, 2018

    Lululemon Says Foreign Fraudsters Selling Fake Products

    Lululemon Athletica Canada Inc. slapped several foreign alleged product counterfeiters with trademark infringement claims Monday in Chicago federal court, saying the groups are selling knockoff products that infringe several of the company's trademarks.

  • February 5, 2018

    Ford Fends Off Patent Atty's 'No Poaching' Suit

    A suit from a Michigan lawyer casting herself as the victim of a conspiracy led by a Ford Motor Company lawyer to keep her from getting hundreds of potential jobs should be thrown out, a federal magistrate said Monday.

  • February 5, 2018

    Senate OKs Irell & Manella's Iancu For USPTO Head

    The Senate approved President Donald Trump’s pick to lead the United States Patent and Trademark Office Monday, confirming Irell & Manella LLP managing partner Andrei Iancu with a largely bipartisan vote.

Expert Analysis

  • Fed. Circ.'s 2017 Patent Decisions: A Statistical Analysis

    Dan Bagatell

    The Federal Circuit does not explain how it calculates its case statistics, and the high level at which the court presents the data obscures the juicy details. So about a year ago I began tracking the disposition of every Federal Circuit decision involving patent law — more than 450 cases in calendar year 2017, says Dan Bagatell of Perkins Coie LLP.

  • Good News For Trade Secret Actions At ITC

    Alex Lasher

    A Wisconsin federal court's recent holding in Manitowoc v. Sany provides further incentive for complainants to use Section 337 to adjudicate trade secret misappropriation claims in the future. But there are limitations, say Alex Lasher and Jared Newton of Quinn Emanuel Urquhart & Sullivan LLP.

  • Continuing Uncertainty On Scope Of IPR Petitioner Estoppel

    Arpita Bhattacharyya

    Recent cases provide valuable guidance on the application of inter partes review estoppel, and the news is heartening for IPR petitioners. But the divergent approaches taken by the Patent Trial and Appeal Board and the district courts have continued to muddle the issue, say Arpita Bhattacharyya and Barbara McCurdy of Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • New Year's IP Resolutions For Companies

    Ann Fort

    As we all look to improve in the new year, there are seven best practices that everyone with a patent and trademark portfolio should put on their to-do list, say attorneys with Eversheds Sutherland LLP.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • PTAB Deals A Crippling Blow To Sovereign Immunity

    Desmond O'Sullivan

    The Patent Trial and Appeal Board recently confirmed that while Eleventh Amendment immunity does apply to sovereign actors, those actors waive immunity when filing patent infringement lawsuits. Given that 80 percent of inter partes reviews involve patents in parallel litigation, this order markedly blunts sovereign immunity strategies, says Desmond O'Sullivan of Morrison & Foerster LLP.

  • Will ITC Become The Forum Of Choice For Patent Litigation?

    Jamie McDole

    For patent owners looking for an alternative forum in the wake of TC Heartland and Cray, U.S. International Trade Commission Section 337 investigations offer many benefits. Respondents also stand to benefit from the procedural differences at the ITC, say Jamie McDole and Tiffany Cooke of Haynes and Boone LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • The Hottest Patent Law Issues Of 2017

    Lawrence E. Ashery

    As we start the new year, Lawrence E. Ashery of Caesar Rivise PC looks back at the 12 most important patent law opinions of 2017.