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Intellectual Property

  • November 8, 2018

    Del. Jury Finds Flexus Took Incyte Secrets, Nixes Damages

    A Delaware jury agreed Wednesday that Flexus Biosciences Inc. and two top officers misappropriated cancer drug trade secrets from Incyte Corp., but rejected unjust enrichment claims that could have rung up a more-than-$1 billion damage award.

  • November 8, 2018

    Exforge Deal ‘More Pernicious’ Than Actavis, Court Told

    An alleged deal between Novartis and Par Pharmaceutical to delay a generic of hypertension medication Exforge is illegal because it was far more anticompetitive than what the U.S. Supreme Court dealt with in its landmark Actavis decision, Walgreens and Kroger told a New York federal court Wednesday.

  • November 8, 2018

    Wi-Fi One Takes Broadcom Patent Dispute To High Court

    The Federal Circuit skirted fundamental legislative standards when it upheld a patent board ruling that Broadcom Corp.’s challenges to Wi-Fi One LLC’s messaging patents were not time-barred, Wi-Fi One argued in a bid for a U.S. Supreme Court review of the decision.

  • November 8, 2018

    Architectural Firm Tries To Duck Stadium Roof Design Suit

    A Michigan-based architectural firm has asked a New York federal court to dismiss a suit alleging it and other firms stole designs for retractable stadium roofs, saying the district has no jurisdiction over the firm since it has no employees or place of business there.

  • November 8, 2018

    Cooley Can Stay In Trade Secrets Suit Over Genomics Data

    Cooley LLP can continue representing a former executive in a trade secrets suit brought by a health and genetics data company, a California federal judge ruled on Thursday, finding no conflict of interest arising from the firm’s representation of the company in a previous trade secrets dispute.

  • November 8, 2018

    McCarter & English Adds IP Duo In Boston

    McCarter & English LLP has added a pair of attorneys experienced in life sciences as intellectual property partners in its Boston office, the firm has announced.

  • November 8, 2018

    Patent Venue Questions Persist 18 Months After TC Heartland

    Eighteen months after the U.S. Supreme Court limited where patent suits can be filed, courts continue to wrestle with questions about venue rules. Here is a look at recent decisions that have provided some guidance.

  • November 8, 2018

    Insurer Sues To Duck Covering Stanley Cup Stein TM Suit

    Sentinel Insurance Company Ltd. on Wednesday sued two companies that sell beer steins resembling the Stanley Cup to avoid paying for their defense in a trademark infringement suit brought by the National Hockey League, telling an Illinois federal court that a litany of exclusions apply to bar coverage.

  • November 7, 2018

    Samsung Infringed Licensing Co.'s Patent, Owes $5.9M

    An Eastern District of Texas jury has slapped Samsung with a $5.9 million verdict, finding it infringed two claims of German intellectual property licensing company Papst’s patent covering data transfers that occur in smartphones and tablets.

  • November 7, 2018

    Jurisdiction Hearing Ordered In Fla. Trade Secrets Suit

    A Florida state appeals court said Wednesday that a lack of “essentially undisputed” facts presented by software maker Citrix Systems and former North Carolina-based employees it sued for allegedly misappropriating trade secrets necessitates a hearing to determine whether Florida courts can hear the case.

  • November 7, 2018

    Fed. Circ. Upholds PTAB Nix Of Blood-Clotting Patent

    The Federal Circuit on Wednesday upheld a ruling by the Patent Trial and Appeal Board invalidating a patent for treating blood clotting by administering an active form of the blood thinner Plavix, agreeing with the board that the patent was obvious in light of prior art.

  • November 7, 2018

    Trump's Acting AG Linked To Patent Scam Shuttered By FTC

    Matthew G. Whitaker, whom President Donald Trump appointed acting attorney general Wednesday after firing Jeff Sessions, served as a board member at a so-called invention promotion company that the Federal Trade Commission shut down last year on allegations that it “bilked millions from consumers.”

  • November 7, 2018

    Alibaba Beats Cryptocurrency Co.’s Bid To Dismiss TM Suit

    A New York federal judge on Wednesday rejected a bid by a cryptocurrency company called the Alibabacoin Foundation to dismiss a trademark suit by the Chinese digital commerce company Alibaba Group Holding Ltd., saying he has already made clear that the case has legs.

  • November 7, 2018

    HTC Compelled To Arbitrate Antitrust Claims, Past SEP Rates

    A Texas federal court on Wednesday granted a request from Ericsson Inc. to arbitrate HTC America Inc.’s claims that it overpaid in the past for cellular and wireless standard-essential patent licenses, separating them from HTC’s bid to get a better rate set moving forward.

  • November 7, 2018

    SAG-AFTRA Can't Silence Musician's Suit Over Service Fees

    A songwriter’s putative class action alleging the Screen Actors Guild‐American Federation of Television and Radio Artists overcharged session musicians and backup singers largely survived dismissal Tuesday as a California federal judge found most claims were properly stated.

  • November 7, 2018

    PTAB Takes Wide View Of Estoppel In Axing Patent Challenge

    The Patent Trial and Appeal Board on Tuesday ruled Kingston Technology’s challenge to a data security patent was barred by the America Invents Act’s estoppel provision, taking a broader view than the company on the provision’s reach.

  • November 7, 2018

    Will FTC Win 'Radically Reshape' Cell Patent Licensing?

    Chipmakers and other tech companies holding standard-essential patents may no longer be able to unilaterally dictate how they license those patents, and to whom, after a California federal judge granted the Federal Trade Commission an important procedural win Tuesday for its upcoming antitrust trial against Qualcomm.

  • November 7, 2018

    F-Squared Trustee Reaches Deal In Algorithm Licensing Row

    The liquidating trustee for F-Squared Investment Management LLC is asking the Delaware bankruptcy court to approve a settlement with the financial technology company he says licensed F-Squared the untested trading algorithm that sent it into bankruptcy.

  • November 7, 2018

    Pizza Puffs Maker Waited Too Long To Sue, Rival Says

    A Chicago pizza puff maker told an Illinois federal court Wednesday that a $220,000 verdict from a rival's trademark infringement suit should be cut down, arguing the competing bakery waited too long to sue after first sending a cease and desist letter.

  • November 7, 2018

    Fed. Circ. Upholds Nix Of Analytics Patent Under Alice

    The Federal Circuit on Wednesday refused to revive technology company PurePredictive Inc.'s claims that an open-source software company ripped off its predictive analytics patent, leaving in place a lower court's ruling saying the patent is too abstract to be valid.

Expert Analysis

  • How To Return To One Patent, One Invention: Part 2

    Michelle Clark

    Continuation practice can be abused by patentees to manipulate the infringement damages analysis in their favor. Courts can start to unstack the deck by adopting a bright-line rule for the hypothetical negotiation date, say attorneys from Quinn Emanuel Urquhart & Sullivan LLP.

  • 10 Lessons On Blockchain And Open-Source Licenses

    James Gatto

    On their own, blockchain technology, open-source software and patents each present complex legal issues, but when combined, the complexity and misunderstandings of these three topics are magnified, says James Gatto of Sheppard Mullin Richter & Hampton LLP.

  • How To Return To One Patent, One Invention: Part 1

    Michael Powell

    More than 100 years ago, the U.S. Supreme Court set forth, as a fundamental rule of U.S. patent law, that a patentee is entitled to only one patent per invention. However, now the practice of “continuation” applications permits an inventor to receive numerous issued patents ostensibly for the same invention, say attorneys from Quinn Emanuel Urquhart & Sullivan LLP.

  • New EU Patent Guidelines May Affect Companies' AI Strategy

    Jennifer Maisel

    As compared to the European Patent Office’s guidelines for artificial intelligence and machine learning — which take effect on Thursday — the U.S. eligibility framework may prove to be more favorable to innovators, say Jennifer Maisel and Eric Blatt of Rothwell Figg Ernst & Manbeck PC​​​​​​​.

  • Copyright Of 'Frankenstein': 5 Things To Know

    David Kluft

    ​This year marks the 200th anniversary of "Frankenstein," and Halloween is ​the perfect time to ​explore the horror novel's relationship to copyright law, says David Kluft of Foley Hoag LLP.

  • Patent Agent Privilege Under New PTAB Claim Construction

    Linda Nattler

    With the shift to the Phillips standard for claim construction before the Patent Trial and Appeal Board, patent agents are now in a position to apply two different validity standards during prosecution and in post-grant proceedings, which raises privilege questions, say Linda Nattler and Robert Shereda of Brinks Gilson & Lione.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • ITC Lowers The Bar For Section 337 Domestic Industry

    Paul Goulet

    In a recent U.S. International Trade Commission investigation, complainant BiTMICRO was able to rely upon its research and development investments to satisfy the domestic industry requirement without meeting the higher legal threshold usually required for R&D, say Paul Goulet and Cyrus Frelinghuysen of Winston & Strawn LLP.

  • Litigation Options For Post-Cyberattack 'Active Defense'

    Alexander Berengaut

    While the legal and policy debates raised by the proposed Active Cyber Defense Certainty Act are important, they often overlook the fact that victims of hostile cyber activity may already be able to engage in the types of “active defense” measures that the act would expressly authorize, say Alexander Berengaut and Tarek Austin of Covington & Burling LLP.