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Intellectual Property

  • November 16, 2018

    Fed. Circ. Revives Computer Security Patent Axed Under Alice

    The Federal Circuit on Friday reversed a lower court ruling that a computer security patent asserted against HTC Corp. is invalid under the U.S. Supreme Court’s Alice standard, saying the patent is not directed to an abstract idea.

  • November 16, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a new suit against Credit Suisse over debt investment, Kuwait's social security agency take on Man Group, and Allianz and several food distributors sue one of the world's biggest container shipping companies. Here, Law360 looks at those and other new claims in the U.K.

  • November 16, 2018

    Brand Battles: Eagles Aim To Sack 'Philly Special' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Philadelphia Eagles file their first case over the trademark rights to their famous “Philly Special” trick play, and Warner Bros. says there's no place like TTAB to file a case over a "Wizard of Oz"-themed craft beer.

  • November 16, 2018

    Texas Justices To Review Conspiracy Time-Limit Rule

    A case that a lower appellate judge argued would give the Texas Supreme Court a chance to clarify “murky” and “muddled” precedent that sets a two-year limit to bring civil conspiracy claims will be argued before the state's high court in January, the justices announced Friday.

  • November 16, 2018

    IP Hires: Robins Kaplan, McCarter & English, Womble Bond

    In this week’s round of intellectual property attorney moves, Robins Kaplan added a partner with more than 20 years of experience in patent litigation, McCarter & English landed two IP partners seasoned in life sciences, and Womble Bond found the new head of its Patent Trial and Appeal Board trials practice in California. Here are the details on these and other notable IP hires.

  • November 15, 2018

    Fed. Circ. Says ArcelorMittal Steel Patent Suit Not Barred

    The Federal Circuit has revived a patent infringement suit lodged by ArcelorMittal over certain steel sheets used in auto parts, ruling that the case wasn’t barred after finding it involved products that were substantially different from those at issue in earlier litigation.

  • November 15, 2018

    USPTO Testing AI Software To Help Examiners ID Prior Art

    The U.S. Patent and Trademark Office is testing new software that gives patent examiners additional tools to identify whether a patent application incorporates existing technology, USPTO Director Andrei Iancu said Thursday.

  • November 15, 2018

    Justices Urged To Ax Fed. Circ. Ruling Restricting Alice

    The Electronic Frontier Foundation and T-Mobile, among others, have urged the U.S. Supreme Court to overturn a Federal Circuit decision that made it harder for courts to quickly invalidate patents for claiming patent-ineligible material, saying that the ruling has far-reaching consequences for patent litigation and innovation.

  • November 15, 2018

    DraftKings, FanDuel Say Ind. Ruling Ends Athlete IP Suit

    DraftKings and FanDuel told the Seventh Circuit on Wednesday that claims they violated college athletes' publicity rights by using student names, images and statistics in their daily fantasy sports contests should be tossed since the Indiana high court found such use to be newsworthy, although the athletes say there is still an open question as to whether the pay-to-play contests were legal in the state.

  • November 15, 2018

    Fish & Richardson Selects China For 2nd Global Office

    Fish & Richardson PC will make its first foray into China with an outpost in the technology hub of Shenzen, its second international office after Munich, after securing approval from China's Ministry of Justice to open a representative office, the intellectual property powerhouse announced Thursday.

  • November 15, 2018

    Pharma Cos. Must Hand Over Generic Restasis Plans In MDL

    A federal judge has denied three pharmaceutical companies' move to quash subpoenas for information on their plans to make generic substitutes of Allergan’s drug Restasis in multidistrict litigation over its alleged efforts to delay the generic versions’ launch, saying in-house counsel can view the data without compromising confidentiality.

  • November 15, 2018

    Buc-ee's, Rival Store Agree To Drop Logo Suit

    Popular Texas convenience store chain Buc-ee's and Choke Canyon, a competing store that was found by a federal jury to infringe Buc-ee's beaver logo, agreed Thursday to dismiss the lawsuit, meaning the damages portion of the trial won't take place.

  • November 15, 2018

    Fed. Circ. Revives Omaha Steaks Trademark Fight

    Siding with Omaha Steaks, the Federal Circuit on Thursday revived a case aimed at blocking a crosstown meat wholesaler called Greater Omaha Packing Co. from registering its own “Omaha” trademark.

  • November 15, 2018

    Chicago Merc's GC Can't Be Deposed In Trademark Spat

    Intercontinental Exchange Inc. cannot depose the Chicago Mercantile Exchange's general counsel in a trademark suit over CME's risk assessment software because ICE has not proven that the lawyer is the only source of certain information it seeks, an Illinois federal judge ruled Thursday.

  • November 15, 2018

    Holland & Knight Snags Another Reed Smith Pro As Partner

    Holland & Knight LLP has lured a new partner to its New York office — a tech-focused intellectual property associate from Reed Smith LLP, who defended Google against Oracle’s copyright claims in district court.

  • November 15, 2018

    PTAB Declines To Review Foldable Chair Design Patent

    The Patent Trial and Appeal Board has declined to review an Idea Nuova Inc. patent covering the design of a foldable chair, finding that a rival chair maker failed to show how the patent was likely invalid as obvious or anticipated over images on another website.

  • November 14, 2018

    Emerson Says It Doesn't Belong In Ex-Unit's $100M IP Row

    Emerson Electric Co. asked an Illinois federal judge Tuesday to let it out of a $100 million lawsuit claiming its former subsidiary misappropriated trade secrets that caused a rival’s declined lithium-ion battery sales, saying its status as a former parent company makes liability a “factual impossibility.”

  • November 14, 2018

    7th Circ. OKs Sanctions Over Atty's Post-Settlement Fee Filing

    The Seventh Circuit on Wednesday agreed with a lower court that an Indiana lawyer's request for fees in a copyright suit was sanctionable because he did not reveal in his filing that his client had paid to settle the case with prejudice.

  • November 14, 2018

    Pfizer Debuts Biosimilar Of Amgen, Janssen Meds

    Pfizer Inc. on Wednesday announced the launch of a sharply discounted biosimilar version of Amgen Inc.’s Epogen and Janssen Pharmaceuticals Inc.’s Procrit, capping hard-fought development efforts marked by approval setbacks and ongoing patent litigation at the Federal Circuit.

  • November 14, 2018

    PTAB Petitions Spike Ahead Of Claim Construction Change

    Just two weeks in and November is already the year’s busiest month for patent challenges at the Patent Trial and Appeal Board, with petitioners seemingly racing to beat a change to the claim construction standard that went into effect Tuesday.

Expert Analysis

  • A Look At Tax Code Section 199's Last Stand

    Kevin Spencer

    The IRS has increased scrutiny for Internal Revenue Code Section 199 deductions taken against profits from film, computer software, electricity, natural gas, potable water, tangible personal property and certain sound recordings. Though 199 was repealed by tax reform, battles over this contentious deduction are sure to continue for some time, say attorneys at McDermott Will & Emery LLP.

  • New Claim Construction At PTAB: Lessons From ITC Cases

    Sasha Rao

    How will federal courts respond to the Patent Trial and Appeal Board’s shift to the Phillips standard for claim construction? Inferences may be reasonably drawn from their treatment of claim construction by the U.S. International Trade Commission, says Sasha Rao of Oblon McClelland Maier & Neustadt LLP.

  • Deciding The Fate Of Trademark Licenses In Bankruptcy

    Woods Drinkwater

    If the U.S. Supreme Court finds in Mission Product Holdings v. Tempnology that a trademark licensing agreement is fully extinguished upon rejection in bankruptcy, it may cut off a source of revenue for debtor-licensors and risk the livelihood of licensees, say Woods Drinkwater and John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • What We Heard At The FTC Hearings: Days 6 And 7

    Eric Weiss

    The fourth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed innovation and intellectual property. Eric Weiss and Nick Hesterberg of Perkins Coie LLP offer some key takeaways.

  • 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.