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Intellectual Property

  • January 15, 2019

    Wabtec Raps 'Desperate' Siemens In $8.3M Railroad IP Suit

    Westinghouse Air Brake Technologies Corp. on Tuesday called a battery of Siemens Mobility Inc. patent infringement claims "desperate" gambits by a latecomer to the U.S. rail safety market, during opening statements in Delaware for a nine-day $8.3 million federal jury trial.

  • January 15, 2019

    Fed. Circ. Upholds Apple’s $440M Loss In VirnetX Patent Case

    The Federal Circuit on Tuesday upheld a $440 million Eastern District of Texas judgment that Apple Inc. infringed four VirnetX Inc. network security patents, although it put off ruling on whether to affirm Patent Trial and Appeal Board decisions invalidating the patents.

  • January 15, 2019

    Fed. Circ. OKs PTAB Decision Letting Patentee Amend Claims

    The Federal Circuit on Tuesday upheld the Patent Trial and Appeal Board’s decision to let the owner of an automotive patent amend some claims in an inter partes review after the claims were deemed invalid, leaving in place a rare ruling by the board that found proposed substitute claims patentable.

  • January 15, 2019

    Celebrity News Blog Sued Over Photo Of Hernandez's Fiancee

    Gossip website Hollywoodlife.com has become the latest media outlet sued by photography agency Polaris Images Corp. for allegedly publishing a photograph of the late NFL player Aaron Hernandez's pregnant former fiancée without permission.

  • January 15, 2019

    Drink Co. Wants Bradley Arant DQ'd After Jump To Rival

    A coffee and tea company facing a patent infringement suit over its sweet tea drink told an Alabama federal court its attorneys of nearly a decade at Bradley Arant Boult Cummings LLP dumped the company and entered an appearance for the other side in the case less than an hour later.

  • January 15, 2019

    PTAB To Review Patent At Center Of Qualcomm, Apple Fight

    The Patent Trial and Appeal Board agreed Tuesday to review a Qualcomm Inc. patent related to cellular technology that some Apple Inc. iPhones were previously found to infringe, saying parts of the patent are likely invalid.

  • January 15, 2019

    IP Group Of The Year: Fish & Richardson

    Fish & Richardson PC successfully overturned two major jury verdicts — including the largest patent infringement award in U.S. history — for its client Gilead Sciences Inc., while also notching victories for companies such as Altair Engineering Inc. and Velcro USA Inc., earning the firm a spot among Law360's Intellectual Property Practice Groups of the Year.

  • January 15, 2019

    Edwards Pays Boston Scientific $180M, Ending All IP Fights

    Edwards Lifesciences Corp. has agreed to pay Boston Scientific Corp. $180 million to settle all patent litigation worldwide tied to coronary repair devices, the companies announced Tuesday.

  • January 15, 2019

    Heinz Faces Trademark Suit Over New 'Mayochup' Sauce

    The Kraft Heinz Co. was hit with a trademark lawsuit Monday over its recent launch of a mayonnaise-ketchup spread called "Mayochup," a name that a Louisiana sauce maker says is too much like the "Metchup" he has used for a decade on his similar product.

  • January 14, 2019

    Oracle, Rimini Spar At High Court Over Copyright Costs

    Attorneys for Oracle and a technical support service called Rimini Street Inc. faced off Monday before the U.S. Supreme Court over how much a winning copyright litigant can recoup in legal bills, offering the justices sharply divergent views on what lawmakers meant by “full costs.”

  • January 14, 2019

    Comcast Sued Again Over DVR Tech In TiVo IP Battle

    A TiVo Corp. unit filed new patent infringement allegations Monday in California federal court over the digital video recording technology in Comcast Corp.'s set-top boxes, despite the Patent Trial and Appeal Board finding related patents to be invalid.

  • January 14, 2019

    GTC Law Group Settles Chancery Fight Over IP Asset Sale

    GTC Law Group told a Delaware Chancery Court judge Monday that it had reached a settlement deal for a temporary restraining order with a secured lender of its client Osterhout Group Inc. that will allow a sale of the technology company to move forward while setting aside up to $700,000 in unpaid legal fees.

  • January 14, 2019

    Allergan's Attack On Drug Compounding Falls Flat

    A California federal judge has rejected Allergan Inc.’s high-stakes effort to make many drug compounding activities unlawful, saying he will defer to the U.S. Food and Drug Administration’s decision to allow the activities.

  • January 14, 2019

    Fed. Circ. Affirms Generics Win In Colitis Patent Suit

    The Federal Circuit on Monday upheld a lower court ruling that cleared Teva Pharmaceutical Industries Ltd. and Alvogen Pine Brook LLC of patent infringement in a lawsuit over the companies’ generic versions of the colitis medication Uceris.

  • January 14, 2019

    Baker Botts Defeats Takeda’s DQ Bid In Heartburn Drug Fight

    Baker Botts LLP can continue representing Zydus Pharmaceuticals as it pursues antitrust claims against Takeda over a heartburn medication, despite the law firm’s prior representation of Takeda’s ally in patent litigation over the same drug, a New Jersey federal judge said in a ruling made public Friday.

  • January 14, 2019

    Mylan Fights To Put Consumer On Stand In Celgene Clash

    Mylan told a New Jersey federal court Friday that a consumer witness should be allowed to testify in its suit accusing Celgene of stifling generic competition for two cancer drugs because Celgene already has most of the information it needs from him.

  • January 14, 2019

    Parties In CBM Review Spar Over New Eligibility Guidance

    A patent owner and a company challenging four of its patents at the Patent Trial and Appeal Board have filed dueling briefs at the board’s request about whether the patents cover ineligible subject matter under guidance the office issued to examiners this month.

  • January 14, 2019

    Allergan, St. Regis Urge Justices To OK PTAB Tribal Immunity

    Allergan Inc. and the Saint Regis Mohawk Tribe have urged the U.S. Supreme Court to decide whether tribal immunity applies at the Patent Trial and Appeal Board, arguing the Federal Circuit has strayed from the justices’ precedent about how patent reviews are characterized.

  • January 14, 2019

    Ethicon Gets One Covidien Claim Tossed In Patent Dispute

    A Boston federal judge on Monday dropped one of several patent infringement claims brought by Covidien LP in a lawsuit headed to trial later this year against competitor Ethicon Endo-Surgery Inc. over a surgical device.

  • January 14, 2019

    Door Maker Seeks New Trial After $185M Antitrust Verdict

    A North Carolina-based door part supplier urged a Virginia federal judge Friday to order a new trial after a jury returned a $185 million antitrust verdict against it, arguing that an order bifurcating the trial prevented the jury from hearing vital evidence.

Expert Analysis

  • Opinion

    A Call To Permit Judicial Substitution In MDL Proceedings

    Doug Smith

    While several proposed changes to multidistrict litigation procedures may be warranted and appropriate, consideration should be given to a modest modification of the judicial selection process, says Doug Smith of Kirkland & Ellis LLP.

  • Guest Feature

    Judge Weinstein On Activism, Gobbledegook, Going Robeless

    Judge Jack Weinstein

    Judge Jack Weinstein has served in the Eastern District of New York for over half a century. White and Williams LLP attorney Randy Maniloff visited his Brooklyn office to find out what makes the 97-year-old jurist tick.

  • Rule 36 Affirmance Can Have Preclusive Effect At PTAB Too

    Adam Fowles

    The Federal Circuit has found that Rule 36 affirmances may collaterally estop a party in district court proceedings. Last month's decision in VirnetX v. Apple further applied the use of Rule 36 affirmances to collaterally estop arguments arising from Patent Trial and Appeal Board decisions, says Adam Fowles of Haynes and Boone LLP.

  • What To Expect From Technology-Assisted Review In 2019

    Thomas Gricks

    2018 will be remembered as a transition year for technology-assisted review, and 2019 will likely see a continued focus on how we use TAR, with refinement and expansion across the board, says Thomas Gricks of Catalyst Repository Systems LLC.

  • Coordinating Patent Strategies Across PTAB And EPO

    Drew Schulte

    The positions, arguments and prior art raised in U.S. post-grant proceedings at the Patent Trial and Appeal Board may influence European Patent Office oppositions involving counterpart cases. Understanding the procedural similarities and differences between the two jurisdictions is key, says Drew Schulte of Haley Guiliano LLP.

  • Fed. Circ. Patent Decisions In 2018: An Empirical Review

    Dan Bagatell

    We can study last year's Federal Circuit cases to test the stereotypes that certain judges are pro- or anti-patent. Few would peg Judge Pauline Newman as a centrist and Chief Judge Sharon Prost as the third-most patent-friendly judge on the court, but so it was in 2018, says Dan Bagatell, leader of Perkins Coie LLP's patent appellate practice.

  • 2019 Will Bring More Good News For Litigation Finance

    Alan Guy

    Last year saw another round of year-over-year growth in litigation finance, as debates shifted from whether it should be permitted to how it can best be managed. The exciting news, says Alan Guy of Vannin Capital PCC, is that 2019 seems likely to bring more of the same.

  • Recalibrating Your Use Of PTAB In Defense Litigation Strategy

    Mike Hendershot

    Challenging patents at the Patent Trial and Appeal Board remains a valuable option in appropriate cases. But racing to challenge all claims of a patent as quickly as possible now comes with substantially more downside, due to three recent developments, say attorneys with Jones Day.

  • Why More Law Firms Will Embrace Remote Work In 2019

    Tomas Suros

    Leveraging technology in a fiercely competitive market is a key factor driving law firms toward technology adoption in 2019, as they face growing demand from legal talent and clients for the ability to connect, access and control information whenever and wherever needed, says Tomas Suros of tech provider AbacusNext.

  • The Hottest Patent Law Issues Of 2018

    Lawrence Ashery

    To kick off 2019, Lawrence Ashery of Caesar Rivise PC takes a look back at the most important patent law opinions from the last year.