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Intellectual Property

  • November 5, 2018

    Jury Award Doubled To $268M In Hearing Aid IP Case

    A California federal judge on Sunday doubled a 2014 jury award and ordered medical device company Cochlear Ltd. to pay more than $268 million in a lawsuit over a hearing-aid implant patent owned by the Alfred E. Mann Foundation for Scientific Research, a medical research organization.

  • November 5, 2018

    Invisalign Maker Says Rival Is Infringing Scanner Cover IP

    The creator of Invisalign and dental scanners accused an Israel-based rival of infringing its design and trademarks covering sterile sleeves for the scanners so it could sell its similar but allegedly inferior product, according to a suit in California federal court.

  • November 5, 2018

    Winston & Strawn Arbitration Clause 'Unconscionable': Panel

    A Winston & Strawn LLP arbitration agreement with a former income partner now suing the firm for gender discrimination carries "the taint of illegality" and is unenforceable, a California appellate court said Friday.

  • November 5, 2018

    Teva Suit Built On 'Tottering Tower Of Conjecture,' FDA Says

    Teva Pharmaceuticals’ high-profile challenge to a new U.S. Food and Drug Administration policy on generic-drug exclusivity is wildly speculative and has virtually no chance of succeeding, the FDA told a D.C. federal judge Friday.

  • November 5, 2018

    Pulling Pre-AIA Patents Violates Due Process, Fed. Circ. Hears

    The Federal Circuit heard arguments Monday regarding whether claims in two patents that relate to a method of preventing electrical fires in gas tubing are too similar to prior art and whether it is a violation of due process to retroactively declare a pre-America Invents Act patent unpatentable.

  • November 5, 2018

    FTC Head Recuses Himself From Qualcomm Antitrust Row

    Federal Trade Commission Chairman Joseph Simons has recused himself from any participation in the agency’s California federal court antitrust case accusing Qualcomm of anti-competitive patent licensing practices, leaving an even divide between the FTC’s Republican and Democratic commissioners as the agency and the chipmaker pursue settlement talks.

  • November 5, 2018

    Fed. Circ. Won't Rethink Axing Hyosung ATM Patent Claims

    The Federal Circuit said Friday it would not reconsider an August ruling that invalidated part of a Nautilus Hyosung America Inc. ATM patent challenged by Diebold Nixdorf Inc., a rival company that the U.S. International Trade Commission found infringed the patent.

  • November 5, 2018

    Walmart Rival Seeks Quick Trial On 'Backyard' TM Remedies

    Two weeks after winning a jury verdict that Walmart willfully infringed its "Backyard" trademark, a Southern discount chain is asking a North Carolina federal judge for a quick trial to figure out how much the retail giant must pay.

  • November 5, 2018

    Ex-USPTO Solicitor Nathan Kelley Joins Perkins Coie

    Nathan Kelley, former U.S. Patent and Trademark Office deputy general counsel of intellectual property law and solicitor, has joined Perkins Coie LLP as a partner in its Washington, D.C., office, the firm announced Monday.

  • November 5, 2018

    Medtronic Fires Back In Ex-PTAB Chief's Gay Bias Suit

    Medtronic leveled a counterclaim Friday in a sexual orientation bias case brought by David Ruschke, a former Patent Trial and Appeal Board chief judge and onetime attorney for the medical device maker, telling a California federal court that Ruschke hasn't repaid a $250,000 loan the company gave him in 2007.

  • November 5, 2018

    Mexican Sauce Mark Too Close To Indian Spices, TTAB Says

    The Trademark Trial and Appeal Board on Friday decided a "Sonia" brand of Mexican sauces was confusingly similar to a "Sonia Soni" brand of Indian spices, ruling that "certain spices may be used in both Mexican and Indian cuisine."

  • November 5, 2018

    High Court Won't Consider Real Estate Search Patents

    The U.S. Supreme Court on Monday declined to review a ruling from the Federal Circuit that invalidated real estate search patents under the Alice test, choosing not to weigh in on whether the appellate court's ruling could be squared with a high-profile decision issued days later.

  • November 2, 2018

    Hagens Berman Seeks Lead Role In Intuniv Pay-For-Delay Suit

    Hagens Berman Sobol Shapiro LLP pursued lead counsel status and class certification Friday in a proposed antitrust case against two pharmaceutical companies over the marketing of ADHD drug Intuniv, according to a filing in Massachusetts federal court.

  • November 2, 2018

    Zetia MDL Buyers Maintain Merck's Generic Deal Was Illegal

    A Virginia federal court shouldn’t throw out multidistrict litigation accusing Merck & Co. Inc. and Glenmark Pharmaceuticals Inc. of manipulating the generic drug market to keep prices of the cholesterol medication Zetia high, buyers of the drug urged, claiming they can prove antitrust violations.

  • November 2, 2018

    Ex-Genentech Engineer Pleads Not Guilty To Hacking, IP Theft

    A former Genentech Inc. engineer pled not guilty in California federal court Friday to multiple felony charges accusing him and his former co-workers of hacking into Genentech's database and stealing top secret medical trade secrets for Taiwanese rival JHL Biotech Inc.

  • November 2, 2018

    Shuffle Tech Attys Want $19M In Fees After $315M Trial Win

    Shuffle Tech LLC has asked an Illinois federal judge for more than $19 million in attorneys' fees after a jury awarded the card shuffler maker $315 million on its claims that a competitor initiated sham patent litigation to shut it out of the market.

  • November 2, 2018

    Brand Battles: NE Patriots, 'Game Of Thrones,' Starbucks

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the owner of the New England Patriots "rises up" over competitive video gaming, HBO defends a famous "Game of Thrones" quote about drinking and knowing things, and Starbucks gets steamed about "Teavana."

  • November 2, 2018

    8th Circ. Wants Partial Redo In Bike Rally TM Dispute

    The Eighth Circuit ordered a new trial Friday in a long-running fight over trademark rights revolving around Sturgis, the famous South Dakota motorcycle meetup.

  • November 2, 2018

    Apple Clawback Aims To 'Sanitize' IP Row Record: Qualcomm

    A magistrate judge rightly rejected Apple's request to claw back dozens of documents purportedly produced in error, Qualcomm said in a recent brief contesting Apple's attempt to convince a California federal judge presiding over the companies' patent dispute to rethink that refusal.

  • November 2, 2018

    NJ Court Kicks Stendra Patent Case To Texas

    Metuchen Pharmaceuticals LLC's patent case against a company accused of selling a knockoff of the erectile dysfunction drug Stendra is headed to Texas after a judge decided Thursday the defendant's pharmaceutical license in New Jersey didn't give it a place of business in the state.

Expert Analysis

  • What IP Attorneys Need To Know About 5G

    Ranganath Sudarshan

    With some companies planning to launch proprietary 5G services by the end of this year, attorneys should prepare for certain legal issues, such as the internationalization of 5G royalties and the challenge of calculating royalties for 5G-related patents, say Ranganath Sudarshan and Jason Reinecke of Covington & Burling LLP.

  • Opinion

    Only Congress Can Stop Courts' Patent-Eligibility Nonsense

    Nancy Linck

    The U.S. Patent and Trademark Office is planning guidance to address the patent examination problems created by the courts’ interpretation of Section 101. Instead, the USPTO should focus on the legislative fix proposed by intellectual property trade associations, says Nancy Linck of Linck Consulting.

  • A Call For Relativity In Patent Remedies

    Daniel Brean

    For the benefit of all stakeholders in the patent system, litigants, experts and judges should pay closer attention to claim scope and type when assessing infringement remedies. Not every claim is of equal technological or societal value, nor is infringement of every claim equally harmful to the patent owner, says Daniel Brean of the University of Akron School of Law.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • When A Blog Post Leads To Antitrust Liability

    Daixi Xu

    It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.

  • Opinion

    USPTO's Shift On AIA Claim Construction Is A Mistake

    Joshua Landau

    The U.S. Patent and Trademark Office's rule change on the broadest reasonable interpretation standard may be within the scope of the director’s powers, but it is contrary to the congressional understanding of inter partes review, to the U.S. Supreme Court’s reasoned consideration of the topic, and to sound public policy, says Joshua Landau of the Computer & Communications Industry Association.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Avoid Overlap In Trade Secret And Misappropriation Claims

    Mareesa Frederick

    As highlighted in the Federal Circuit's recent decision in Texas Advanced v. Renesas, plaintiffs hoping to assert trade secret misappropriation and patent infringement claims in the same lawsuit must craft damage theories carefully to avoid running afoul of the prohibition against double recovery, say attorneys at Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.