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Intellectual Property

  • December 13, 2018

    Hatch Introduces Bill To Restrict Generics' PTAB Challenges

    Sen. Orrin Hatch, R-Utah, has introduced a bill that would amend his namesake Hatch-Waxman Act to hinder the ability of generic-drug makers to challenge patents in inter partes reviews before the Patent Trial and Appeal Board.

  • December 13, 2018

    Direct Buyers Win Cert. In Lamictal Antitrust Suit

    Drug wholesalers who directly purchased GlaxoSmithKline PLC's epilepsy drug Lamictal or a generic version from Teva Pharmaceutical Industries Ltd. won certification Wednesday in their antitrust suit alleging a settlement agreement struck between the two drugmakers delayed generic options from entering the market.

  • December 13, 2018

    NWA IP Suit Straight Outta Court As Dre, Capitol Records Exit

    A musician suing Dr. Dre and Capitol Records over claims they ripped off his '70s song for a track on N.W.A.'s iconic “Straight Outta Compton” album asked a Kentucky federal judge to drop the copyright suit on Thursday, weeks after telling the judge they'd agreed to settle the case.

  • December 13, 2018

    ITC Will Review Patent Dispute Between Apple, Qualcomm

    The U.S. International Trade Commission will weigh in on an intellectual property dispute between Apple Inc. and Qualcomm Inc. over sales of iPhones found to infringe a Qualcomm patent, agreeing on Wednesday to reconsider whether the telecom giant's asserted patent is obvious and whether an import ban against the iPhones would be appropriate.

  • December 13, 2018

    Davis Wright Nabs Entertainment Litigator In LA

    Davis Wright Tremaine LLP has hired a media litigator who has represented famous recording artists including Gwen Stefani, Led Zeppelin, Britney Spears and Green Day in high-profile lawsuits and disputes over intellectual property, the firm said Wednesday.

  • December 13, 2018

    Top 10 Trademark Rulings Of 2018

    From Beyonce to "Honey Badger" to Converse's Chuck Taylor, 2018 was chock-full of major court rulings on trademark law. Here are the 10 biggest you need to remember, plus four more that didn't make the cut.

  • December 12, 2018

    Dr. Seuss-'Star Trek' Mashup Maker Seeks End To IP Row

    The creators of a Dr. Seuss-"Star Trek" mashup told a federal judge to give a copyright case the hook, arguing their work doesn't hurt sales of the original children's book.

  • December 12, 2018

    Nikon Says Zeiss, ASML 'Stretching' IP Claims Against It

    Nikon Corp. told a California federal jury during closing arguments Wednesday that lens maker Carl Zeiss and semiconductor maker ASML “overreached and exaggerated” allegations it infringed camera sensor patents and caused $23.9 million in damages, stressing that even one missing claim element means there is no infringement.

  • December 12, 2018

    Boston Scientific Wins $35M Verdict In Heart Valve Patent Suit

    A Delaware federal jury found Tuesday that Edwards Lifesciences Corp. damaged Boston Scientific SciMed Inc. to the tune of $35.4 million by infringing a heart valve patent, while rejecting claims that Boston Scientific infringed three Edwards patents.

  • December 12, 2018

    Ch. 11 Doesn't Cancel TM Contract, Clothier Tells High Court

    Apparel retailer Mission Product Holdings has urged the U.S. Supreme Court to overturn a First Circuit decision in its breach of contract suit against Tempnology LLC, arguing that Tempnology's bankruptcy filing should not allow the fabric maker to rescind its licensing contract.

  • December 12, 2018

    Music Sampling May Be Infringement, EU Court Advised

    An advocate general at the Court of Justice of the European Union found in a Wednesday opinion that sampling music without permission is infringement under EU copyright law, weighing in on an infringement dispute between members of German electronic band Kraftwerk and German rapper and music producer Moses Pelham.

  • December 12, 2018

    Fed. Circ. Says PTAB Wrongly Rejected Lock Patent App

    The Federal Circuit on Wednesday threw out a Patent Trial and Appeal Board decision that rejected an application for a patent on luggage locks that airport security workers can open, finding the board overlooked a key part of the application.

  • December 12, 2018

    Greenberg Traurig Launches Video Game, Esports Group

    Greenberg Traurig LLP on Tuesday announced the formation of its new video game and esports group, which is set to serve clients in the billion-dollar entertainment industry.

  • December 12, 2018

    9th Circ. Urged To Dredge 'Shape Of Water' Copyright Row

    The Ninth Circuit should reverse a California federal court’s toss of a suit claiming that Oscar winner "The Shape of Water" ripped off a 1969 play that also involved a lonely female janitor at a laboratory falling in love with a test subject, the playwright’s son has argued.

  • December 12, 2018

    AMC To Face Ex-'Walking Dead' Exec's $300M Royalties Suit

    A five-year fight between “The Walking Dead” show creator Frank Darabont and entertainment behemoth AMC over the hit zombie show’s royalties is poised to head to trial after a New York judge on Monday issued a long-awaited ruling keeping the $300 million case alive.

  • December 12, 2018

    IP Challengers Needn’t Show All Arguments Will Win: PTAB

    The Patent Trial and Appeal Board said Tuesday a patent challenger doesn’t need to show that each of its arguments will be successful in order for the board to institute America Invents Act review, refusing to back down from an approach it has sometimes taken following the U.S. Supreme Court’s SAS Institute ruling.

  • December 12, 2018

    Fed. Circ. OKs Teva's Patent Win Over Allergan Colitis Drug

    Teva Pharmaceuticals USA Inc. scored a win on Wednesday when the Federal Circuit affirmed an Eastern District of Texas ruling that the generics maker did not infringe Allergan USA’s patent for the ulcerative colitis drug Delzicol, paving the way for Teva to get approval on the generic version of the drug.

  • December 12, 2018

    EU Court Slashes €100M From Servier Pay-For-Delay Fine

    A European court on Wednesday reduced a fine by €102.67 million ($116.73 million) that enforcers levied against pharmaceutical company Servier over allegations it reached several anti-competitive agreements to delay cheaper versions of blood pressure medicine perindopril, but rejected appeals of fines from most of the other companies involved.

  • December 12, 2018

    Ex-NFLer Fights 'Frivolous' Sanctions Bid In Home Build Suit

    A former New England Patriots linebacker urged a Massachusetts federal court Tuesday to ditch a bid for sanctions against him and his wife by a company accused of failing to build his dream house, saying the motion is a "frivolous" attempt to block testimony from key players in the breach-of-contract and copyright case.

  • December 12, 2018

    'Blurred Lines' Copyright Suit Ends In $5M Judgment

    The “Blurred Lines” copycatting saga met its final resting place Monday when a California federal judge entered a $4.9-million-plus judgment against the song’s famous creators after they opted not to to seek U.S. Supreme Court review of their copyright loss against Marvin Gaye’s heirs.

Expert Analysis

  • Opinion

    DOJ Speech May Leave SEP Implementers In Dire Straits

    cotter.jpg

    I suspect the true audience for the U.S. Department of Justice’s disavowal last week of a 2013 policy statement on standard-essential patents is not the courts but rather the U.S. International Trade Commission, whose discretion to pressure standard implementers to accept onerous licensing terms will be tested in the coming years, says University of Minnesota Law School professor Thomas Cotter.

  • Post-Teva Expert Disclosure Trends In 2 Patent-Rich Districts

    Ken Fung

    Local patent rules in the Eastern District of Texas and Northern District of California don’t squarely address the issue of what must be disclosed during claim-construction discovery in order to rely on expert declarations. But thanks to the corpus of post-Teva decisions a clearer picture has emerged, says Ken Fung of Fisch Sigler LLP.

  • A Firsthand Account Of The Helsinn V. Teva Arguments

    Michael Pomianek

    During U.S. Supreme Court oral arguments in Helsinn Healthcare v. Teva Pharmaceuticals, the justices’ focus on the statutory language, and the relative lack of focus on the specific facts of the case, suggest they may address the meaning of the America Invents Act language broadly, say Michael Pomianek and Michelle Nyein of Wolf Greenfield & Sacks PC.

  • Opinion

    Alice Must Be Revisited In View Of Emerging Technologies

    James Fussell

    The U.S. Supreme Court's 2014 Alice decision created uncertainty in patent-eligibility law — uncertainty that hits at the heart of the next innovative frontier focused on artificial intelligence and machine learning. Alice’s two-step test needs to be revised or replaced, say James Fussell of Mayer Brown LLP, and Nikko Quevada and Vincent Violago of Parola Analytics Inc.

  • Antitrust Risk In Agreements Restricting Online Advertising

    Amy Gallegos

    For companies concerned about their competitors’ online advertising, the Federal Trade Commission's recent ruling on 1-800 Contacts' marketing agreements with competitors is instructive, say Amy Gallegos and Michelle Peleg of Jenner & Block LLP.

  • Alice Rejections Now Flow From Different Part Of USPTO

    Kate Gaudry

    Patent-eligibility rejections at the U.S. Patent and Trademark Office skyrocketed quickly after the U.S. Supreme Court's 2014 Alice decision. These effects were largely contained within the “business method” art units but recently have become more common in Technology Center 2100, say Kate Gaudry and Samuel Hayim of Kilpatrick Townsend & Stockton LLP.

  • A Chance For High Court To Clarify On-Sale Bar

    Kevin McGann

    In Helsinn v. Teva, the U.S. Supreme Court can provide further certainty regarding what activities place a claimed invention “on sale” to create a bar to patentability. But if the on-sale bar is to be balanced, solutions other than those offered by the parties in the case might be considered, say Kevin McGann and Catherine McCord of Fenwick & West LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • ITC Clarifies Duty Of Respondents After Corporate Restructure

    Bryan J. Vogel

    The U.S. International Trade Commission's recent decision in Certain Subsea Telecommunications Systems is a cautionary tale for respondents undergoing corporate reorganizations — the onus is on the respondent to inform the ITC and the complainant of the changes, say Bryan J. Vogel and Derrick J. Carman of Robins Kaplan LLP.

  • What High Court Will Consider In Helsinn On-Sale Bar Case

    David Bassett

    In Helsinn v. Teva, the U.S. Supreme Court will resolve whether nonpublic sales or offers to sell still qualify as prior art under the post-America Invents Act on-sale bar. Ahead of Tuesday's oral argument, David Bassett and Christine Duh of WilmerHale examine the briefing from both sides.