Intellectual Property

  • December 5, 2017

    Celltrion Wants Janssen To Give Up Docs From Samsung Suit

    Celltrion Inc. on Tuesday asked a Massachusetts federal court to order Janssen Biotech Inc. to turn over documents from Janssen’s recently dismissed lawsuit against Samsung Bioepis Co. Ltd., arguing that the information is relevant for its defense against Janssen’s instant suit over Pfizer Inc.’s biosimilar anti-inflammatory biologic Remicade.

  • December 5, 2017

    Roxane Fights Vanda Antipsychotic Dose Patent In Fed. Circ.

    Roxane Laboratories told a Federal Circuit panel Tuesday that Vanda Pharmaceuticals' dosage method patent for its antipsychotic Fanapt is “quintessential conventional activity,” in its effort to overturn a Delaware court's finding its proposed generic version of the drug infringed the patent.

  • December 5, 2017

    Co. Hopes Briefs Can Save Photo Patent Google Nixed In PTAB

    Google defended its Patent Trial and Appeal Board victory over Summit 6 in Federal Circuit oral arguments Tuesday, but the smaller tech company will rely on briefs to argue the PTAB erred in voiding the patent of a commercially successful photo uploading system companies such as eBay paid millions to use.

  • December 5, 2017

    Pharma Co. Slams Patent Challenge Standing In Fed. Circ.

    Pharmaceuticals company Bristol-Myers Squibb Co. asked the Federal Circuit Tuesday to reject for lack of standing a competitor’s appeal of a U.S. Patent Trial and Appeal Board decision upholding its patent for a biologics product, saying the company cannot show injury because it has not yet developed a product that infringes the patent.

  • December 5, 2017

    Ill. Auto Parts Co. Sues Competitor For Bogus Patent Claims

    Illinois-based EZ Stak LLC, a company that sells “modular work truck interior” equipment, sued a competitor in Illinois federal court Tuesday, claiming the competitor had falsely accused it of patent infringement for its equipment designs, and therefore cost the company tens of thousands of dollars in potential business.

  • December 5, 2017

    Fed. Circ. Says PTAB Wrongly Upheld Patent In Netflix Case

    The Federal Circuit on Tuesday ruled that the Patent Trial and Appeal Board should have invalidated even more claims of a patent for switching a software session from one network-enabled device to another, in a win for challengers, including Netflix and Hulu.

  • December 5, 2017

    9th Circ. Tackles The Case Of The Bright Green Earplugs

    Moldex-Metric urged the Ninth Circuit on Tuesday to again revive allegations rival McKeon infringed its trademark shade of green for industrial-use earplugs, saying a lower court wrongly found the color was unprotectable because it served an essential function — allowing workers to see whether colleagues are wearing them.

  • December 5, 2017

    Micron Tech Says Rivals Conspired To Steal Talent, Secrets

    Micron Technology Inc. accused two companies in Taiwan and China of recruiting its employees and stealing valuable information about Micron’s dynamic random access memory integrated circuits in an attempt to become viable rivals to the California company, according to a suit filed Tuesday.

  • December 5, 2017

    Bovine Breeding Tech Co. Seeks To Revive Patent Claims

    A company specializing in sex selection technology for semen used in artificial insemination of animals on Tuesday sought to resurrect portions of patents for sorting and freezing bovine semen for transport, telling a Federal Circuit panel that the Patent Trial and Appeal Board improperly struck down challenged aspects of the patents as obvious.

  • December 5, 2017

    Texas Roadhouse Ends TM Beef With Rival Restaurant

    Texas Roadhouse Inc. and Texas Corral Restaurants Inc. have agreed to end Roadhouse's trademark infringement suit over a logo featuring a map of the state of Texas wearing a cowboy hat, according to documents filed in Indiana federal court Tuesday, with both parties agreeing to bear their own costs.

  • December 5, 2017

    CORRECTED: IP Attny Says New Regs Will Increase Patent Amendments

    An increase in the number of motions to amend challenged patents is likely following the recent issuance of new guidance lowering the burden on such claims Buchanan Ingersoll & Rooney PC's Patrick C. Keane predicted Monday.

  • December 5, 2017

    Ex-Shire Employees Seek To Duck Trade Secrets Complaint

    Ultragenyx Pharmaceutical Inc. and three of its recent hires pushed a Massachusetts federal court Monday to toss or send elsewhere a lawsuit in which competitor Shire Pharmaceuticals LLC accuses them of breaching employment agreements and stealing confidential customer information.

  • December 5, 2017

    Full Fed. Circ. Won't Review Kraft Cookie Patent Row

    The Federal Circuit declined on Tuesday to reconsider its decision invalidating a resealable cookie container that a Kraft unit accused Kellogg of infringing, standing by its affirmation of a lower court’s finding that Kraft’s evidence of commercial success and industry praise could not overcome Kellogg’s strong case that the patent is obvious.

  • December 5, 2017

    Prison Phone Rivals Reach Confidential Deal In IP Row

    Securus Technologies and Global Tel*Link have reached a confidential settlement to end their long-running infringement dispute over patents used in prison phone systems, according to a joint motion for dismissal filed Monday in Texas federal court.

  • December 5, 2017

    Buyer Class Fights Allergan Over Causation In Antitrust Row

    A class of end purchasers accusing Allergan PLC and its subsidiary Warner Chilcott Ltd. of stifling competition for their ulcerative colitis drugs urged a Massachusetts federal court Monday not to certify a causation issue, saying they’ve adequately argued that the companies’ alleged wrongdoing caused them harm.

  • December 5, 2017

    Crocs Wants Apology For Repeated Lawsuits

    Crocs Inc. asked a Nevada federal judge for sanctions on Monday against a Canadian footwear company, including an apology, arguing that this is the third time it has improperly sued Crocs to obtain litigation leverage in separate proceedings and a “free pass” for disparaging media coverage.

  • December 4, 2017

    Print Co. Wins Fees From 'Unreasonable' Patent Holder

    A Texas federal magistrate judge has awarded a print company attorneys’ fees and expenses after a patent holder “unreasonably” continued to litigate an infringement suit in an attempt to avoid having to cover such costs.

  • December 4, 2017

    Motorola Accused Of Stifling Rival In Two-Way Radio Market

    Hytera Communications Corp. leveled a lawsuit against Motorola Solutions in New Jersey federal court on Monday alleging the telecommunications giant has unlawfully monopolized the land mobile radios market by using “carrot and stick” tactics to pressure dealers not to carry competitors’ products and “sham litigation” to ruin Hytera’s reputation.

  • December 4, 2017

    Whole Foods Infringed TM, Health Food Co. Tells 9th Circ.

    A New Zealand health food company urged a Ninth Circuit panel Monday to revive its suit accusing Whole Foods of infringing its “Eatright” trademark, saying it didn’t unreasonably wait before suing, and even if it had, the grocer hadn’t made significant investments in the phrase during the alleged delay.

  • December 4, 2017

    Tech, Generics Cos. Spar With Tribes Over Allergan At PTAB

    Allergan’s plan to defeat inter partes reviews of patents on its eye drug Restasis by transferring them to a Native American tribe prompted over a dozen dueling amicus briefs Friday, with tech giants and generics makers decrying the deal as a “sham” and other tribes stoutly defending it.

Expert Analysis

  • Amicus Arguments For And Against Inter Partes Review

    Thomas King

    In Oil States v. Greene’s — set for oral argument on Monday — more than 50 amicus briefs have been filed with the U.S. Supreme Court, representing a substantial share of the U.S. GDP. The issues presented are weighty, including concerns regarding separation of powers and the limits of the administrative state, the impact of inter partes reviews on the patent system, and the application of originalism to 18th century patent practice... (continued)

  • Inventorship Considerations In Omnibus Patent Applications

    Peter Sleman

    Ericsson recently announced that it had filed a “landmark” patent application that covers a “complete architecture for the 5G network standard” and includes 130 inventors. Patent prosecutors across the country likely trembled at the mention of 130 inventors in a single application — and for good reason, says Peter Sleman of Wei & Sleman LLP.

  • 6 Months After TC Heartland, Adjusting To A New Landscape

    Nathan Speed

    The U.S. Supreme Court’s May 22, 2017, decision in TC Heartland, which overturned decades of accepted practice on how to evaluate the proper venue for patent litigation, has been lauded by some as ushering in a new era in patent litigation. Others — including some federal judges who have been applying TC Heartland — have found the decision to be much less significant, say Nathan Speed and Stuart Duncan Smith of Wolf Greenfield & Sacks PC.

  • 4 Data-Scraping Lessons From 7th Circ. Ruling

    Benjamin Byer

    Although the Seventh Circuit recently vacated a preliminary injunction that required two competing software companies to allow a third-party data scraper access to their sites and data, the case highlights the complex intersection of big data, copyright, antitrust and the Computer Fraud and Abuse Act, says Benjamin Byer of Davis Wright Tremaine LLP.

  • Roundup

    Judging A Book

    Locking Up Our Own

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • High Transparency May Help SSOs Under Attack By DOJ

    David Newman

    Member-driven standard-setting organizations have traditionally steered clear of antitrust focus despite their inevitable tendency for concerted action. However, new scrutiny espoused by Assistant Attorney General Makan Delrahim should lead SSOs to change protocol, says David Newman, leader of Gould & Ratner LLP's intellectual property group.

  • Hatch-Waxman And Copying: An Exception To The Exception?

    Jonathan Bachand

    The Federal Circuit's recent decision in Merck Sharp & Dohme v. Hospira could be read to conflict with the court’s own precedent regarding the relevance of copying in abbreviated new drug application cases, say Jonathan Bachand and Ashley Morales of Knobbe Martens.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • High Court May Quash PTAB, But ITC Practice Will Live On

    Lisa Kattan

    It seems at first glance that the U.S. Supreme Court’s upcoming decision in Oil States v. Greene's on the constitutionality of inter partes review could cement the fate of the U.S. International Trade Commission as well. But there are two important distinctions between the Patent Trial and Appeal Board and the ITC, say Lisa Kattan and Lauren Dreyer of Baker Botts LLP.