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Intellectual Property

  • December 10, 2018

    Tardy Claim Dooms $100M Biotech IP Suit In Chancery

    A Delaware Chancery Court on Monday tossed a biotech firm’s suit seeking $100 million in losses and triple damages from the German-based parent of Fraunhofer USA Inc. for fraudulent use and theft of its intellectual property, finding that the firm correctly sued the German parent in chancery court but moved too late to protect its claims.

  • December 10, 2018

    Pharmas Say FTC Pushing Subpoena Limits In AndroGel Row

    The Federal Trade Commission can't justify its call for nationwide subpoena power in the agency's suit alleging the makers of testosterone drug AndroGel cut deals with generic companies to delay competition, two drugmakers argued in Georgia federal court.

  • December 10, 2018

    Apple Faces Partial IPhone Ban In China After Qualcomm Win

    A Chinese court has ordered Apple to stop selling several different iPhone models in the country, saying the phones infringed two patents held by Qualcomm, the chip supplier announced Monday.

  • December 10, 2018

    Justices Won't Hear Corning's $61M Patent Appeal Over Halo

    The U.S. Supreme Court on Monday declined to hear a Corning Inc. subsidiary’s challenge to a $61 million judgment against it in a cable patent case, in spite of the fiber optics maker’s arguments that the judgment was based on a misreading of the high court's Halo ruling.

  • December 10, 2018

    Renesas Fights Foe's Bid To Bring $77M IP Row To High Court

    Renesas Electronics America Inc. has told the U.S. Supreme Court not to hear Texas Advanced Optoelectronic Solutions Inc.’s challenge of a Federal Circuit ruling that vacated a $77 million verdict against Renesas for stealing trade secrets and violating patent rights.

  • December 7, 2018

    DOJ Antitrust Head Redoing Patent Accord To Help IP Owners

    The head of the U.S. Department of Justice’s Antitrust Division on Friday delivered one of the sharpest examples yet of the division’s new emphasis on protecting patent holders by promising to rewrite an Obama-era policy on standard-essential patents and to crack down on standard-setting bodies that disrupt competition.

  • December 7, 2018

    Door Maker Wins Price Protections After $185M Verdict

    A North Carolina-based door part supplier will have to align its prices with fluctuating input costs and share that data with its buyer to comply with findings in a $185 million antitrust verdict, a Virginia federal judge ruled Friday.

  • December 7, 2018

    Fed. Circ. Revives Medical Device Co. Laerdal's ITC Case

    The Federal Circuit on Friday overturned a U.S. International Trade Commission decision refusing Laerdal Medical Corp.’s request for an import ban against companies accused of infringing its trade dress rights to medical devices, saying the ITC waited too long to take issue with Laerdal’s allegations.

  • December 7, 2018

    Fed. Circ. Reverses Ax Of Novartis Patent Due To 1995 Law

    The Federal Circuit on Friday reversed a lower court decision invalidating a Novartis AG patent on the cancer drugs Zortress and Afinitor, saying that a 1995 law changing the length of patent terms meant the doctrine of double-patenting did not apply in the case.

  • December 7, 2018

    J&J Can't Escape Retailers' Antitrust Suit Over Remicade

    Johnson & Johnson must face an antitrust suit accusing the drugmaker of foisting the brand drug Remicade on pharmacies and preventing them from carrying competing biosimilars, according to a Pennsylvania federal judge's ruling released Friday.

  • December 7, 2018

    Antenna Maker Can Defend AT&T, Others In Row Over IP

    A Texas federal judge on Friday granted a request by Swedish antenna maker CellMax Technologies AB to intervene in an infringement suit brought by Spanish antenna maker Fractus against AT&T, Sprint and Nextel, alleging they bought antennas that use stolen technology.

  • December 7, 2018

    Motorola Wins Bid To Send Two-Way Radio Suit To Illinois

    Motorola Solutions Inc. has won its bid to transfer from New Jersey to Illinois a federal antitrust lawsuit by Hytera Communications Corp. accusing the telecommunications giant of unlawfully monopolizing the land mobile radios market, with a judge finding that the claims arose in the Prairie State.

  • December 7, 2018

    Intricacy Of Interest Deduction Regs May Vex Multinationals

    The U.S. Treasury Department’s decision to limit interest expense deductions for certain foreign affiliates of multinational corporations could force businesses to undertake complex calculations and puts them at a risk of paying more tax on global income.

  • December 7, 2018

    Justices Urged To Undo Standing Limits On PTAB Appeals

    Auto parts maker JTEKT Corp. asked the U.S. Supreme Court on Friday to review a Federal Circuit ruling that it cannot appeal an inter partes review decision upholding a patent it challenged, saying the ruling takes an “unnecessarily narrow view” of appellate standing.

  • December 7, 2018

    Tara Reid Wants $100M Bite Out Of 'Sharknado' Merchandise

    Actress Tara Reid wants the producers of the "Sharknado" science-fiction films to shell out $100 million for allegedly using her face on "Sharknado"-branded slot machines and beer cans without her permission, according to a lawsuit filed in California federal court.

  • December 7, 2018

    Brand Battles: Harry Potter And The 'Wizarding' Trademark

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Warner Bros. faces a challenge to its efforts to register "Wizarding World," Maserati and Arizona State University both aim to block a trident logo, and Nestle seeks to "Crunch" a small food business.

  • December 7, 2018

    IP Demand Letter Puts Case In Texas District, Fed. Circ. Says

    A Texas federal court has jurisdiction to hear whether several banks infringe a licensing company’s patents covering electronic banking procedures because the company sent demand letters to the institutions, which are located in the district, the Federal Circuit held Friday.

  • December 7, 2018

    SAP Gets $680K In Atty Fees In Financial Data Patent Win

    A Texas federal judge has determined that SAP America Inc. is entitled to $679,000 in attorneys' fees racked up in a lawsuit challenging the validity of InvestPic LLC's financial data analysis patent, an award short of the $939,306 SAP had requested.

  • December 7, 2018

    Genentech Asks Del. Chancery To Toss Takeda Patent Fight

    Biotech company Genentech Inc. told a Delaware vice chancellor on Friday that a lawsuit filed by Takeda Pharmaceuticals USA Inc. over disputed patent rights associated with a drug that treats ulcerative colitis and Crohn's disease should not be fought in Delaware Chancery Court.

  • December 7, 2018

    Fed. Circ. Upholds Patent On Novartis MS Drug

    The Federal Circuit on Friday affirmed a lower court’s decision that upheld a patent on Novartis AG’s multiple sclerosis drug Gilenya, a ruling that will prevent regulatory approval of Ezra Ventures LLC’s generic version until at least early next year.

Expert Analysis

  • The Future Of Intellectual Property Imports In China

    Holly White

    As China's intellectual property enforcement system is strengthened, and its consumer market grows in size and sophistication, there are increasingly more and better opportunities for foreign businesses to bring their IP into the country, says Holly White, a technology consultant at Rouse & Co.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Opinion

    A Call For Nationwide Consistency On Noncompetes

    Steven Kayman

    There is something to be said for and against all of the various approaches taken to address the nettlesome problem of noncompetes. But little can be said to justify what we now have — a complex quilt work of varying laws and rules, say Steven Kayman of Proskauer Rose LLP and Lauren Davis, a law clerk with the New Jersey Superior Court​​​​​​​.

  • The Narrow Meaning Of Asacol Class Action Ruling

    Fred Isquith

    Following the First Circuit's decision last month in the Asacol antitrust litigation, some predicted the end of the Rule 23 class action process. While there is much of interest in the opinion, early comments overstated the court’s concerns and views, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • Fed. Circ. Is Tightening Appellate Standing For IPR Cases

    Craig Countryman

    When can a party appeal an inter partes review loss? Three recent Federal Circuit decisions set parameters on when an allegedly infringing product is close enough to market to give rise to standing, and two pending appeals will further clarify matters, says Craig Countryman of Fish & Richardson PC.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • What We Heard At The FTC Hearings: Days 9, 10 And 11

    Meredith Halama

    The sixth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed the intersection of big data, privacy and antitrust issues. Attorneys with Perkins Coie LLP offer some key takeaways.

  • Why Biotech And Pharma Patents Survive IPR

    Tom Engellenner

    Biotechnology and pharmaceutical patents have fared better than other industry patents in inter partes review at the Patent Trial and Appeal Board. Four factors appear to contribute to the success rate, says Tom Engellenner of Pepper Hamilton LLP.