Intellectual Property

  • May 15, 2018

    Dartmouth Says PTAB Abused Discretion In Post-SAS Ruling

    Dartmouth College claims the Patent Trial and Appeal Board abused its discretion when it scrapped an earlier ruling and decided to review all of the challenges against the university’s vitamin supplement patent after the recent U.S. Supreme Court decision that curbed the board's ability to pick and choose claims to review.

  • May 15, 2018

    FDA Clears Hospira's Biosimliar Of Amgen's Epogen

    The U.S. Food and Drug Administration on Tuesday approved Hospira’s Inc.’s anemia medication Retacrit, a biosimilar of Amgen Inc.’s blockbuster biologic Epogen, bringing the total number of biosimilars approved by the agency to 10.

  • May 15, 2018

    3rd Circ. Already OK'd Lipitor State Claims, Health Plans Say

    The Third Circuit has already cleared a group of health plans that paid for the blockbuster cholesterol medication Lipitor to bring antitrust litigation against Pfizer Inc. and Ranbaxy Inc. based on various state laws, so the drugmakers' bid to dismiss the claims is fruitless, the plans told a New Jersey federal court Monday.

  • May 15, 2018

    NASA Supplier Can't Immediately Enforce $3.1M Judgment

    A Pennsylvania federal judge paused NASA supplier Advanced Fluid Systems Inc.’s bid to enforce a $3.1 million judgment against rival supplier Livingston & Haven LLC, finding that Livingston had properly requested a stay by securing a letter of credit as security while it seeks a new trial.

  • May 15, 2018

    Sens. Push Trump Not To Give Away Cheese Names In NAFTA

    Two dozen U.S. senators urged the Trump administration to protect the use of common cheese names in the North American Free Trade Agreement Tuesday, expressing consternation that a bilateral deal between the European Union and Mexico could clamp down on U.S. dairy producers.

  • May 15, 2018

    Nobody Will Confuse 'MoMaCha' With MoMA, Cafe Says

    A Manhattan cafe is fighting a trademark lawsuit brought against it by the Museum of Modern Art in New York federal court, arguing that MoMA’s bid to stop the cafe from using similar marks fails to show the museum will be irreparably injured or consumers will be confused by their use.

  • May 15, 2018

    Related Nixes Claims In Poaching, Trade Secrets Suit

    A New York federal judge on Monday threw out four remaining claims against the Related Cos. in a dispute over the real estate developer’s alleged poaching of a building company’s president and its trade secrets, but said a recent New York state court ruling left the door open for two previously dismissed claims to be revived.

  • May 15, 2018

    Texas Store Buc-ee's Says Competitor Logo Is Too Similar

    Counsel for the popular Texas-based convenience store Buc-ee's told a panel of jurors in federal court in Houston on Tuesday that it was forced to file suit against a rival store because the rival’s logo — a cartoon alligator wearing a cowboy hat — is too similar to Buc-ee's logo of a cartoon beaver wearing a baseball cap.

  • May 15, 2018

    Class Attys Want $25M From $72.5M Medicis, Impax Deals

    Lawyers for a class of direct drug purchasers asked a Massachusetts federal judge to approve nearly $25 million in attorneys' fees for securing $72.5 million worth of deals with Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the allegedly delayed launch of a generic acne medicine.

  • May 15, 2018

    Streaming Music Bill Hits The Right Notes On Capitol Hill

    Famous musicians, bipartisan lawmakers and rival industry groups all voiced support at a Senate hearing Tuesday for a package of copyright amendments that would make major changes to how streaming music services such as Spotify pay royalties.

  • May 15, 2018

    Biotech Co. Wins $14.5M Verdict Over Modified Yeast Patent

    A Wisconsin federal jury awarded a $14.5 million verdict to a Netherlands-based biotechnology firm over allegations that two yeast producers infringed its patent covering genetically modified yeast cells that boost ethanol production.

  • May 15, 2018

    2nd Circ. Won't Rehear TVEyes Fair Use Case

    The full Second Circuit on Monday refused to reconsider its February ruling that the media-monitoring service TVEyes violated copyright law by offering a search engine of video clips from Fox News and others.

  • May 15, 2018

    Startup Marshmallow Squashes Marsh In Trademark Dispute

    Insurance broker Marsh Ltd. has lost its bid to block the registration of a trademark lodged by London-based startup Marshmallow Financial Services Ltd., after the U.K. Intellectual Property Office found that the disputed marks convey "entirely different" meanings.

  • May 14, 2018

    Longtime Zorro IP Holder To Cross Swords Over Play At Trial

    The production company that has long held the rights to Zorro is facing a trial accusing it of infringing copyrights for a musical about the masked swordsman after a California federal judge ruled Friday the character is in the public domain.

  • May 14, 2018

    Apple, Samsung Select Jury In Silicon Valley IP Damages Trial

    Attorneys for Apple and Samsung traded juror challenges on Monday at the start of a high-profile California federal trial to determine how much Samsung owes for infringing five of Apple's design and utility patents, winnowing 74 candidates down to a final panel of eight.

  • May 14, 2018

    Brand-Name Drug Cos. Not Liable For Generics' Tags In W.Va.

    The West Virginia Supreme Court has held that, under state law, a consumer cannot bring failure-to-warn claims against a maker of a brand-name drug when a generic drug manufacturer made the drug, siding with Janssen Pharmaceuticals Inc. in a suit over a generic version of an antibiotic.

  • May 14, 2018

    Justices Vacate Fed. Circ. IP Ruling, Pass On Eyeing Others

    The U.S. Supreme Court on Monday declined to hear several cases involving intellectual property matters, such as a trademark fight between furniture manufacturing rivals, while vacating a Federal Circuit ruling involving a web page authentication patent that focused on covered business method reviews conducted by the Patent Trial and Appeal Board.

  • May 14, 2018

    Olympic Skater Seeks 9th Circ. Rehearing Of NBC Royalty Suit

    Olympic gold medal-winning ice skater Oksana Baiul asked the Ninth Circuit on Friday to revive her suit seeking royalties from the 1995 airing of “Nutcracker on Ice” on NBC, saying the appeal panel relied on a dead, discredited precedent.

  • May 14, 2018

    Giants, Manning Reach Deal In Memorabilia Suit With Dealer

    The New York Giants have reached a deal with a sports memorabilia dealer to resolve a New Jersey state court suit alleging the team exposed him to criminal charges to cover up how its equipment staff and quarterback Eli Manning knowingly peddled fake game-worn memorabilia, a team spokeswoman said Monday.

  • May 14, 2018

    Fed. Circ. Revives Patent Suit Over Drilling Waste System

    The Federal Circuit on Monday revived a patent lawsuit against Brazil’s Dynamic Air Ltda. over systems it installed on ships to transport oil drilling waste, overturning a ruling that a rival said created a blueprint for companies to avoid infringement cases.

Expert Analysis

  • Challenges Ahead For PTAB After High Court SAS Ruling

    Timothy Riffe

    The Patent Trial and Appeal Board's Western Digital institution decision — issued just two days after the U.S. Supreme Court’s decision in SAS Institute — shows that if the PTAB proceeds to institute inter partes reviews based on a single or small group of claims meeting the standard, it will likely overwhelm the ability of the PTAB to meet its congressional directive, says Timothy Riffe of Fish & Richardson PC.

  • Opinion

    A Solution To China’s Counterfeiting Problem

    Amy Hsiao

    How can we stop fake versions of products from circulating throughout China? The answer might come from the internet of things and the Quick Response code, say Amy Hsiao of Swanson and Bratschun LLC and Samuel Speed of Yingke Law Firm.

  • High Court Raises The Stakes At PTAB

    Justin Philpott

    Following the U.S. Supreme Court's SAS Institute decision, the Patent Trial and Appeal Board outlined immediate changes. But the decision may also lead to an increase in denials of inter partes review petitions, an increase in IPR petitions filed, an increase in district court litigation stays, greater risk of estoppel, and/or an increase in appeals of PTAB decisions to the Federal Circuit, say Justin Philpott and Eric Zelepugas of Banner & Witcoff Ltd.

  • Defending Lawyer Depositions: Lessons From Waymo V. Uber

    Arturo González

    There are general rules for preparing witnesses for deposition. But what if the witness is a lawyer for a party in the case? In the Waymo v. Uber litigation, we — Uber’s counsel — had to make many tactical decisions when preparing four lawyers for deposition and trial, say Arturo González and Michelle Yang of Morrison & Foerster LLP.

  • A More Mobility-Friendly Approach To Noncompetes In Ill.?

    Dan Fazio

    An Illinois federal judge's recent decision in Medix Staffing Solutions v. Dumrauf marks a departure from the weight of authority in the state that would traditionally allow development of a factual record before finding a noncompetition covenant overbroad, say Dan Fazio and Shane Blackstone of Winston & Strawn LLP.

  • How The End Of PTAB Partial Review Will Affect IPR

    Michael Fleming

    In SAS Institute v. Iancu, the U.S. Supreme Court ended the practice that allowed the Patent Trial and Appeal Board to institute an inter partes review with respect to fewer than all of the challenged claims. This will cause fundamental changes to IPR practice and increase overall costs of IPR trials, says Michael Fleming, of counsel at Irell & Manella LLP and former chief administrative patent judge of the PTAB.

  • Oil States Won't End Constitutional Challenges To IPR

    Brian Murphy

    The U.S. Supreme Court's decision this week in Oil States v. Greene’s settles only the Article III constitutional challenge to inter partes reviews, and one particular paragraph in the majority opinion reads like an invitation for future petitions, say attorneys with Haug Partners LLP.

  • Insurers A Little Bluer After BCBS Antitrust Decision

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    An Alabama federal court recently ruled that it is per se anti-competitive for the Blue Cross and Blue Shield Association to grant licenses to member plans to use trademarks in exclusive geographic markets. If upheld, this decision represents a significant threat to the fundamental structure of the association, says Robert Craig of Taft Stettinius & Hollister LLP.

  • AI Creates Legal Challenges For The Fashion Industry

    William Forni

    Artificial intelligence is playing a growing role in the product development, marketing and sales strategies of fashion designers and retailers. This revolution brings uncertainty in the areas of trade secret protection, traditional intellectual property rights and privacy law, say William Forni of Calvin Klein, and Ben Quarmby and Daniel Michaeli of MoloLamken LLP.

  • Counterfeit Cosmetics: Fake Beauty, Real Danger

    Aliza Karetnick

    In the age of e-commerce, counterfeit cosmetics present a growing challenge — not only do they pose significant health risks to consumers, but they raise serious legal concerns for brand manufacturers, distributors and retailers, say Aliza Karetnick and Kelly Bonner of Duane Morris LLP.