Intellectual Property

  • 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.

  • December 4, 2017

    Patent Args Should’ve Gone To Jury, Fed Circ. Told

    Kaz USA Inc. urged a Federal Circuit panel Monday to upend Exergen Corp.’s $14.6 million patent infringement win against the company, arguing a district court judge shouldn’t have decided forehead thermometer patent issues properly left to the jury.

  • December 4, 2017

    Waymo Jury Could Hear Uber ‘Hid The Ball’ In Discovery

    A California federal judge wants to know whether Uber should have given Waymo an ex-employee’s letter alleging a corporate culture of secrecy, saying at a hearing Monday he’d have to tell the jury in the hotly anticipated trial over self-driving car trade secrets if there were attempts to “hide the ball” during discovery.

  • December 4, 2017

    Garmin's Atty Fees Bid Denied In Dropped Patent Suit

    Garmin International Inc. can’t collect attorneys’ fees after the owner of two patents on a product customization system dropped an infringement suit, according to a Texas federal court ruling on Friday that found the litigious patent owner hadn’t obviously filed the suit for extortion purposes.

  • December 4, 2017

    Janssen Rips Patent Owner's Bid To Appeal Mid-Case

    Celltrion Inc. shouldn’t be allowed to appeal a Massachusetts federal court’s decision not to dismiss Janssen Biotech Inc.’s patent lawsuit over Pfizer Inc.’s biosimilar of anti-inflammatory biologic Remicade, Janssen said Monday, arguing there was nothing extraordinary about the ruling and that an appeal now would only delay the case.

  • December 4, 2017

    Microsoft Seeks Transfer Of Tribe, Texas Co. Patent Spat

    Microsoft Corp. told a Virginia federal court Friday that patent infringement litigation brought by the Saint Regis Mohawk Tribe and Texas-based computer company SRC Labs LLC should be sent to Washington state, where the alleged wrongdoing took place, arguing the suit isn’t sufficiently connected to Virginia.

  • December 4, 2017

    Fed. Circ. Told It Oversimplified Touchless Payment Patent

    A company claiming that the Chicago transit system’s touchless payment system violates its patents on Friday asked the full Federal Circuit to reconsider a panel decision invalidating four of its patents as abstract, arguing that the court should clarify the abstractness standard under the U.S. Supreme Court’s Alice ruling.

  • December 4, 2017

    Patent Holder Faces Uphill Google Fight At Fed Circ.

    A patent licensing company appeared to struggle Monday to convince a Federal Circuit panel to uphold its media search patents in Google’s challenge to a Patent Trial and Appeal Board decision against the technology giant.

  • December 4, 2017

    High Court Won't Hear Dow's Appeal Of $455M Bayer Award

    The U.S. Supreme Court opted Monday not to hear Dow AgroSciences LLC’s bid to overturn a $455 million arbitral award issued to two Bayer AG subsidiaries over infringement of weed control patents, ending a yearslong dispute over a gene for herbicide resistance.

Expert Analysis

  • Are 'Smart' Courts Smart Enough For IP Disputes?

    Junqi Hang

    Remote video appearance is already in use for certain trials, hearings, and arbitration and mediation proceedings. But the methodology of court remoteness and the concept of "smart" courts may not be able to accommodate intellectual property cases, which tend to be complex in subject matter, say Junqi Hang and Jingqiang Zhang of Dragon Intellectual Property Law Firm.

  • Recent Trends In Inter Partes Review Estoppel

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    In a March Law360 article, we explained that many district courts were limiting inter partes review estoppel to only the instituted grounds resulting in a final written decision from the Patent Trial and Appeal Board, which was problematic. Since then, however, the district courts have reached a new consensus toward a broader application of estoppel, say Jon Gurka and James Smith of Knobbe Martens.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • Demystifying Inherent Obviousness

    William Carroll

    How do the unknown, but inherent, characteristics of prior art factor into an obviousness analysis? I propose a simple framework for unraveling inherency issues that arise in the context of obviousness, says William Carroll of Michael Best & Friedrich LLP.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Stats On How TC Heartland Is Affecting Patent Litigants

    Chase Perry

    When the U.S. Supreme Court decided the now-famous TC Heartland case in May 2017, a robust discussion began regarding how significant its effects would be. Chase Perry of Ankura examined statistics from recent months in search of changes in case filing patterns and patent holder success metrics.

  • Chatting With Ex-Fed. Circ. Chief About 101 And John Podesta

    Eli Mazour

    Shortly after I interviewed him last year, former Federal Circuit Chief Judge Randall Rader publicly expressed interest in becoming director of the U.S. Patent and Trademark Office. Although he did not ultimately get chosen for the position, the interview provides insights into how the Trump administration can take the patent system in a new direction, says Eli Mazour of Harrity & Harrity LLP.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.

  • Copyright Registration Debate May Head To High Court

    Alexander Kaplan

    The U.S. Supreme Court has been asked to reverse a recent Eleventh Circuit decision and settle a disagreement over the copyright registration requirement for lawsuits alleging infringement. While circuit splits are relatively rare in copyright law, this divide is deepening, says Alexander Kaplan of Proskauer Rose LLP.