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Intellectual Property

  • November 7, 2018

    Fed. Circ. Upholds PTAB Nix Of Blood-Clotting Patent

    The Federal Circuit on Wednesday upheld a ruling by the Patent Trial and Appeal Board invalidating a patent for treating blood clotting by administering an active form of the blood thinner Plavix, agreeing with the board that the patent was obvious in light of prior art.

  • November 7, 2018

    Trump's Acting AG Linked To Patent Scam Shuttered By FTC

    Matthew G. Whitaker, whom President Donald Trump appointed acting attorney general Wednesday after firing Jeff Sessions, served as a board member at a so-called invention promotion company that the Federal Trade Commission shut down last year on allegations that it “bilked millions from consumers.”

  • November 7, 2018

    Alibaba Beats Cryptocurrency Co.’s Bid To Dismiss TM Suit

    A New York federal judge on Wednesday rejected a bid by a cryptocurrency company called the Alibabacoin Foundation to dismiss a trademark suit by the Chinese digital commerce company Alibaba Group Holding Ltd., saying he has already made clear that the case has legs.

  • November 7, 2018

    HTC Compelled To Arbitrate Antitrust Claims, Past SEP Rates

    A Texas federal court on Wednesday granted a request from Ericsson Inc. to arbitrate HTC America Inc.’s claims that it overpaid in the past for cellular and wireless standard-essential patent licenses, separating them from HTC’s bid to get a better rate set moving forward.

  • November 7, 2018

    SAG-AFTRA Can't Silence Musician's Suit Over Service Fees

    A songwriter’s putative class action alleging the Screen Actors Guild‐American Federation of Television and Radio Artists overcharged session musicians and backup singers largely survived dismissal Tuesday as a California federal judge found most claims were properly stated.

  • November 7, 2018

    PTAB Takes Wide View Of Estoppel In Axing Patent Challenge

    The Patent Trial and Appeal Board on Tuesday ruled Kingston Technology’s challenge to a data security patent was barred by the America Invents Act’s estoppel provision, taking a broader view than the company on the provision’s reach.

  • November 7, 2018

    Will FTC Win 'Radically Reshape' Cell Patent Licensing?

    Chipmakers and other tech companies holding standard-essential patents may no longer be able to unilaterally dictate how they license those patents, and to whom, after a California federal judge granted the Federal Trade Commission an important procedural win Tuesday for its upcoming antitrust trial against Qualcomm.

  • November 7, 2018

    F-Squared Trustee Reaches Deal In Algorithm Licensing Row

    The liquidating trustee for F-Squared Investment Management LLC is asking the Delaware bankruptcy court to approve a settlement with the financial technology company he says licensed F-Squared the untested trading algorithm that sent it into bankruptcy.

  • November 7, 2018

    Pizza Puffs Maker Waited Too Long To Sue, Rival Says

    A Chicago pizza puff maker told an Illinois federal court Wednesday that a $220,000 verdict from a rival's trademark infringement suit should be cut down, arguing the competing bakery waited too long to sue after first sending a cease and desist letter.

  • November 7, 2018

    Fed. Circ. Upholds Nix Of Analytics Patent Under Alice

    The Federal Circuit on Wednesday refused to revive technology company PurePredictive Inc.'s claims that an open-source software company ripped off its predictive analytics patent, leaving in place a lower court's ruling saying the patent is too abstract to be valid.

  • November 7, 2018

    Fresenius Bid To Save Diprivan Patent Denied By Fed. Circ.

    The Federal Circuit shot down an effort by Fresenius Kabi USA to salvage a patent on Diprivan, siding on Wednesday with financier Kyle Bass in his push to invalidate claims over silicone-covered stoppers on vials of the anesthetic.

  • November 7, 2018

    Ranbaxy Abused Generic Drug Application Process, Suit Says

    Defunct Indian pharmaceutical company Ranbaxy has been accused in a federal lawsuit of stuffing generic drug approval queues with falsified applications and scheming to try to block other generic forms of various drugs from coming to market.

  • November 7, 2018

    Pittsburgh Artist Drops PennDOT From Destroyed Murals Suit

    A Pittsburgh mural artist agreed Wednesday to drop the Pennsylvania Department of Transportation from the long list of developers, landowners and agencies he blames in a federal lawsuit for destroying at least eight of his installations in and around the city.

  • November 7, 2018

    USPTO Taps Expert IP Attorney As Deputy Director

    The U.S. Patent and Trademark Office has appointed the former deputy general counsel of Silicon Valley-based A10 Networks Inc. as deputy director, the agency announced Tuesday.

  • November 6, 2018

    Kavanaugh Fallout Fuels GOP's Senate Expansion

    A backlash over Justice Brett Kavanaugh's bitter confirmation battle played a key role in Republicans adding to their Senate majority, as so-called “Trump state” Democrats who opposed confirmation fell to GOP challengers in Tuesday’s midterm elections.

  • November 6, 2018

    Dems Pump Brakes On Trump Agenda With House Win

    Democrats won back the House on Tuesday night and with it divided the chambers of Congress, putting them in position to step up investigations into President Donald Trump’s presidential campaign and to run interference on his conservative agenda.

  • November 6, 2018

    Senate Republican Win Cements Trump's Judicial Makeover

    With Senate Republicans returning from a slew of victories at the ballot box, Majority Leader Mitch McConnell looks to continue a two-year project to remake the federal courts by confirming waves of conservative judges to the bench.

  • November 6, 2018

    Voting Machine Critics Tout Low-Tech Fix For Hacking Fears

    Russia’s meddling in the 2016 presidential election pushed U.S. voting security into the spotlight, leaving officials scrambling to shore up the infrastructure before midterms. But efforts remained uneven two years later, with a number of states on Tuesday shirking the surprisingly low-tech fix touted by election-integrity experts: paper ballots.

  • November 6, 2018

    Texas Energy Services Co. Has Trade Secrets Row Trimmed

    A Texas appellate court has pared down a trade secrets lawsuit brought by an energy services company against three of its former employees, holding one defendant should be let out of the suit and that the lower court too strictly limited work the trio can perform in the meantime.

  • November 6, 2018

    Welch's, Sunkist Fruit Snack Cos. End Trademark Battle

    The company behind Welch's Fruit Snacks has agreed to drop a trademark lawsuit over a rival candymaker's planned line of Sunkist gummies after the competitor agreed to scrap allegedly look-alike packaging.

Expert Analysis

  • A Call For Relativity In Patent Remedies

    Daniel Brean

    For the benefit of all stakeholders in the patent system, litigants, experts and judges should pay closer attention to claim scope and type when assessing infringement remedies. Not every claim is of equal technological or societal value, nor is infringement of every claim equally harmful to the patent owner, says Daniel Brean of the University of Akron School of Law.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • When A Blog Post Leads To Antitrust Liability

    Daixi Xu

    It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.

  • Opinion

    USPTO's Shift On AIA Claim Construction Is A Mistake

    Joshua Landau

    The U.S. Patent and Trademark Office's rule change on the broadest reasonable interpretation standard may be within the scope of the director’s powers, but it is contrary to the congressional understanding of inter partes review, to the U.S. Supreme Court’s reasoned consideration of the topic, and to sound public policy, says Joshua Landau of the Computer & Communications Industry Association.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Avoid Overlap In Trade Secret And Misappropriation Claims

    Mareesa Frederick

    As highlighted in the Federal Circuit's recent decision in Texas Advanced v. Renesas, plaintiffs hoping to assert trade secret misappropriation and patent infringement claims in the same lawsuit must craft damage theories carefully to avoid running afoul of the prohibition against double recovery, say attorneys at Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • A Canadian Perspective On The 'New NAFTA'

    Matthew Kronby

    Last week, Canada reached agreement with the United States and Mexico on what is essentially a revised North American Free Trade Agreement. The new U.S.-Mexico-Canada Agreement alters some provisions of NAFTA, maintains others and borrows a few ideas from the Trans-Pacific Partnership, say attorneys with Borden Ladner Gervais LLP.