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Intellectual Property

  • October 11, 2018

    Payment Processor Says Ex-CEO Stole Company Secrets

    A payment processing company has accused its former CEO and several former employees in California federal court of stealing trade secrets to form a competing payment processing business.

  • October 10, 2018

    9th Circ. Raises Conflict Concerns In Atty’s Sanction Appeal

    Ninth Circuit judges expressed reluctance Wednesday to hear oral argument from an attorney who lost a contentious trade secrets dispute on a terminating sanction, worrying the lawyer was conflicted because if the panel reversed a lower court's decision not to grant attorneys' fees in the case, she could be pitted against her client, Loop AI Labs Inc.

  • October 10, 2018

    US Arrests Chinese Spy For Bid To Steal GE Aviation Tech

    A member of China's intelligence agency has been extradited to the U.S. to face charges of attempting to gather trade secrets from jet engine manufacturer GE Aviation, federal prosecutors announced Wednesday.

  • October 10, 2018

    Investor Says Teva Pharma Lied About Price-Hike Scheme

    A Swedish investment firm Wednesday accused Teva Pharmaceuticals in Connecticut federal court of lying to shareholders about an alleged scheme to pump up its share prices through a series of unsustainable price hikes that ultimately resulted in a spate of antitrust suits and the collapse of its market value.

  • October 10, 2018

    AIA Claim Construction Change To Spur Revamped Strategies

    The U.S. Patent and Trademark Office said Wednesday that America Invents Act reviews will start using the same claim construction standard as district courts beginning Nov. 13, and while the change will not usually result in different outcomes in the reviews, it will reshape strategy for litigants, attorneys say.

  • October 10, 2018

    Artist Robert Indiana's Estate Can Arbitrate Dealer's Claims

    The estate of artist Robert Indiana won a bid on Tuesday to arbitrate American Image Art’s crossclaims against it, which stem from a lawsuit alleging that the man behind the iconic "LOVE" image allowed friends to manipulate him and forge his works.

  • October 10, 2018

    Puma Must Face Nike's Flyknit Patent Infringement Claims

    Puma must face claims that the German sportswear company is knowingly ripping off Nike’s patented knitted shoe designs, a Massachusetts federal judge ruled Wednesday, queuing a legal battle over the trendy, sock-like features of Nike’s Flyknit series and Puma’s Netfit series.

  • October 10, 2018

    Duane Morris Adds Trade Secrets Buff From Knobbe Martens

    Duane Morris LLP added a Knobbe Martens intellectual property veteran with a wide range of experience and expertise in trade secret matters as a partner to its San Diego office, the firm announced.

  • October 10, 2018

    Justices Urged To Mull Repeat Patent Challenges Under AIA

    A patent owner asked the U.S. Supreme Court on Tuesday to examine the “multiple proceedings rule” for challenges to a patent’s validity, arguing the Patent Trial and Appeal Board has been inconsistent in how it applies the rule in America Invents Act reviews.

  • October 10, 2018

    Teva Tells Justices AIA Hasn't Changed On-Sale Bar Meaning

    Teva Pharmaceuticals USA Inc. lodged its brief in a case at the U.S. Supreme Court concerning the on-sale bar in patent cases, telling the justices the America Invents Act didn’t give the phrase “on sale” a new meaning that would reverse decades of legal precedent.

  • October 10, 2018

    Record Cos. Rip Cox's 'Ploy' To Move Music Piracy Fight

    The major record labels sharply criticized Cox Communications on Tuesday for pushing to change the venue of their impending showdown over illegal downloading, calling it “a ploy” to avoid bad precedent.

  • October 10, 2018

    Fed. Circ. Upholds $20M Cialis Patent Verdict Against Lilly

    The Federal Circuit on Wednesday upheld a $20 million verdict against Eli Lilly & Co. for infringing a German company's patent when marketing its erectile dysfunction drug Cialis to also treat enlarged prostates.

  • October 10, 2018

    2nd. Circ. Throws Out Order Blocking Lynyrd Skynyrd Movie

    The Second Circuit on Wednesday overturned a court order halting production of a film about the 1977 plane crash that killed members of Lynyrd Skynyrd, but refused calls from critics to declare the earlier ruling "a classic First Amendment violation."

  • October 10, 2018

    Eli Lilly Sues French Ex-Partner Over Patent Inventorship

    Eli Lilly & Co. has accused French biotech firm Adocia SA, with which it had a short-lived research partnership to develop insulin drugs, of falsely claiming that it should be listed as an inventor on a set of Lilly’s other, unrelated insulin patents.

  • October 9, 2018

    Ex-Marks Paneth Accountant Charged In $2M IP Scheme

    Federal authorities in Florida have arrested a former Manhattan accounting firm executive on charges he defrauded investors of $2 million through a sham intellectual property company he created.

  • October 9, 2018

    De Havilland Takes FX 'Feud' Fight To Supreme Court

    Actress Olivia de Havilland is asking the U.S. Supreme Court to revive a lawsuit she filed over the way she was portrayed in the FX docudrama "Feud: Bette and Joan," pressing the justices to reject an “absolutist view of the First Amendment.”

  • October 9, 2018

    Fed. Circ. Affirms Gilstrap's Alice Ax Of Messaging Patents

    The Federal Circuit on Tuesday affirmed U.S. District Judge Rodney Gilstrap’s decision to invalidate seven mobile messaging patents that were asserted against Regal Cinemas, Baskin-Robbins, Edible Arrangements and the Culver’s restaurant chain, leaving intact the lower ruling to ax the patents for being too abstract under the U.S. Supreme Court's Alice test.

  • October 9, 2018

    StubHub Not Clear Of Trade Secret Theft Claims, Judge Rules

    StubHub hasn’t completely dodged allegations that it flouted the Defend Trade Secrets Act when it hired three employees from a startup company who then allegedly misappropriated proprietary data despite a previous ruling in the ticket company’s favor, a California federal judge recently ruled.

  • October 9, 2018

    Law Firms Battle Over 'Ever Argued With A Woman?' Slogan

    A small Florida law firm that uses the slogan “Ever Argued With a Woman?” is suing a Texas firm for trademark infringement for using the similar “Ever Argue With a Woman?”

  • October 9, 2018

    Fed. Circ. Undoes Google's Alice Win On Spreadsheet Patents

    The Federal Circuit on Tuesday reversed a lower court’s invalidation of three patents asserted against Google LLC by a unit of patent licensing company Acacia Research Corp., finding that instead of claiming abstract ideas, they actually claim patent-eligible improvements in spreadsheet technology. 

Expert Analysis

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Design Patent Confusion In Fed. Circ. Maatita Ruling

    Robert Anders

    The Federal Circuit's decision last month in Maatita effectively eliminates the design patent requirement that drawings must enable a person of skill in the art to make and use the invention. The court failed to properly apply statutory standards, leading to an improper result, say Robert Anders of A Design Consultancy and Christopher Rourk of Jackson Walker LLP.

  • Unpacking The New Temporary Rules For Bonus Depreciation

    Ellen McElroy

    Last year’s business-friendly amendment of Internal Revenue Code Section 168(k), which allows immediate expensing for certain business assets, left many questions. In August, the Department of Treasury proposed rules clarifying requirements for depreciable property, but not all solutions are permanent and many issues remain unresolved, say attorneys at Eversheds Sutherland LLP.

  • Intellectual Property Caught In US-China Trade Crossfire

    Holly White

    Earlier this year, President Donald Trump imposed tariffs on Chinese products as a response to China’s trade practices concerning technology transfer, intellectual property and innovation. The U.S.-Chinese trade war highlights the need to approach investments in China differently, taking a broad view of intellectual assets and looking beyond basic legal protection, says Holly White, a consultant at Rouse & Co.

  • Opinion

    Court Doubles Down On Incorrect Right Of Publicity Ruling

    Ronald Katz

    A California federal court's refusal last week to reconsider Davis v. Electronic Arts magnifies the manifest errors in its recent decision by ignoring the blatantly obvious identifiability of the former NFL players, says Ronald Katz of GCA Law Partners LLP.

  • When Courts Allow Changes To Hatch-Waxman 30-Month Stay

    Jeffrey Lewis

    Decisions granting extensions of 30-month stays under the Hatch-Waxman Act are infrequent and often not reported. This small body of cases provides helpful benchmarks for parties, say Jeffrey Lewis and Niki Ikahihifo-Bender of Norton Rose Fulbright.

  • Amgen Suit Shows Limitations Of Biosimilar Safe Harbor

    Julia Kolibachuk

    A Delaware federal court's ruling in Amgen v. Hospira last month may indicate a significant narrowing of the patent infringement exception for activities related to obtaining drug approval from the U.S. Food and Drug Administration, say attorneys at Paul Hastings LLP.

  • Fed. Circ. Redefines 'Real Party In Interest' In USPTO Reviews

    Craig Countryman

    The Federal Circuit’s decision in Applications in Internet Time v. RPX expansively interprets the term “real party in interest” and creates new hurdles for companies that ask the U.S. Patent and Trademark Office to institute an inter partes or post-grant review, says Craig Countryman of Fish & Richardson PC.

  • Early Strategies For Protecting Neural Network Inventions

    Frank DeCosta

    Companies are heavily investing in artificial neural networks and implementing them into products and businesses. This technology provides a vivid illustration of some of the challenges in seeking intellectual property protection for artificial intelligence, say attorneys with Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Dealing With The AIA Trap For Transition Applications

    ​​​​​​​Joe Hetz

    Many practitioners may be surprised to learn that a transition application filed as a continuation application can trigger the first-inventor-to-file provisions of the America Invents Act and can be challenged under post-grant review. This was the situation in ​the ​Patent Trial and Appeal Board case of Schul v. EMSEAL​, say Joe Hetz and Chris Gerardot of Brinks Gilson & Lione.