Intellectual Property

  • November 28, 2017

    Avigilon Looks To Move Canon Patent Suit From Texas

    Avigilon Corp. asked a Texas federal judge Monday to dismiss or transfer to another court a patent lawsuit brought by Canon Inc. over surveillance video technology, arguing that it doesn’t have sufficient ties to the district because its office in Dallas was “all but closed” when the suit was filed.

  • November 28, 2017

    6th Circ. Says Infringers Should Often Be Unmasked

    The Sixth Circuit ruled Tuesday that judges should often unmask anonymous internet users when they’ve already been found liable for copyright infringement, issuing a first-ever ruling that those users are entitled to less First Amendment protection than those who are merely accused.

  • November 28, 2017

    Exercise Council Says Insurer Owes $2M In TM Suit Coverage

    The American Council on Exercise told a California federal court Monday that a Chubb subsidiary is refusing to pay the nearly $2 million the group spent defending against a trademark suit.

  • November 28, 2017

    Internet Cos. Urge 9th Circ. To Dump LinkedIn Data Appeal

    A group of internet data companies and the Electronic Frontier Foundation on Monday threw their support behind a startup company’s attempt in the Ninth Circuit to keep alive a preliminary injunction that lets it continue to scrape data from public profiles on LinkedIn.

  • November 28, 2017

    Judge Guts 'Excessive' Fee Bid In Helmet Royalty Fight

    A Massachusetts federal judge on Tuesday awarded a startup hockey-helmet design company less than half of the fees it requested as part of a sanctions order over destroyed evidence in its contract suit against Reebok-CCM Hockey, calling the request excessive and unreasonable.

  • November 28, 2017

    Venable Nabs Gerard Fox Commercial Litigator In LA

    Venable LLP has hired as a partner a Gerard Fox Law PC commercial litigator who specializes in antitrust, securities, entertainment and intellectual property litigation and government compliance, Venable said Monday.

  • November 28, 2017

    Allergan Hit With Antitrust Suit Over Deal With Tribe

    Allergan Inc. was hit with a lawsuit on Monday by a proposed class of indirect purchasers who bought the dry-eye treatment Restasis at allegedly “supracompetitive prices,” saying the company entered into a deal with a Native American tribe to avoid patent invalidation.

  • November 28, 2017

    Waymo-Uber Trial Delayed Over Claims Of Hidden Evidence

    A California federal judge on Tuesday granted a request from Alphabet Inc.’s Waymo to postpone a hotly anticipated trade secrets trial against Uber Inc., following accusations that the ride-share giant hid evidence discovered by federal prosecutors.

  • November 27, 2017

    'Seminal' Allergan Cases Test Copycat Drug Limits

    Two recently filed lawsuits from Allergan PLC are teeing up a pivotal test of the extent to which drug compounders can mass-produce virtual copies of brand-name prescription drugs, attorneys say.

  • November 27, 2017

    Janitorial Co. Sues 2 Ex-Employees In Trade Secrets Row

    Illinois-based janitorial services company The Millard Group Inc. sued two of its former employees in Illinois federal court Sunday, claiming one longtime executive stole trade secrets from Millard in order to benefit a competitor, and another employee broke his noncompete agreement in order to work for the same competitor.

  • November 27, 2017

    Demi Lovato, Idina Menzel Named In ‘Let It Go’ IP Suit

    A Chilean singer on Thursday sued The Walt Disney Co. and several associated companies — as well as performers Idina Menzel and Demi Lovato — over the song “Let It Go” from the movie “Frozen,” claiming the tune infringes one of his own Spanish-language songs.

  • November 27, 2017

    Nidec Urges High Court To Examine Fed. Circ. Patent Test

    Nidec Motor Corp. has asked the U.S. Supreme Court to review a decision that found part of its air conditioning patent was obvious, arguing the Federal Circuit imposes a “rigid” test that makes it nearly impossible for patent owners to show earlier documents teach away from their invention.

  • November 27, 2017

    Shire Trade Secrets Complaint Against Ultragenyx Accelerated

    A Boston federal judge agreed on Monday to fast-track two pharmaceutical companies’ legal battle over their allegedly dueling access to a handful of doctors specializing in the treatment of ultra-rare enzyme deficiencies.

  • November 27, 2017

    Supreme Court Weighs PTAB Partial Decisions

    Several U.S. Supreme Court justices on Monday appeared willing to leave intact the Patent Trial and Appeal Board’s practice of limiting its final decisions to patent claims that it agreed to review, with some noting that PTAB has broad discretion when deciding whether to institute review proceedings.

  • November 27, 2017

    Maquet Sues Abiomed Over Blood Pump Patent

    Maquet Cardiovascular LLC sued Abiomed Inc. for patent infringement in Massachusetts federal court last week, seeking to add damages and royalties for a recently approved patent to the companies' ongoing intellectual property feud over the technology rights to intravascular blood pumps.

  • November 27, 2017

    2nd Circ. Nixes Google, Netflix Appearance In BMI Appeal

    The Second Circuit has denied a request from Google, Netflix and other media industry heavyweights to appear at oral arguments in the U.S. Department of Justice's dispute with Broadcast Music Inc., saying the companies should offer feedback to the court by letter instead.

  • November 27, 2017

    Justices Deny Appeal Of Dow's Award In Nova Patent Row

    The U.S. Supreme Court on Monday refused to review a Federal Circuit decision that affirmed Dow Chemical’s $2.5 million attorneys’ fee award and a finding that Nova Chemicals used “extreme tactics” in a fraud suit against Dow and its attorneys over alleged misconduct in an underlying patent case.

  • November 27, 2017

    Chinese Nationals Charged With Hacking Siemens, Moody's

    A trio of Chinese nationals have been charged with hacking the computers of at least three U.S.-based companies, including Siemens and financial analytics company Moody’s, and in one instance stealing trade secrets, according to a Pennsylvania federal grand jury indictment made public Monday.

  • November 27, 2017

    Fed. Circ. Affirms Denial Of 'Magnesita' Trademark

    The Federal Circuit on Monday upheld the Trademark Trial and Appeal Board’s denial of two Magnesita Refractories trademark applications for “magnesita,” agreeing with the board that the mark too broadly described its refractory products and services.

  • November 27, 2017

    Pfizer Wants Justices To Review Lipitor Antitrust Ruling

    Pfizer Inc. and generic-drug maker Ranbaxy Inc. have asked the U.S. Supreme Court to review a decision by the Third Circuit to revive allegations in multidistrict litigation accusing Pfizer of making an illegal reverse payment to keep Ranbaxy’s generic version of cholesterol drug Lipitor off the market, saying antitrust scrutiny isn’t appropriate for “commonplace” and “traditional” settlements such as the one at issue.

Expert Analysis

  • Opinion

    High Court Should Accept Samsung Case, Despite SG's Brief

    Joshua Wolson

    In a somewhat puzzling submission this month, the solicitor general acknowledged concerns with the Federal Circuit’s ruling in Apple v. Samsung but nonetheless urged the U.S. Supreme Court not to hear the case. His position poses several problems, and the Supreme Court should not be swayed by it, says Joshua Wolson of Dilworth Paxson LLP.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • A Patent Showdown Brewing Between Fed. Circ., High Court

    Bryan Schwartz

    Although the precise timing and context is not predictable, there are a number of signs that a clash between the Federal Circuit and the U.S. Supreme Court on functional or result-based claiming is inevitable, says Bryan Schwartz of Squire Patton Boggs LLP.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.

  • Strategies For Winning The IPR Race

    Sean Murray

    Given the current state of the law, defendants are sprinting to invalidate a patent in inter partes review before plaintiffs can obtain final judgment in parallel district court proceedings. There are many ways for patent owners and accused infringers to maximize their chances of being first across the finish line, says Sean Murray of Knobbe Martens.

  • Anticipating Senate Questions For USPTO Director Nominee

    Andrew Baluch

    A review of every U.S. Patent and Trademark Office director confirmation hearing since 1999 reveals the likely questions the Senate will ask Andrei Iancu at his upcoming hearing for that position, says Andrew Baluch, a partner at Smith Baluch LLP and former adviser at the USPTO.

  • Stockpiling Biologics Under Hatch-Waxman Protection

    Paul Dietze

    Recent biosimilars cases have raised questions regarding whether the Hatch-Waxman Act safe harbor provision protects commercial stockpiling. Though there is surprisingly little case law on this issue, the existing case law supports that stockpiling is at least partially protected, say attorneys with Haynes and Boone LLP.

  • How District Courts Treat Patent Eligibility In Life Sciences

    Eldora Ellison

    We analyzed district court litigations in the life sciences from June 2013 through June 2017. During that period, 26 sets of biotechnology-related patents were adjudicated for patent eligibility, and slightly more than half survived, say Eldora Ellison and Jaume Canaves of Sterne Kessler Goldstein & Fox PLLC and Paul Golian, assistant general counsel at Bristol-Myers Squibb Co.

  • Fair Use With Dr. Seuss

    Tal Dickstein

    Because of their unique style and wide appeal, elements of Dr. Seuss’ books have been borrowed by other authors who claim their works are protected parody. A review of these cases, including a decision last month in the Southern District of New York, provides helpful guidance on how the fair use defense applies to parodies, says Tal Dickstein of Loeb & Loeb LLP.

  • Still Difficult For Patent Holder To Use Equivalents Theory

    Wang.jpg

    The courts have come up with various ways of limiting the application of the "doctrine of equivalents" infringement theory. The Federal Circuit's recent decision in Jang v. Boston Scientific demonstrates an example of the ensnarement rule, says Alan Wang of Haynes and Boone LLP.