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Intellectual Property

  • September 6, 2018

    USPTO Gets An Earful About Planned Fee Hike At Hearing

    Intellectual property groups and inventors pressed the U.S. Patent and Trademark Office at a hearing Thursday for more information about why it is planning to raise many of its patent fees and what the money will be used for, arguing that several proposals seem excessive.

  • September 6, 2018

    Fed. Circ. Hands Win To Supernus Over Generic Seizure Drug

    The Federal Circuit on Thursday upheld a New Jersey federal judge’s decision finding that Supernus Pharmaceuticals Inc. patents related to its anti-epilepsy drug are valid and infringed by generics maker TWi Pharmaceuticals Inc., saying that the court did not improperly give a related case preclusive effect.

  • September 6, 2018

    Lululemon Secures Fed. Circ. Win In Row Over Sports Bra IP

    The Federal Circuit on Thursday affirmed a Delaware federal court’s determination that Lululemon did not infringe the asserted claims of a patent covering a sports bra, based in part on how the lower court construed a term for how to adhere materials.

  • September 6, 2018

    Swan-Shaped Pool Float Isn't Trade Dress, 2nd Circ. Says

    The Second Circuit ruled Thursday that a Long Island pool products company couldn’t claim exclusive trade dress rights to a large inflatable swan, calling the effort “impermissibly overbroad.”

  • September 6, 2018

    Chicago IP Firm Wants Ex-Partner's Defamation Suit Tossed

    The founder of a Chicago intellectual property firm asked an Illinois state court judge on Tuesday to throw out a defamation suit filed by a former partner, saying the comments the firm made to its clients about the partner after terminating him are true.

  • September 6, 2018

    The Village Recorder Lodges TM Suit Against Film Studio

    Los Angeles recording studio the Village Recorder lodged a trademark suit against a Louisiana-based studio called Village Studios on Wednesday, claiming Village Studios is piggybacking on the goodwill of the more famous studio.

  • September 5, 2018

    Are PTAB Appointments Unconstitutional? A Closer Look

    Patent owners in two cases have recently urged courts to rule that the way Patent Trial and Appeal Board judges are appointed violates the U.S. Constitution. Here's a breakdown of the theory behind this effort to curtail the board's authority, and how it could shake up patent law.

  • September 5, 2018

    Disney Shakes Nearly All Of State 'Zootopia' Rip-Off Suit

    A California judge on Wednesday dismissed the bulk of a screenwriter’s suit alleging Disney’s “Zootopia” ripped off ideas he pitched to the studio, following the dismissal of a similar federal suit, saying that only the movie’s title itself bears similarities to the writer’s unproduced treatment.

  • September 5, 2018

    Facebook Hits BlackBerry With Patent Suit Of Its Own

    Facebook Inc. accused BlackBerry Ltd.’s devices of infringing patents related to instant messaging, GPS systems, computer security and other functions in a lawsuit filed Tuesday in California federal court, turning the tables on BlackBerry after it accused Facebook of infringement earlier this year.

  • September 5, 2018

    MasterCard Patent Fight Hinges On Multiple Uses, Court Told

    An inventor urged a Federal Circuit panel in oral arguments Wednesday to again upend a Patent Trial and Appeal Board decision invalidating payment system patents asserted against, and challenged by, MasterCard, arguing the PTAB wrongly read the technology for multiple transactions as anticipated by prior art on “single use.”

  • September 5, 2018

    PTAB Denies Repeat Challenge To IRobot Patent

    The Patent Trial and Appeal Board declined Wednesday to review an iRobot Corp. patent covering an obstacle detection system for a robot, citing an earlier challenge to the patent, while one judge advocated for adding another factor to the board’s analysis of serial petitions.

  • September 5, 2018

    Frontier Seeks Nix Of $210M Patent Suit By 'Serial Litigant'

    Frontier Communications Corp. on Wednesday urged an Eastern District of Texas judge to rule in its favor in a $210 million patent suit filed by “serial litigant” Blue Spike, saying that the data-patent holder failed to do its due diligence by suing the wrong entity and making more than 140 pages of boilerplate accusations.

  • September 5, 2018

    Full Fed. Circ. Urged To Find Data Patent Valid Under Alice

    InvestPic LLC urged the full Federal Circuit on Tuesday to review a panel's decision that the company’s patented software product, which was asserted against SAP America Inc., is too abstract, arguing that the panel had misapplied a test to determine patent eligibility and imposed incorrect requirements on the invention.

  • September 5, 2018

    Ex-NFLers Can't Revive 'Madden' Class Action

    A California federal judge on Wednesday refused to overturn a ruling that barred retired NFL players from collectively suing Electronic Arts Inc. over "Madden" video games, at one point citing the fact that a giant defensive lineman would be much easier to identify than players of average height.

  • September 5, 2018

    Wine Spectator Hits 'Weed Spectator' With Trademark Suit

    The publisher of Wine Spectator magazine has sued a "copycat" rating site called "Weed Spectator" for trademark infringement in New York federal court, saying it doesn’t want to be associated with “a drug that cannot legally be consumed recreationally in 42 states.”

  • September 5, 2018

    PTAB Stands By Post-SAS Changes In Dartmouth Patent Case

    The Patent Trial and Appeal Board said Wednesday it would move ahead with review of all claims in a Dartmouth College patent related to vitamin supplements, despite the college’s objection that the board created a “completely different review” following the Supreme Court’s ruling in SAS Institute.

  • September 5, 2018

    NJ Can't Hear Co.'s Fee Row With Ill. Law Firm, Judge Says

    A New Jersey federal judge on Wednesday tossed a technology company's complaint against an Illinois law firm over nearly $270,000 in legal fees incurred in underlying patent litigation, ruling that the law firm has no ties with the Garden State.

  • September 5, 2018

    Goodwin Adds Ex-Vinson & Elkins IP Trial Atty In Calif.

    Goodwin Procter LLP has added an intellectual property trial attorney in California from Vinson & Elkins LLP who specializes in patent litigation in the technology, software and life sciences industries and has represented Suprema Inc., Napster Inc. and the NFL.

  • September 5, 2018

    Fed. Circ. Urged Not To Rehear Axing Of $140M IP Verdict

    Fairchild Semiconductor urged the full Federal Circuit on Tuesday to reject Power Integrations' petition for a rehearing of a panel decision that vacated a $140 million damages award over the infringement of two Power Integrations chip patents, saying the court "correctly applied well-established law."

  • September 5, 2018

    FDA Focus: What Morgan Lewis' Practice Chair Is Watching

    Morgan Lewis & Bockius LLP's Kathleen Sanzo, leader of the firm's U.S. Food and Drug Administration practice, tells Law360 she's tracking food safety challenges, surging litigation against dietary supplement companies, new FDA policies on personalized-medicine devices and the agency's efforts to boost generic drugs. This is the latest in a series of interviews with FDA practice leaders.

Expert Analysis

  • The Pros And Cons Of Licensing Technology

    Toni Hickey

    Statistics show that licensing activity is at an all-time high. Still, companies should carefully consider whether and how to license technology, as licensing arrangements can present a conundrum for both intellectual property owners and licensees, say Toni Hickey of Cummins Inc. and William Barrow and Charles Harris of Mayer Brown LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • WesternGeco Could Lead To Cases Against Foreign Suppliers

    Jenny Colgate

    Lawyers have been speculating about the implications of the U.S. Supreme Court's decision in WesternGeco, particularly with respect to foreign lost profit damages for infringement. Less discussed, though, is the potential for a rise in induced-infringement cases against foreign suppliers, says Jenny Colgate of Rothwell Figg Ernst & Manbeck PC.

  • Questions Raised By Laws That Use Copyrighted Standards

    Matthew Zorn

    When a government incorporates a copyrighted work into law, what happens to the copyright? Last month, in American Society for Testing & Materials v. Public.Resource.Org, the D.C. Circuit sidestepped the copyrightability arguments and did not mention another issue lurking beneath the surface of this type of case — the takings clause, say Matthew Zorn and Shane Pennington of Yetter Coleman LLP.

  • Responding To Fed. Circ.'s Latest Patent Damages Test

    Eric Phillips

    Although the Federal Circuit's decision last month in Power Integrations v. Fairchild appears to raise the bar on using an entire product as the royalty base, other recent decisions appear to relax requirements for certain plaintiffs or even provide an alternate path to the same damages figure, say Eric Phillips of VLF Consulting Inc. and Amol Parikh of McDermott Will & Emery LLP.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • How Fed. Circ. Nike Ruling May Change Inter Partes Review

    Michael Fleming

    While the U.S. Supreme Court held that any inter partes review final written decision must decide the patentability of all claims challenged in the petition, it left open the question of whether the decision must address all grounds raised in the petition. The Federal Circuit recently provided an answer in Adidas v. Nike, say Michael Fleming and James Milkey of Irell & Manella LLP.

  • Opinion

    A Decade Of US Patent Reform Must Not Be Undone

    John Thorne

    Recent reforms in America's patent system have nurtured a remarkable burst of American innovation. Despite this, legislation has been filed in Congress that would effectively repeal the America Invents Act and overturn a number of U.S. Supreme Court decisions, says John Thorne of the High Tech Inventors Alliance.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Trends And Predictions For Serial Biologic Drug IPR Petitions

    Frederick Millett

    Frederick Millett and Robert Schwartz of Fitzpatrick Cella Harper & Scinto reviewed 107 biologic drug inter partes review petitions to see how the U.S. Supreme Court's SAS decision and the Patent Trial and Appeal Board's precedential General Plastic decision are likely to affect biologics IPRs.