Intellectual Property

  • November 27, 2017

    Pfizer Reaches $94M Settlement Over Celebrex Claims

    Pfizer and a class of direct purchasers who allege the drugmaker used fraudulent patents to delay generic competition for its anti-inflammatory drug Celebrex have told a Virginia federal court that they have reached a $94 million settlement agreement.

  • November 27, 2017

    Divided Justices Ask Tough Questions About AIA Reviews

    The U.S. Supreme Court took a hard look Monday at the constitutionality of America Invents Act reviews, questioning whether it’s fair for those who have come to rely on their patents to have them stripped away and why the patent office shouldn’t be able to correct its own mistakes.

  • November 27, 2017

    'Reckless' Adviser Doomed Copy Of Biogen Blockbuster: Suit

    The “reckless indifference” of a prominent pharmaceutical adviser cost a generic-drug maker exclusive rights to sell a copy of Biogen Inc.’s blockbuster multiple sclerosis drug Tecfidera, according to a new lawsuit filed in New York federal court.

  • November 27, 2017

    4th Circ. Upholds $5M Coverage Cap For Legal Mal Award

    The Fourth Circuit on Monday affirmed that Protostorm Inc. can only tap $5 million in coverage under a Virginia law firm's legal malpractice policy to cover part of an $8 million award the tech company obtained against the firm for botching its online game patent, agreeing with a lower court that the malpractice predated a coverage increase.

  • November 27, 2017

    UK To Expand IP Royalty Taxes To Other Countries

    The U.K. government has announced that it will tax intracompany royalty payments for intellectual property related to sales to British customers even if the subsidiary using the IP is in another country, a measure it says is aimed at digital multinational businesses shifting profits into low-tax jurisdictions.

  • November 27, 2017

    Justices Decline Openet's Alice Appeal Over Revived Patents

    The U.S. Supreme Court declined Monday to review a Federal Circuit decision reviving four Amdocs patents that a lower court invalidated under the high court’s Alice ruling.

  • November 27, 2017

    Lenovo Infringing Computer Memory Patent, Inventor Says

    An inventor filed suit against Lenovo Inc. in California federal court on Sunday, alleging that the Chinese computer manufacturing giant infringed his patent for computer memory in a low power mode.

  • November 27, 2017

    IP Attys Bash USPTO's Win-Or-Lose Fee Rule At Fed. Circ.

    Two major intellectual property attorney groups have filed a pair of amicus briefs urging the full Federal Circuit to reject a new U.S. Patent and Trademark Office stance that applicants who appeal to a district court must pay the agency’s legal bills regardless of who wins the case.

  • November 22, 2017

    Google, Netflix 'Irrelevant' To DOJ 2nd Circ. Appeal, BMI Says

    Broadcast Music Inc. asked the Second Circuit on Wednesday to bar Google, Netflix and media industry players from opposing its right to sell partial interests in music in the U.S. Department of Justice’s suit against the performance rights organization, saying their arguments are irrelevant.

  • November 22, 2017

    PTAB Says 2 Ad Patents Not Eligible For CBM Review

    The Patent Trial and Appeal Board has refused Yahoo's request that it review two of AlmondNet's advertising patents, finding Wednesday the patents weren't eligible for the covered business method review program because they don't claim a method related to a financial activity.

  • November 22, 2017

    Justices Urged To Hear If Courts Can Nix Patents Over Alice

    Several patent holding companies banded together to urge the U.S. Supreme Court on Tuesday to hear a case that challenges whether lower courts can invalidate patents because they cover an abstract idea or other subject matter that is ineligible for a patent.

  • November 22, 2017

    Breaking Down Waymo's Trade Secrets Trial With Uber

    Google's driverless car spinoff Waymo will face off in one week against Uber over its claims that the ride-hailing behemoth stole billion-dollar Waymo technology that could tilt the future of the nascent self-driving car industry when it acquired a former Waymo engineer's startup. Here, Law360 takes a look at the case in advance of the trial.

  • November 22, 2017

    Fed. Circ. OKs Ax Of Lilly's Axiron Patent, Allows Generics

    The Federal Circuit ruled Wednesday that a key claim of an Eli Lilly & Co. patent on the testosterone drug Axiron is invalid, upholding a lower court ruling that spurred the generics makers accused of infringement to launch their own versions of the drug.

  • November 22, 2017

    Comcast X1 Set-Top Boxes Infringed 2 Rovi Patents, ITC Says

    The U.S. International Trade Commission has banned the import of certain Comcast Corp. set-top boxes after finding the media company and its video equipment suppliers infringe two patents owned by TiVo’s Rovi Corp.

  • November 22, 2017

    Fed. Circ. Clears Apple In Computer Bootup Patent Case

    The Federal Circuit on Wednesday upheld a lower court’s ruling that Apple iPhones and iPods do not infringe a patent on techniques for initializing a computer system, ruling that the tech giant’s products operate in a different way from the patent.

  • November 22, 2017

    Brand Battles: Mastercard, 'Lord of the Rings,' MLB

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, Mastercard is speechless about an improv group's logo, the owner of the trademark rights to the "Lord of the Rings" franchise targets a "Frodoh" doughnut brand, and two Major League Baseball clubs join a slew of colleges to take on a team-themed drink maker.

  • November 22, 2017

    Medicis, Solodyn Buyers Duel For Quick Wins In Antitrust MDL

    Medicis Pharmaceutical Corp. and two classes of Solodyn buyers have each asked a Massachusetts federal court for quick wins to end the buyers’ pay-for-delay suit accusing Medicis of paying generic-drug makers to stay off the market for the acne medication, with the parties fighting over how much competition exists.

  • November 22, 2017

    Jury Awards Toy Co. $10.3M In Profits For Water Balloon IP

    A Texas federal jury on Tuesday awarded $10.25 million in lost profits to a toy company over two patents for a relatively new water balloon-filling device, copycats of which were allegedly sold by Telebrands Corp. at Bed Bath & Beyond Inc. and other retailers — just weeks before the Patent Trial and Appeal Board is set to hold its own trial over the two patents.

  • November 21, 2017

    Palm Families Make Final Bid For $71M In Licensing Fees

    Family members behind the famous Palm steakhouse in Manhattan said Tuesday in closing trial arguments that they were cheated out of $71 million in intellectual property licensing value by the cousins who built a single trendy outpost into an empire, and certain family members essentially relied on a lack of scrutiny to stick to an extremely low status-quo licensing fee.

  • November 21, 2017

    Judge Asks After Absent Counsel In Fitness Guru's IP Suit

    Fitness guru and celebrity trainer Sebastien Lagree’s intellectual property suit against a competing Pilates business was well into settlement discussions when a California federal magistrate judge on Tuesday ordered the defendants' counsel to explain why they don't deserve sanctions for failing to phone in to a recent conference.

Expert Analysis

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • The Limitations Of Patent Prosecution Data Analytics

    Peter Sleman

    Before the advent of analytical tools like Juristat, it was almost impossible to compare law firms on patent prosecution without sampling file histories. Now firms can finally be compared on a macro basis, but the statistics can be skewed for a number of reasons, says Peter Sleman of Wei & Sleman LLP.

  • 5 Lessons From 5 Years On The Bench At PTAB

    Trenton Ward

    During my tenure as administrative patent judge, I witnessed some excellent advocacy on behalf of parties appearing before the Patent Trial and Appeal Board, and I also witnessed some less than stellar representation. I have some tips to offer, says Trenton Ward, a partner at Finnegan Henderson Farabow Garrett & Dunner LLP and former PTAB judge.

  • Take Down Or Stay Down: Digital Piracy And Trade Negotiation

    Dean Pinkert

    As NAFTA renegotiation reaches a critical juncture, an area of discussion that involves exceptionally difficult trade-offs concerns measures to combat digital piracy, says Dean Pinkert, a partner with Hughes Hubbard & Reed LLP and former vice chairman of the U.S. International Trade Commission.

  • Opinion

    Tribal Immunity May Not Be Wonder Drug For Allergan

    Joshua Landau

    Even though four of Allergan’s patents were invalidated in the Eastern District of Texas on Monday, the inter partes reviews will likely continue. While the Saint Regis Mohawk Tribe's sovereign-immunity motion may succeed at the Patent Trial and Appeal Board, Congress can — and should — render this whole debate moot, says Joshua Landau, patent counsel at the Computer and Communications Industry Association.

  • How Will High Court Rule On IPR? Clues In A Thomas Dissent

    Kayvan Noroozi

    The U.S. Supreme Court is highly likely to find inter partes reviews constitutional in Oil States. The strongest indication lies in Justice Clarence Thomas’ 2015 dissent in B&B Hardware — a case that has received no substantive discussion in the hundreds of pages of briefing filed thus far, says Kayvan Noroozi, principal at Noroozi PC and CEO of Koios Pharmaceuticals LLC.

  • Aqua Products: Watershed Decision Or Barely A Ripple?

    Naveen Modi

    A deeply fractured en banc Federal Circuit in Aqua Products v. Matal has shifted the burden of persuasion onto petitioners to establish the unpatentability of amended claims proffered by patent owners during inter partes review proceedings. But the U.S. Patent and Trademark Office may attempt to promulgate regulations reimposing the burden of persuasion on patent owners, say attorneys with Paul Hastings LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • The Future Of Standard-Essential Patents At The ITC

    Bryan J. Vogel

    For the second time in four years, the U.S. International Trade Commission has been asked to exclude products from import into the United States based on standard-essential patents. The Fujifilm case is a potential opportunity for the ITC to clarify what the proper test is for essentiality in the absence of a contractually agreed-upon definition, say Bryan Vogel and Derrick Carman ​​​of Robins Kaplan LLP.

  • New Jersey Whistleblower Protections: More Than Skin-Deep

    Matthew Stiff

    The Third Circuit recently reiterated its expansive interpretation of New Jersey state whistleblower protections when it revived a patent lawyer’s lawsuit against his former employer. Steven Trzaska’s victory should provide whistleblowers with greater assurance that they can investigate and oppose employer misconduct without fear of retaliation, says Matthew Stiff of Katz Marshall & Banks LLP.