Intellectual Property

  • October 16, 2017

    Janssen Defends Role As Sole Patent Owner In Remicade Suit

    Johnson & Johnson doesn’t need to be named as a party in patent infringement litigation regarding subsidiary Janssen Biotech Inc.’s blockbuster biologic Remicade, as Janssen has full patent ownership rights, the unit told a Massachusetts federal court Monday.

  • October 16, 2017

    Comcast, Others Infringed Home Security Patent, Suit Says

    Video surveillance technology company ComCam International hit Comcast Cable Communications, Abode Systems and SimpliSafe with suits in Delaware federal court Friday, accusing the companies of infringing its internet-based security, fire and emergency identification system patent with their home security and automation products.

  • October 16, 2017

    GCs To Spend More On IP Litigation In 2018

    Companies are expected to increase spending on intellectual property litigation by more than a quarter of a billion dollars next year, a new report shows, and law firms hoping to capitalize are going to have to engage with potential clients early in the process with a specific, tailored approach.

  • October 13, 2017

    Carmen Electra, Models Sue Strip Club For Using Their Photos

    A group of 30 models, including former Baywatch and Playboy star Carmen Electra, hit Chicago strip club Atlantis Gentlemen’s Club with a false advertising and defamation suit in Illinois federal court Thursday, saying none of them ever gave their permission to Atlantis to use their likenesses in advertising for the club on social media.

  • October 13, 2017

    Allergan, Generic Cos. Debate If Tribal Patent Deal Is A 'Sham'

    Generic-drug makers told a Texas federal court Friday that Allergan’s transfer of patents for the dry-eye treatment Restasis to a Native American tribe in a bid to escape Patent Trial and Appeal Board review is a “sham” and “pure hypocrisy,” while Allergan argued the deal is a valid transaction.

  • October 13, 2017

    Alice Worries Turn To Admiration For Fed. Circ. Judge

    As a first-year judge in 2014, Federal Circuit Judge Raymond Chen remembers feeling concerned that the U.S. Supreme Court’s Alice decision was “broad and conceptual in its guidance.” But three years on the bench have shown him the wisdom of the high court’s incremental approach, Judge Chen said in a keynote speech at an intellectual property summit in Los Angeles on Friday.

  • October 13, 2017

    Actavis Generic Infringed Weight Loss Pill Patent, Judge Says

    A Delaware federal court ruled Friday that generic drug company Actavis Laboratories FL Inc. failed to invalidate patents held by Orexigen Therapeutics Inc. and thus infringed its weight-loss drug Contrave.

  • October 13, 2017

    Studios Say TickBox Aids IP Theft 'With A Wink And A Nod'

    Major movie studios and entertainment newcomers like Netflix and Amazon banded together to sue TickBox in California federal court Friday, saying the online streaming service infringes their copyrighted content by selling “with a wink and a nod” devices customers can use to watch movies and TV shows for free. 

  • October 13, 2017

    Brand Battles: CVS, Adidas, Monster Energy, Amazon

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, CVS gets into another heart-shaped dispute, Adidas targets Turner Sports over the "three-stripe mark," Monster Energy files a whopping five new cases, and Amazon faces a fight from a venerable Texas brewery over its "wicked" new food brand.

  • October 13, 2017

    Patent Litigator Goes After Wearables For Seniors

    Frequent patent-litigation plaintiff SportBrain sued Reemo Health LLC in Illinois federal court on Friday over Reemo's wearable devices and smart tech for seniors, saying they infringe a SportBrain patent covering the capture of personal data in mobile devices.

  • October 13, 2017

    SunEdison Can End IP Contract With Korean Co., Judge Rules

    A New York bankruptcy judge on Friday found that a supply and license agreement between SunEdison Inc. and a Korean company it helped create to manufacture solar materials is governed by New York law and was properly terminated, allowing SunEdison to sell the patent rights to the production process.

  • October 13, 2017

    Fed. Circ. Affirms Smartphone Makers' ITC Win Under Alice

    The Federal Circuit on Friday upheld a U.S. International Trade Commission ruling that found a Creative Technology Ltd. media player patent is invalid under the U.S. Supreme Court’s Alice decision, sealing a win for various smartphone makers, including Sony Corp. and Samsung Electronics Co. Ltd.

  • October 13, 2017

    Texas Panel Says TGI Friday's Drinks Not Protected Speech

    Mark Anthony Brewing Inc.'s bid to sell malt beverages under the TGI Friday's Inc. restaurant brand violated a state alcohol provision and isn't protected commercial speech under the First Amendment, a Texas appeals court held on Friday, reversing a trial court ruling.

  • October 13, 2017

    FTC Chief Says Antitrust Enforcers Must Mind IP Rights

    Federal Trade Commission acting Chairman Maureen K. Ohlhausen said Friday that overseas antitrust enforcers are eroding intellectual property rights and that the United States should refrain from following suit, reflecting a conservative position that she has consistently advocated.

  • October 13, 2017

    General Dynamics, Others Infringed Radio Patent, Suit Says

    General Dynamics and four other companies have infringed a patent for a radio communication method, Zavala Licensing LLC claimed in five separate suits filed Wednesday and Thursday in Delaware federal court.

  • October 13, 2017

    Auto Software Maker Wants Rival's Sales Halted

    An Illinois-based maker of software that lets car buffs “tune” their rides asked a Washington federal judge Thursday to stop a rival from selling competing products at an upcoming trade show it claims were made with hacked trade secrets.

  • October 13, 2017

    IP Hires: Womble Carlyle, Kirkland, Apple

    In this week’s intellectual property partners on the move, Womble Carlyle adds a trio of patent partners in its Boston office, Kirkland rehires a partner focused on International Trade Commission proceedings, and Apple nabs a former Honeywell senior vice president to replace its retiring general counsel. Here are details on IP attorneys who have landed new jobs.

  • October 13, 2017

    Fed. Circ. Fracture On Deference Puts USPTO In Tough Spot

    The en banc Federal Circuit’s deeply divided decision last week on when U.S. Patent and Trademark Office interpretations of statutes are entitled to deference makes it hard for the office and litigants to know if current and future patent regulations will withstand appellate review, experts say.

  • October 13, 2017

    Health Hires: Boston Scientific, Mintz Levin

    Several companies and firms have bolstered their health and life sciences practices over the last few weeks, including Boston Scientific Corp., which named a new general counsel with a wealth of in-house experience, and Mintz Levin, which expanded its health practice with the former general counsel of a major New England health system.

  • October 13, 2017

    Canon Defends $1.8M Attys’ Fees In Memory Card IP Row

    Canon Inc. on Thursday asked the Federal Circuit to uphold a ruling saying that the holders of two flash memory card reader patents owe it nearly $1.8 million in attorneys’ fees after an exceptional infringement case, reasoning that their flimsy arguments underscore that the court did not abuse its discretion.

Expert Analysis

  • Gorilla Glue Case Shows Cannabis IP Is Not Sticking

    Thomas McMahon

    Last week's trademark settlement between adhesives company Gorilla Glue and cannabis company GG Strains is the latest in a string of settlements that show there is marketplace precedent but no reliable legal precedent for cannabis brands registering and enforcing their own trademarks, say Thomas McMahon and Lauren Estevez of Margolin & Lawrence.

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Trademark World Can Learn From Nobel-Winning Economist

    Richard Kirkpatrick

    When the "bounded rationality" work of Richard Thaler — who was recently awarded the Nobel Prize in economics — is imported into the trademark realm, trademark jurisprudence may start understanding that consumers respond to brands not only with their heads but also with their hearts, says Richard Kirkpatrick of Pillsbury Winthrop.

  • Venue Transfers Within East Texas: The Case To Know

    Matthew Zorn

    Following the recent Cray ruling on patent venue, companies that have physical presences in the northern Dallas suburbs and are subject to infringement suits in the Eastern District of Texas may want to consider transfer to the Sherman Division under a Fifth Circuit case rarely invoked in patent cases — Radmax, says Matthew Zorn of Yetter Coleman LLP.

  • Insights On Protecting Referral Sources With Noncompetes

    Leonard Samuels

    The Florida Supreme Court's recent decision in White v. Mederi Caretenders Visiting Services of Southeast Florida and Americare Home Therapy v. Hiles recognizes that referral sources are the lifeblood of the home health care business and worthy of protection. The ruling should be viewed as a strong statement by the court that restrictive covenants will be enforced to prevent unfair competition, says Leonard Samuels of Berger Singerman LLP.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • Defensive Patenting Strategies For Blockchain Innovators

    Leslie Spencer

    In response to blockchain patenting activity, blockchain companies and other stakeholders have begun collaborating to develop a patent pledge or patent pool for patents related to blockchain technology, say Leslie Spencer and Marta Belcher of Ropes & Gray LLP.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • Strategies For Protecting Biotechnology In Brazil And China

    Deborah Sterling

    Brazil and China have taken important steps to become significant contributors to the future success of the bioeconomy. Understanding options for quickly procuring and challenging patents in Brazil and China can be key for companies looking to expand their bioeconomy investments outside the U.S. and Europe, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

  • Cybersecurity Due Diligence In M&A: 8 Questions To Ask

    Thomas Smedinghoff

    Many acquirers pay little or no attention to the cybersecurity preparedness of the target company. But the target company’s cybersecurity status can have a major impact on the company’s present value as well as on the potential future liabilities that the acquirer may be assuming, say Thomas Smedinghoff and Enrique Santiago of Locke Lord LLP.