Intellectual Property

  • April 25, 2017

    Vagina Reshaping Patent Survives Invalidity Challenge

    U.S. District Judge Rodney Gilstrap has denied a bid by Thermigen to invalidate a Viveve patent covering a process for reshaping the vagina, determining that the asserted claims go beyond simply reciting a natural phenomenon.

  • April 25, 2017

    PTAB Nixes Ad Patent Claims Under Alice In Google Challenge

    The Patent Trial and Appeal Board on Monday held that claims in a web advertising patent were invalid under the U.S. Supreme Court’s Alice decision, delivering a win to Google Inc., which challenged the patent in an America Invents Act covered business method review after being sued for infringement.

  • April 25, 2017

    Nike Denied Attorneys' Fees In 'Frivolous' Patent Suit

    A New Jersey federal judge on Monday shot down Nike Inc.’s attempt to have the trust of a deceased inventor, which claimed Nike infringed a golf club patent, pay Nike’s fees after winning the lawsuit, finding that the suit was “frivolous” but that it had not been brought in bad faith.

  • April 25, 2017

    Pharrell, Thicke To 9th Circ: 'Groove' Can't Be Copyrighted

    Pharrell Williams and Robin Thicke fired their parting shot Monday in a closely watched bid to overturn a verdict that their smash hit “Blurred Lines” infringed a Marvin Gaye song, warning the Ninth Circuit that “a groove or feeling cannot be copyrighted.”

  • April 25, 2017

    Merck Settles Keytruda Patent Suit For $19.5M

    Merck Sharp & Dohme Corp. and PDL BioPharma Inc. have called a truce in a patent infringement dispute over Merck’s cancer drug Keytruda, as the companies announced Monday that Merck will pay $19.5 million to license related patent rights and dismiss the case.

  • April 24, 2017

    ABA Sections Urge China To Tweak IP-Antitrust Guidelines

    Several sections of the American Bar Association submitted comments to the Chinese government last week recommending changes to draft guidelines applying the country’s antitrust law to intellectual property, but said the framework largely looks consistent with that employed by U.S. authorities.

  • April 24, 2017

    Luv n' Care Fights $1.4M Fees, Says 'Oral' Contract Invalid

    Luv n’ Care Ltd. hit back against Goldberg Cohen LLP’s attempt to force it to pay over $1.4 million for allegedly flouting an 'oral modification' to a fee contract following the firm's work on a patent case, with the baby products company arguing no such modification was ever made by its general counsel.

  • April 24, 2017

    NY High Court Takes Up Goldman Code Theft Case

    New York’s highest court has agreed to take up the long-running case of former Goldman Sachs & Co. programmer Sergey Aleynikov, who was twice convicted for theft of the financial giant’s source code, though courts have split over whether he actually committed a crime.

  • April 24, 2017

    Fed. Circ. Nixes Part Of Hyundai PTAB Win On Airbag Patent

    The Federal Circuit ruled Monday that Hyundai Mobis Co. Ltd. had not shown that several claims in a patent for a protective airbag system were invalid, reversing part of a 2016 decision from the Patent Trial and Appeal Board in inter partes review.

  • April 24, 2017

    Adderall Generic Blocked After Shire, Amerigen Settle

    A New Jersey federal judge on Monday permanently blocked Amerigen Pharmaceuticals Inc. from moving forward with a generic version of Shire LLC’s attention deficit hyperactivity disorder medication Adderall XR before the patents expire, pursuant to a settlement between the drugmakers.

  • April 24, 2017

    'Mouse' Travel Agency Logo Not Linked To Disney, TTAB Says

    The Trademark Trial and Appeal Board ruled Friday that the name and logo of a travel agency called Me and The Mouse Travel can be registered as a trademark, reversing an examiner's decision that the design would falsely suggest a connection to The Walt Disney Co.

  • April 24, 2017

    $50.3M Verdict Returned In Glass Recycling Patent Suit

    A company that makes dyes for recycled glass bottles has scored a $50.3 million verdict in its favor after a Delaware jury found a competitor willfully infringed one of two relevant patents covering the method.

  • April 24, 2017

    Retailer Can't Escape Tempur-Sealy's TM, Contract Suit

    A Texas federal judge declined Monday to put to sleep Tempur-Sealy’s litigation accusing retailer Mattress Firm of violating an agreement regarding the wind-down of their business relationship by continuing to use the mattress manufacturer's trademarks, but wasn’t persuaded to impose a temporary restraining order either.

  • April 24, 2017

    Fed. Circ. Revives Trauma Mannequin Patent Suit

    The Federal Circuit on Monday revived an infringement lawsuit against Strategic Operations Inc. over a patent for simulating trauma with lifelike mannequins, ruling a lower court wrongly interpreted some of the patent’s key terms.

  • April 24, 2017

    Rupari Says Ch. 11 Adversary Process Must Move Swiftly

    Attorneys for bankrupt meat distributor Rupari Food Services Inc. told a Delaware judge Monday that an adversary proceeding it filed against Tony Roma's Steakhouse regarding a licensing agreement needs to be resolved as quickly as possible to maintain its post-petition funding and stalking horse bid.

  • April 24, 2017

    Lilly Hit With $20M Jury Verdict In Cialis Patent Row

    Eli Lilly & Co. infringed a German pharmaceutical company’s patent when marketing the erectile dysfunction drug Cialis to treat enlarged prostates and should hand over $20 million in damages, a Texas federal jury has found.

  • April 24, 2017

    Whirlpool Seeks 'Exceptional' Finding After $7.6M IP Win

    Attorneys for Whirlpool Corp. asked a Texas federal court Friday to find their water filter patent infringement case against TST Water LLC exceptional on the heels of a jury’s $7.6 million damages award, disclosing a plan to seek $3.8 million in fees.

  • April 24, 2017

    Apple, Samsung Slam Each Other’s Claims In $400M IP Fight

    As Samsung seeks a new trial in Apple’s nearly $400 million smartphone patent case against it following a U.S. Supreme Court ruling and Apple pushes for the full award to be affirmed, both companies maintained that their rival’s arguments should be barred.

  • April 24, 2017

    Trial Lies Merit Fees In Bottle Battle, Aykroyd's Co. Says

    Comedy legend Dan Aykroyd’s liquor brand on Friday asked that a rival found liable for infringing the brand’s skull-shaped bottle designs pay $4.3 million in attorneys' fees and costs after a second jury trial, saying that the competitor’s defense was a “fabrication” and that its founder blatantly lied under oath.

  • April 24, 2017

    Askeladden Wins PTAB Review Of User Authentication Patent

    The Patent Trial and Appeal Board on Monday agreed to review a patent related to user authentication technology that Bank of America Corp. and other financial institutions were previously accused of infringing, following an America Invents Act challenge from Askeladden LLC.

Expert Analysis

  • What Current Legal Developments Mean For Biosimilars

    Lisa M. Ferri

    It looks as though 2017 may be the most pivotal year yet for the Biologics Price Competition and Innovation Act. We may finally see relative consistency and certainty in its applications, allowing us to see whether or not the BPCIA can lower drug prices without compromising patient safety, say Lisa Ferri and Christopher Mikson of Mayer Brown LLP.

  • 9th Circ. Ruling Generates Copyright Preemption Confusion

    Simon Frankel

    The Ninth Circuit recently held that former college athletes could not assert a right of publicity to prevent the NCAA and its licensee, T3Media, from distributing images of the players. While the outcome of the case may be justifiable on the facts, the decision raises more questions than it answers, further muddying the already difficult terrain of copyright preemption under Section 301, say Simon Frankel and Neema Sahni of Coving... (continued)

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • The ITC's Potential Role In Hatch-Waxman Litigation

    Wanda French-Brown

    Wanda French-Brown of BakerHostetler examines whether a branded pharmaceutical company can (or should) use the U.S. International Trade Commission as a forum to block the importation of an active pharmaceutical ingredient, any intermediates of the API, or finished generic drug products in the context of Hatch-Waxman litigation.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Divided Infringement After Eli Lilly V. Teva

    Eric Steffe

    The Federal Circuit recently addressed divided infringement in the context of the pharmaceutical industry for the first time since its ruling in Akamai. The Eli Lilly v. Teva decision provides insight to companies engaged in patenting precision medicine, say attorneys with Sterne Kessler Goldstein & Fox PLLC.

  • Antedating References At PTAB: Trends And Pitfalls

    Christopher Cherry

    Generally, Patent Trial and Appeal Board decisions concerning antedating references turn on the sufficiency of the evidence submitted by patent owners, say attorneys with Buchanan Ingersoll & Rooney PC.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.