Intellectual Property

  • April 26, 2017

    ITC Pro Joins McGuireWoods IP Practice

    A former Steptoe & Johnson LLP intellectual property partner who has worked on over 50 U.S. International Trade Commission and U.S. Customs and Border Protection cases for clients such as Nintendo has joined McGuireWoods LLP.

  • April 26, 2017

    Sprint Slams TWC's Move To Nix $140M Patent Verdict

    Sprint Communications Co. fought back Tuesday against Time Warner Cable Inc.’s efforts to nix a recent $140 million jury award for willful infringement of Sprint’s patents covering internet-enabled phone calls, telling a Kansas federal court the jury received plenty of evidence to justify the verdict.

  • April 26, 2017

    Par Hit With Fees For 'Unsupported' Luitpold Patent Suit

    A New Jersey federal judge has ordered Par Pharmaceutical Inc. to pay more than $200,000 in attorneys’ fees after ruling that a patent suit the company filed over Luitpold Pharmaceuticals Inc.’s planned generic version of a Par allergy drug was “completely unsupported by case law.”

  • April 26, 2017

    Allergan Settles Apotex Pinkeye Meds Product-Hopping Suit

    A Delaware federal judge on Wednesday dismissed a 5-year-old lawsuit alleging Allergan Inc. conspired with other pharmaceutical companies to stifle competition for its Zymar pinkeye treatment after the company announced it had reached a settlement with generics maker Apotex Inc.

  • April 26, 2017

    Athletic Tape Co. Says UK Ex-Partner Still Using IP

    A sports medicine company specializing in therapeutic tape launched a lawsuit Wednesday in Utah federal court against a former U.K-based partner, saying the company continues to profit off of its trademarks and copyrights after a distribution agreement ended in 2013.

  • April 26, 2017

    PTAB Rejects DOJ Challenge To 2 Messaging Patents

    The Patent Trial and Appeal Board said Wednesday it would not review two patents that the federal government’s emergency messaging system has been accused of infringing, a setback for the U.S. in a rare instance where it has challenged patents in America Invents Act reviews.

  • April 26, 2017

    House Passes Bill Changing Copyright Office Appointments

    The House passed a bill to make the nation’s copyright register a Senate-confirmable position, over the concern among some Democrats that the administrator would be subject to the whims of the executive.

  • April 26, 2017

    Justices Mull Biosimilar Duties At Amgen-Sandoz Arguments

    The U.S. Supreme Court on Wednesday appeared torn on how to resolve a high-stakes fight between Amgen and Sandoz, with justices expressing uncertainty about how to interpret the legal obligations of biosimilar makers.

  • April 25, 2017

    Uber Can't Depose Google Co-Founder In Driverless Car Row

    A California federal judge ruled Tuesday that Uber can't depose Google co-founder Larry Page in its trade secrets fight with driverless car spinoff Waymo, saying a question about whether Page knew an employee was allegedly stealing trade secrets could be answered in writing instead.

  • April 25, 2017

    Fed. Circ. Faults PTAB For Not Explaining Nix Of Call Patent

    The Federal Circuit on Tuesday partly vacated Patent Trial and Appeal Board decisions that found invalid a Securus Technologies Inc. patent related to call processing technology, saying the board provided no explanation for why certain claims were obvious.

  • April 25, 2017

    'Straight Outta Compton' Suit Seeks Greenberg Traurig DQ

    The estate of the former manager of rap group N.W.A. asked a California federal court Monday to disqualify Greenberg Traurig LLP from representing NBCUniversal, Ice Cube and other defendants in the ex-manager's defamation suit stemming from his portrayal in the movie "Straight Outta Compton," arguing that a Greenberg partner once represented him in the early 1990s.

  • April 25, 2017

    Tech Co.'s Suit Must Be Stayed During Arbitration: 2nd Circ.

    The Second Circuit on Tuesday ordered a lower court to pause, rather than dismiss, a lawsuit lodged against a U.S. patent licensing company by a U.K. technology company while the parties hash out a breach of contract dispute in arbitration, saying a stay is required under federal law.

  • April 25, 2017

    Collector Of Vivian Maier Photos Can't Sell During IP Row

    The owner of a massive collection of amateur photographer Vivian Maier's work can't sell or move his photos while an Illinois federal judge sorts out whether their copyright belongs to her estate, the judge said Tuesday.

  • April 25, 2017

    Senators Express Concerns About Patent System At Hearing

    Some members of the Senate Judiciary Committee said Tuesday that they worry recent court decisions and rule changes have weakened the patent system, while others called for action to crack down on so-called patent trolls, though neither camp indicated new legislation is imminent.

  • April 25, 2017

    PocketProtein Investor Demands Records On Licensing Deal

    An investor in protein drink marketer PocketProtein Inc. lodged a demand in Delaware Chancery Court late Monday to see the company’s books and records, particularly surrounding a licensing deal that purportedly requires the marketer to transfer all its assets to a company connected to PocketProtein's CEO.

  • April 25, 2017

    Fox Says 'Empire' Copyright Suit Is 'Frivolous'

    Fox asked a federal judge Tuesday to toss out a lawsuit claiming the network stole its smash hit “Empire” from an unpublished novel, saying the two have “virtually nothing in common.”

  • April 25, 2017

    Fed. Circ. Mostly Affirms PTAB In Duke Patent Dispute

    The Federal Circuit on Tuesday held that numerous claims in a Duke University patent covering a method for treating a muscle disease are invalid, largely affirming a Patent Trial and Appeal Board decision in a challenge brought by BioMarin Pharmaceutical Inc.

  • April 25, 2017

    Halliburton Says Supplier's IP Claims Vague, Seeks Sanctions

    Halliburton Energy Services urged a Texas federal judge on Tuesday to dismiss trade secrets claims brought by machine supplier Legacy Separators LLC and to issue sanctions, arguing that after litigating for three years and racking up millions in attorneys' fees, it still doesn't know what secret it allegedly stole.

  • April 25, 2017

    Boston Market TM Suit Grills Eatery's Copycat Admission

    Boston Market Corp. hit a small independent eatery with a trademark suit in Pennsylvania federal court Tuesday, claiming the owner of “Boston Style Chicken” has refused to change its “confusingly similar name” to the rotisserie chain’s and even admitted in an interview, “I did it on purpose.”

  • April 25, 2017

    DC Circ. Revives SoundExchange Suit Against Muzak

    The D.C. Circuit on Tuesday revived an unusual lawsuit filed by royalty group SoundExchange that claims music provider Muzak is using an obscure grandfather clause to “cheat artists.”

Expert Analysis

  • 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.

  • Ex Parte Seizures Under DTSA: A 1-Year Update

    Jay D. Hermele

    Despite the potential for the Defend Trade Secrets Act to grant severe remedies to plaintiffs in federal trade secret claims, in the year since its implementation, the limitation of ex parte seizure to “extraordinary circumstances” may not provide plaintiffs with the leverage they initially anticipated, say Jay Hermele and Abigail Brown of Moye White LLP.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Rebuttal

    The Limitations Of Analytical Approach To Reasonable Royalty

    Alan J. Cox

    A recent Law360 guest article suggests that the analytical approach “may be a helpful tool in the complex analysis often required to determine a reasonable royalty.” In fact, the actual implementation of the analytical approach has little basis in business practice or in economics, and is generally inappropriate for the valuation of intellectual property, says Alan Cox, chairman of NERA Economic Consulting's IP practice.

  • Real-World IP Tools In Virtual Worlds

    Elizabeth D. Ferrill

    Nonmillennials usually approach things like virtual reality from the perspective of what we know as the “real” world. We compare objects and interactions with how they would be if generated by Mother Nature. This is the greatest challenge for intellectual property professionals working in a virtual environment, say Elizabeth Ferrill of Finnegan Henderson Farabow Garrett & Dunner LLP and Joacim Lydén of Awapatent.

  • A Rising Tide Of Proposed Chemical Disclosure Laws

    Thomas A. Manakides

    The Cleaning Product Right to Know Act of 2017 was recently introduced in California and is intended to require manufacturers to disclose the ingredients in their cleaning products. The bill contributes to the increasing legislative trend in California — and elsewhere — of consumer product right-to-know initiatives, say Thomas Manakides and Krista deBoer of Gibson Dunn & Crutcher LLP.