Intellectual Property

  • June 21, 2017

    Justice Sotomayor On The Power Of Dissent

    Justice Sonia Sotomayor discusses her views on writing dissents and the change she hopes they inspire in the law, in the second of two articles based on an exclusive interview with the 111th justice.

  • June 21, 2017

    Google Dodges Space Data's Contempt Bid In IP Tech Row

    A California federal magistrate judge on Wednesday rejected Space Data Corp.’s bid to hold Google in contempt for failing to hand over certain “core technical documents” as ordered in their intellectual property fight, saying the search giant can withhold the material while it appeals the order.

  • June 21, 2017

    Design Co. Called 'Troll' By 7th Circ. Asks For Rehearing

    An architecture firm the Seventh Circuit likened to an “intellectual property troll” in a decision shutting down its copyright suit earlier this month asked the court on Tuesday to cut that out of the ruling and also rehear the case en banc, saying the panel made a decision without full analysis.

  • June 21, 2017

    Toshiba, Intellectual Ventures To Settle Chip Patent Case

    Toshiba and Intellectual Ventures stipulated Tuesday that they have settled a case in which a Delaware federal jury in January found that the technology giant hadn't induced infringement of a patent covering an adapter that allows a handheld computer to communicate with multiple attached devices.

  • June 21, 2017

    Sens. Aim To Make Big PTAB, Court Changes To Aid Patentees

    A bipartisan group of senators unveiled a bill on Wednesday that would make major changes to patent law by overhauling Patent Trial and Appeal Board reviews and infringement standards, saying the new legislation will make it easier and less expensive for patent holders to enforce their patents.

  • June 21, 2017

    Sony Says Quincy Jones Can’t Make In-House Atty Testify

    Sony Music Entertainment urged a California judge Wednesday to bar Quincy Jones from forcing its in-house attorney to testify at an upcoming trial over the legendary producer's $10 million royalty claims against Michael Jackson’s production company.

  • June 21, 2017

    Forest Denied Drug Wholesalers’ Profit Docs In Namenda Suit

    A federal magistrate judge on Wednesday shot down a bid by Forest Laboratories LLC to obtain profit information from a proposed class of drug wholesalers accusing the company of restricting competition by blocking generic versions of Alzheimer's drug Namenda, saying it is not clear how the information is relevant.

  • June 21, 2017

    Litigation Pros Bulk Up Holland & Knight’s Portland Office

    A team of litigators from Markowitz Herbold PC — including two who successfully beat back antitrust claims against Anheuser-Busch’s $100 billion merger with SABMiller last year — have joined Holland & Knight’s Portland, Oregon, office as partners, the firm said.

  • June 21, 2017

    Limelight Flubbed IP Deal Breach Notice, Del. Justices Told

    Akamai Technologies Inc. told the Delaware Supreme Court on Wednesday that a misaddressed email to terminate a patent settlement means longtime rival Limelight Networks Inc. cannot escape the $40 million in remaining payments.

  • June 21, 2017

    Jones Day Expands IP Practice With 2 New Partners

    Jones Day announced Tuesday that it has snagged two partners, one from WilmerHale and one from Honigman Miller Schwartz and Cohn LLP, to bolster the firm’s intellectual property practice in its Los Angeles and Detroit offices.

  • June 21, 2017

    Textbook Publishers Bring Infringement Suit Over Counterfeits

    A group of publishers hit educational products provider Follett Corp. and related companies with a copyright and trademark infringement suit in New York federal court Wednesday, alleging that they don't do enough to weed out counterfeit books, leading to them regularly buying and selling fakes.

  • June 21, 2017

    Fed. Circ. Backs Gilead's Hep C Patent Win Against Idenix

    A Federal Circuit panel on Wednesday affirmed a Patent Trial and Appeal Board ruling that Gilead Pharmasset LLC invented a hepatitis C treatment before Idenix Pharmaceuticals LLC and will be granted a patent.

  • June 21, 2017

    Judge Rips Attys Over Facebook Birth Copyright Case

    A man who live-streamed his son’s birth on Facebook has been ordered to pay the attorneys' fees of ABC, NBC and several other media outlets he unsuccessfully sued for using it — lawsuits that a federal judge says "no reasonable lawyer with any familiarity with the law of copyright" should have filed.

  • June 21, 2017

    Nobel Winner Attacks Sandoz Biosimilar Subpoena

    A Nobel Prize-winning researcher has moved to block a Sandoz Inc. subpoena seeking testimony related to a biosimilar of Amgen Inc.’s blockbuster immunosuppressant Enbrel, telling a Texas federal court that the deposition would almost certainly be fruitless.

  • June 21, 2017

    Lynyrd Skynyrd Must Hand Over Tour Info, Judge Says

    A New York federal judge on Wednesday reluctantly ordered the estates of the original Lynyrd Skynyrd band members to release any more information they have about who participated in reunion tours amid a copyright dispute over an in-production biopic, even though it said the film company’s bid for the information is “kind of thin soup.”

  • June 21, 2017

    GSK Wins $235M Verdict Against Teva In Coreg Patent Fight

    Teva Pharmaceuticals USA Inc. should pay GlaxoSmithKline LLC more than $235 million for willfully infringing a patent tied to the hypertension drug Coreg, a Delaware federal jury said.

  • June 21, 2017

    PTAB Lets Schaeffler Amend Some Claims In Patent Challenge

    The Patent Trial and Appeal Board, in a rare move, on Tuesday allowed the owner of a patent related to automobile transmissions to amend some claims in an inter partes review after finding that Valeo North America Inc. had shown the patent was invalid.

  • June 21, 2017

    Venue Fight Not Over In TC Heartland Patent Suit

    A Delaware federal judge has held off on TC Heartland’s request to transfer Kraft's patent infringement suit to Indiana following the U.S. Supreme Court’s landmark decision in the case limiting where patent suits can be filed, but he ordered the parties to weigh in on whether they agree the Delaware trial scheduled for the fall should be canceled.

  • June 21, 2017

    FDA Says Drug Approval Scheme May Stymie Generics

    Some aspects of the drug approval process might have wrongfully blocked generic alternatives from entering the market, an issue that will be undertaken shortly at a public meeting, the U.S. Food and Drug Administration has said.

  • June 21, 2017

    Squire Patton Boggs Adds Tech Partner In England

    Squire Patton Boggs LLP has bolstered its intellectual property and technology practice with the addition of a partner who previously managed Eversheds Sutherland’s technology team in the Leeds, England, office and the automotive team internationally.

Expert Analysis

  • A Change To Patent Invalidation In China: Part 2

    Junqi Hang

    A recent revision to China's patent examination guidelines offers patent owners, for the first time, the flexibility and opportunity to correct and perfect patent claims, which patent owners in the U.S. have long enjoyed. From the standpoint of the patent validity challenger, the revision appears to impart more restrictions on what they can do in a patent invalidity declaration proceeding, says patent attorney Junqi Hang.

  • High Court Interprets The Biosimilars Statute — What Now?

    Irena Royzman

    The U.S. Supreme Court's decision Monday in Amgen v. Sandoz is a win for biosimilar makers, but may ultimately have a limited impact in most cases. The ruling also provides lessons for Congress, say Irena Royzman and Nathan Monroe-Yavneh of Patterson Belknap Webb & Tyler LLP.

  • Misapplying FOIA To Confidential Info In Gov't Contracts

    John Zabriskie

    The recent Detention Watch ruling that information in a government contract per se falls outside the Freedom of Information Act’s trade secret and confidential information exemption may prove influential because of its detailed analysis of an often-overlooked element of that exemption. However, this would be undeserved because the New York federal court's analysis is flawed, say John Zabriskie and Jason Britt of Foley & Lardner LLP.

  • 'Dancing Baby' Copyright Case Through A Proper Lens: Part 1

    David Lichtman

    The question presented to the U.S. Supreme Court in Lenz v. Universal Music, as framed by the anti-copyright group the Electronic Frontier Foundation, somewhat misstates what the Ninth Circuit actually held in the underlying case, and the petition for certiorari does not actually address the most important issue raised by the case, say David Leichtman of Leichtman Law PLLC and Sherli Furst of Robins Kaplan LLP.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Drafting Patent Claims In 5D

    Kelce Wilson

    5D isn’t (yet) the next technology leap for video games and movies — it’s my proposed patent claim drafting plan integrating five D's: detectability, design-around resistance, desirability, direct not divided, and defined, says Kelce Wilson, counsel for Tenet3.

  • Restrictive Covenants: Looking Beyond The Criticism

    Richard Schoenstein

    Noncompete provisions and other restrictive covenants have been harshly criticized in the press in recent months. But the truth about these types of agreements is much more nuanced and complex than typically portrayed, say Richard Schoenstein and David Kleinmann of Tarter Krinsky & Drogin LLP.

  • An Interview With Ex-USPTO Director Todd Dickinson: Part 2

    David Haas

    During a recent conversation with us, Q. Todd Dickinson, former director of the U.S. Patent and Trademark Office, offered his thoughts on intellectual property legislative and judicial activity in recent years, the policies that could use improvement, and the challenges that lie ahead for patent holders, say David Haas and Scott Weingust of Stout Risius Ross LLC.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.