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Intellectual Property

  • May 23, 2018

    Seyfarth Shaw Adds Employment Pro From Baker McKenzie

    Seyfarth Shaw LLP announced Wednesday that it has added to its Houston office a former Baker McKenzie LLP employment partner with experience fending off major trade secret and class action suits.

  • May 23, 2018

    UCB’s Epilepsy Drug Patent Win Upheld By Fed. Circ.

    The Federal Circuit on Wednesday affirmed a Delaware federal court's finding that a UCB Inc. patent on the epilepsy drug Vimpat is not invalid for double patenting or obviousness, upholding the company's win over a slew of generics makers including Mylan and Accord.

  • May 23, 2018

    Fed. Circ. Says Pull-Tab Patent Suit Rightfully Tossed

    The Federal Circuit on Wednesday upheld lower court rulings that freed Ball Corp. and Alcoa Inc. from a patent lawsuit over machines that make pull tabs on beverage cans, finding the patent owner failed to sufficiently allege infringement.

  • May 23, 2018

    Biosimilars Imperiled By Big Drug Rebates, FDA Chief Warns

    The fledgling industry of lower-cost biosimilars is increasingly imperiled by hefty rebates that are attached to higher-cost biologics in exchange for preferential insurance coverage, the U.S. Food and Drug Administration’s leader said Wednesday.

  • May 23, 2018

    TCJA Will Lead To Fewer IP Investments, Panelist Says

    Last year’s tax overhaul legislation will lead to fewer investments in intellectual property during the next 10 years, a former Obama administration economist told a tax conference Wednesday in Washington, D.C.

  • May 23, 2018

    Impax Dismissal Offers Clues On Pay-For-Delay Under Actavis

    The recent dismissal of a Federal Trade Commission action challenging a purported pay-for-delay agreement between Endo and Impax provides important insights about how courts could analyze these types of agreements under the Supreme Court's landmark Actavis ruling.

  • May 23, 2018

    Teva Urges Justices To Reject Fed. Circ. On-Sale Bar Appeal

    Teva Pharmaceuticals has urged the U.S. Supreme Court not to review the Federal Circuit's holding on the America Invents Act's changes to the on-sale bar rule, arguing Helsinn Healthcare is wrong to claim that the ruling puts "countless" patents at risk.

  • May 23, 2018

    Google Accuses Online Ordering Co. Of Hijacking Biz Pages

    Google has accused an online ordering service in California federal court of disguising itself as a Google affiliate to trick restaurant owners into giving up control of their business profiles on the search engine, infringing the tech giant’s trademark in the process.

  • May 23, 2018

    Spotify Wins Approval for $43M Songwriter Settlement

    Spotify has won final approval for a $43 million class action settlement over unpaid royalties to songwriters, the kind of liability that streaming services hope to avoid via a major copyright bill that's pending in Congress.

  • May 23, 2018

    What We Know About Patent Venue Post-TC Heartland

    Since the U.S. Supreme Court’s TC Heartland ruling one year ago restricted where patent suits can be filed, the courts have grappled with many venue issues the decision didn’t address. Here’s a look at the rulings that have helped clarify questions about venue law — and some issues that remain unresolved.

  • May 22, 2018

    House Bill Would Extend USPTO’s Fee-Setting Power

    Two members of the U.S. House of Representatives introduced legislation Tuesday that would allow the U.S. Patent and Trademark Office to retain its fee-setting authority, which is set to expire in September, mirroring a bill introduced in the Senate in March.

  • May 22, 2018

    Iancu Defends AIA Claim Construction Plan To Congress

    U.S. Patent and Trademark Office Director Andrei Iancu said at a House Judiciary Committee hearing Tuesday that a planned change to the claim construction standard for America Invents Act reviews will increase consistency and efficiency, defending the move to lawmakers who expressed concern about it.

  • May 22, 2018

    Orrick Nabs Weil Partner To Co-Lead IP Practice

    Orrick Herrington & Sutcliffe LLP has hired the former co-chair of Weil Gotshal & Manges LLP’s patent litigation practice to co-lead Orrick’s global intellectual property practice, after he's represented major technology companies like Oracle Corp., eBay Inc. and Micron Technology in high-profile patent disputes, Orrick said Tuesday.

  • May 22, 2018

    Seyfarth Adds Former Arnold & Porter Patent Atty In NY

    Seyfarth Shaw LLP announced Monday it had snagged veteran patent litigator and former Arnold & Porter partner Scott Lindvall to head up the firm’s new intellectual property trial practice in New York, continuing the firm’s efforts to build up its IP practice.

  • May 22, 2018

    Wi-Fi One Seeks 2nd Fed. Circ. Rehearing In Patent Dispute

    After winning a ruling that opened the door for more appeals of Patent Trial and Appeal Board decisions, Wi-Fi One LLC asked Monday for another chance in front of the full Federal Circuit, as it tries to salvage its messaging patents.

  • May 22, 2018

    Chick-Fil-A, ESPN Want Out Of TV Commercial Copyright Suit

    Chick-fil-A Inc. and ESPN Inc. on Tuesday asked a Texas federal court to toss a copyright infringement suit alleging they stole music from a little-known Dallas rock band to fill out two commercials, saying Platinum Jack Entertainment Inc. hasn’t provided a shred of evidence to back up its claims.

  • May 22, 2018

    Allstate Takes Kia Trademark Battle To 9th Circ.

    Allstate has kicked off an appeal to the Ninth Circuit in a lawsuit claiming Kia Motors Corp.’s “Drive Wise” brand infringed the insurer’s “Drivewise” trademark, blasting a trial judge for overturning a verdict handed down by “nine ordinary consumers.”

  • May 22, 2018

    MoMa TM Not Famous Enough For Infringement, Cafe Claims

    Matcha Japanese tea powder aficionados operating Manhattan’s MoMaCha cafe urged a New York federal judge to toss the Museum of Modern Art’s claim alleging the cafe dilutes its trademarks, saying MoMa’s infringement suit fails to demonstrate its nickname, word marks and logo are truly famous.

  • May 22, 2018

    5th Circ. Sides With Viacom Over 'SpongeBob' Eatery

    The Fifth Circuit on Tuesday ruled that a proposed "Krusty Krab" restaurant — the same name as a fictional burger joint in the Nickelodeon cartoon "SpongeBob Squarepants" — would violate Viacom's trademark rights.

  • May 22, 2018

    New Era Hit With TM Suit Over 'Fear Of God' Cap Line

    New Era Cap Co. Inc. was hit with a trademark suit on Tuesday in federal court by a Massachusetts religious apparel company started by a college student who says the baseball hat maker, which provides caps for Major League Baseball and recently released its Fear of God cap line, is illegally blocking her trademark petition.

Expert Analysis

  • Nat'l Space Council Could Launch New Era Of Patent Policy

    Larry Williams Jr.

    While the recently re-established National Space Council has a broad mandate to develop U.S. space policy recommendations, one important area for the council should be fostering creative endeavors in space. In particular, the council should determine if the current patent law framework is adequate, say Larry Williams Jr. and William Allen of Thompson Hine LLP.

  • The Future Of Antitrust Claims At The ITC

    Matthew Rizzolo

    In March, the U.S. International Trade Commission's dismissal of U.S. Steel’s complaint caused some to question whether there remained a viable path for antitrust-based claims at the ITC. But the initiation of an antitrust-based Section 337 investigation just days later shows that the door for antitrust claims at the ITC has not closed, say attorneys with Ropes & Gray LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • Overlooked Changes To Patent Cooperation Treaty Practice

    Nicholas Landau

    As a result of changes to the patent code from the America Invents Act, the Patent Law Treaties Implementation Act and the AIA's technical corrections amendment, the bypass patent application presents many potential advantages. A bypass application could have resolved Actelion’s recent patent-term problem, say Nicholas Landau and Jake Neu of Bradley Arant Boult Cummings LLP.

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 2

    David Kluft

    As many attorneys head to Seattle this week for meetings of the International Trademark Association and the American Intellectual Property Law Association, David Kluft of Foley Hoag LLP explores the city's history through trademark disputes from the early 20th century.

  • Dark Time For Data: Get Ready For WHOIS Blackout

    Peter Willsey

    The WHOIS system is set to undergo a monthslong "blackout" period when the EU General Data Protection Regulation takes effect on May 25, during which intellectual property lawyers will have a much more difficult time identifying the owners of domain names associated with infringing trademarks and content, say Peter Willsey and Timothy Hance of Cooley LLP.

  • The Future Of Design Patent Remedies Is Unclear

    Derek Dahlgren

    The Apple v. Samsung design-patent retrial — scheduled to begin on Monday — is an opportunity to clear up confusion on remedies. However, the complicated test that will be used for determining the article of manufacture presents the risk of creating more confusion, say Derek Dahlgren and Spencer Johnson of Rothwell Figg Ernst & Manbeck PC.

  • A Pre-Conference Guide To Early Seattle TM Cases: Part 1

    David Kluft

    As many attorneys head to Seattle for meetings of the International Trademark Association and the American Intellectual Property Law Association, let's explore the city's history through trademark disputes from the early 20th century, says David Kluft of Foley Hoag LLP.

  • The District Court Split On Pleading Indirect Infringement

    Joseph Saltiel

    District courts have diverged over the years as to what the proper standards should be for pleading indirect patent infringement. The Federal Circuit or Congress should resolve this inconsistency, says Joseph Saltiel of Dinsmore & Shohl LLP.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.