Intellectual Property

  • August 11, 2017

    Brand Battles: Uber, Novartis, Coachella, General Motors

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Uber takes on a mortgage lender with a similar name, Novartis faces drug name pushback from a rival pharma giant, Coachella targets a "Filmchella" application, and General Motors says its "Hummer" trademark is alive and well.

  • August 11, 2017

    Medical Device Cos. Must Arbitrate IP Dispute, Judge Says

    A Minnesota federal judge on Thursday tossed an intellectual property license dispute between two medical device companies over technology to treat a heart condition, finding that all of the still-live claims must be arbitrated in India.

  • August 11, 2017

    Fed. Circ. Preserves USPTO Win In Patent Atty's FOIA Suit

    The Federal Circuit on Friday left intact a lower court’s decision to toss a lawsuit from an attorney who accused the U.S. Patent and Trademark Office of violating the Freedom of Information Act by withholding information on its disciplinary investigation of him.

  • August 11, 2017

    IV Can't Skirt Antitrust Counterclaims, Capital One Says

    Capital One Financial Corp. on Thursday urged a Maryland federal court not to end its counterclaims accusing Intellectual Ventures I LLC of monopolizing the banking technology market in violation of the Clayton and Sherman acts.

  • August 11, 2017

    Fed. Circ. Affirms Nix Of 5 CertusView Patents Under Alice

    CertusView Technologies LLC on Friday lost its bid to revive a group of electronic records patents when the Federal Circuit issued a judgment sealing their fate just a day after a tough oral argument in which the company was pressed to show its work wasn’t abstract under Alice.

  • August 11, 2017

    Nintendo Accused Of Infringing Gamevice's Patent

    Gamevice Inc. is accusing Nintendo Co. Ltd. of infringing a patent for a handheld gaming device with the new Nintendo Switch console and its detachable controllers, according to a suit recently filed in California federal court.

  • August 11, 2017

    ‘Game Of War’ Maker Pushes To Amend $247M Suit

    Machine Zone fought to amend its $247 million contract suit Friday against a bankrupt data storage center that itself claims the “Game of War” maker stole trade secrets to build its own center, arguing the changes will not impair Machine Zone's adversary in their already "massive bilateral warfare on damages."

  • August 11, 2017

    Fed. Circ. Affirms British Standards Nix Telecom Patent

    The Federal Circuit has affirmed a Patent Trial and Appeal Board decision invalidating key claims of a patent for a telecommunications system owned by C-Cation Technologies, agreeing with its competitors’ reasoning that the patent is obvious in light of technical standards published by the British government.

  • August 11, 2017

    Game Developer Steps Up To Plate In NCAA Trademark Suit

    A game developer accused of infringing the National Collegiate Athletic Association’s “March Madness” trademark said he should not be found in default for failing to answer the NCAA’s complaint, telling an Indiana federal court Thursday that there is good reason for the delay.

  • August 11, 2017

    Fed. Circ. Pushed To Revive $200M Boston Scientific IP Suit

    A California cardiologist claiming that Boston Scientific Corp. owes him more than $200 million in royalty payments for using his patented stent technology argued to a Federal Circuit panel Friday that a trial court improperly threw out a favorable infringement verdict under the rarely used “ensnarement” defense.

  • August 11, 2017

    IP Hires: Quinn Emanuel, Locke Lord, Farnan

    In this week's intellectual property partners on the move, a former Delaware district chief judge joins Farnan LLP, Locke Lord LLP nabs an IP partner for its London office, and an ex-ambassador to the Czech Republic rejoins Quinn Emanuel Urquhart & Sullivan LLP. Here, we offer details on these attorneys and others who have landed new jobs.

  • August 11, 2017

    Movie Studios Beat Video Editing Co.'s Conspiracy Claims

    A California federal judge on Thursday tossed out accusations by video editing company VidAngel Inc. that Disney Enterprises Inc., Lucasfilm Ltd. LLC, Twentieth Century Fox Film Corp. and Warner Bros. Entertainment Inc. illegally conspired to not do business with the company, saying there is no evidence of such an agreement.

  • August 11, 2017

    Apple Store Enough To Keep IP Suit In Delaware, Judge Says

    Apple Inc. may not move a patent-holding company’s infringement suit from Delaware under the new TC Heartland precedent because the tech giant’s retail store in the state qualifies as an “established place of business,” a federal court ruled Wednesday.

  • August 11, 2017

    Orrick Adds Silicon Valley IP Litigator From K&L Gates

    Orrick Herrington & Sutcliffe LLP beefed up its intellectual property team with the addition of a former K&L Gates partner and first-chair trial lawyer who has extensive experience in complex technology patent litigation, the firm announced Thursday.

  • August 10, 2017

    Acorda Asks Fed. Circ. To Undo Nix Of Ampyra Drug Patents

    Acorda on Wednesday kicked off its arguments challenging a Delaware federal judge’s invalidation of the asserted claims of patents covering its blockbuster multiple sclerosis drug Ampyra, contending that the judge erred in concluding that they were obvious.

  • August 10, 2017

    Fed. Circ. OKs $12M Fees For Lilly, Elan In IP ‘Conspiracy’

    The Federal Circuit on Thursday rejected Alzheimer's Institute of America Inc.’s argument that only juries can award attorneys’ fees in patent cases, affirming $12 million in fee awards against the company after finding it obtained patents asserted against Eli Lilly and Elan through a “conspiracy.”

  • August 10, 2017

    Calif. High Court Affirms Latham Malicious Prosecution Win

    The California Supreme Court on Thursday shut down a malicious prosecution case against Latham & Watkins LLP, rejecting the contention of two former executives that a trade secrets suit the firm helped bring against them was baseless despite an earlier adverse ruling against the pair in the case.

  • August 10, 2017

    Del. Jury Finds AVX Infringed Greatbatch Device Patent

    A federal jury in Delaware on Thursday found that AVX Corp. infringed one of the Greatbatch Ltd.'s patents at issue in a weeklong trial connected to pacemaker components, setting in motion further proceedings to determine whether the infringement was willful.

  • August 10, 2017

    Overturning TTAB, Judge Rules 'Booking.com' Not Generic

    A Virginia federal judge on Thursday reversed a decision by the Trademark Trial and Appeal Board that “Booking.com” could not be registered as a trademark, ruling that the addition of “.com” to a generic term makes it potentially protectable under the Lanham Act.

  • August 10, 2017

    Allergan Again Pressures FDA On Restasis Generics

    Allergan PLC is continuing its push to keep a generic version of the dry-eye blockbuster Restasis off the market by submitting at least its third citizen petition to the U.S. Food and Drug Administration arguing that the agency is letting companies use insufficient studies to prove bioequivalence.

Expert Analysis

  • A Fed. Circ. Failure And The Constitutionality Of IPR

    Joseph Kovarik

    The constitutionality of inter partes review and patent proceedings before the U.S. International Trade Commission now hangs in the balance at the U.S. Supreme Court. The grant of certiorari in Oil States makes the Federal Circuit’s seeming inattention to Cascades Projection v. Epson even more curious, say Joseph Kovarik and Tyler Boschert of Sheridan Ross PC.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • The Post-Alice Blend Of Eligibility And Patentability

    Lewis Hudnell

    Although the U.S. Supreme Court’s decision in Alice set forth a two-part test for determining patent eligibility, both the Supreme Court and the Federal Circuit have drawn on other sections of the patent statute to determine eligibility. As a result, many patent-eligibility determinations have resembled patentability determinations, says Lewis Hudnell, founder of Hudnell Law Group PC.

  • How Many Bites At The Apple After A PTAB Challenge?

    Steven Pollinger

    A petitioner at the Patent Trial and Appeal Board always must be cognizant of whether its inter partes review petition will preclude additional validity challenges against the patent in question. Unfortunately for petitioners, they must chart out this high-stakes PTAB strategy in an unsettled legal landscape, say Steven Pollinger and Craig Tolliver of McKool Smith PC.

  • Canadian High Court's Troubling Google Decision

    Armen Nercessian

    The Canadian Supreme Court's recent decision in Google v. Equustek is the first time a national high court has mandated deindexing worldwide. It provides the courts of other nations a road map for how to justify binding online service providers to orders requiring worldwide censorship of materials on the internet, say Armen Nercessian and Guinevere Jobson of Fenwick & West LLP.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, it's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • BPCIA Questions Continue To Arise For Biosimilar Applicants

    Christine Willgoos

    Whether and when an early notice of commercial marketing lifts the bar to declaratory judgment actions set forth in the Biologics Price Competition and Innovation Act is one of many issues likely to be litigated in the follow-up to the U.S. Supreme Court's decision in Sandoz v. Amgen, say attorneys with Kramer Levin Naftalis & Frankel LLP.

  • The Best Documents In Your Case May Be From 3rd Parties

    Wyatt Dowling

    Cases are built on evidence and evidence comes from discovery. But discovery is largely a voluntary process. Serving a document subpoena on a third party can be an efficient and creative way to fill in the gaps that may exist in the productions of opposing parties, says Wyatt Dowling of Yetter Coleman LLP.

  • Keeping Boundaries On 'At Once Envisage' In Anticipation

    Tom Irving

    The law of anticipation is often recited in terms that are nearly the very definition of a bright-line rule. But the law of anticipation in genus/species situations may be less clear, say Tom Irving and Stacy Lewis of Finnegan Henderson Farabow Garrett & Dunner LLP.