Allergan suffered a major setback when a federal judge invalidated parts of four patents for the dry-eye drug Restasis, but the judge’s concerns about striking a deal with a Native American tribe to shield the patents from review at the Patent Trial and Appeal Board could reverberate beyond the East Texas courtroom.
Apple Inc.’s general counsel is retiring and will be replaced by a former Honeywell senior vice president and GC, the phone and computer titan announced Friday.
Sen. Claire McCaskill, D-Mo., piled on to lawmakers’ objections to Allergan PLC’s transfer of patents for dry-eye treatment Restasis to a Native American tribe, releasing a draft bill Thursday aimed at nixing tribal immunity in reviews by the Patent Trial and Appeal Board.
Collegium Pharmaceutical Inc. is infringing two of Purdue Pharma LP's patents tied to the opioid painkiller OxyContin when making and selling its painkiller Xtampza ER, Purdue alleged on Friday in Massachusetts federal court, as part of a long line of similar suits.
A closely watched copyright case over whether Pharrell Williams and Robin Thicke's 2013 chart-topper “Blurred Lines” infringed Marvin Gaye’s iconic “Got To Give It Up” was argued Friday before the Ninth Circuit, where attorneys for the two sides clashed over what exactly a trial jury was allowed to hear.
A Federal Circuit panel affirmed a Court of Federal Claims decision to nix an inventor’s suit alleging that the U.S. government infringed his intellectual property related to dual handset telephones, finding Friday that he failed to sue within a special statute of limitations.
The Delaware Chancery Court on Friday ordered a Finnish renewable resources company to arbitrate its patent dispute with a Pennsylvania-based biotechnology startup before the American Arbitration Association, rejecting use of the International Chamber of Commerce despite the companies' agreeing to that venue too.
The U.S. International Trade Commission said Thursday it will be kicking off an investigation into thermoplastic parts used in imported cars by Toyota, BMW and others, after a judge previously terminated a probe upon discovering that petitioner Intellectual Ventures II LLC lacked standing because of an error in an assigning agreement.
A New Jersey federal judge Thursday signed off on a $60 million settlement reached by Merck and Upsher-Smith with a class of direct purchasers who accuse the drug companies of engaging in a pay-for-delay scheme tied to potassium supplements and then granted more than $20 million in attorneys' fees to the class counsel.
Three former McCarter & English LLP partners with decades of combined experience in life science and engineering patent applications, prosecutions and litigation, have joined Womble Carlyle Sandridge & Rice LLP in its new Boston office.
Medical supply giant Medline is suing competitor C.R. Bard over the design of an infection-combating catheterization kit, telling an Illinois federal court in papers filed Thursday that Bard is willfully infringing a patent issued just weeks ago.
Attorneys for direct purchasers who recently struck a $15 million deal in a suit accusing Allergan PLC and its subsidiary Warner Chilcott Ltd. of stifling competition for their drug Asacol urged a Massachusetts federal judge Thursday to hand them almost $5.46 million in fees and expenses, arguing that they are asking for significantly less than the $8.3 million worth of work they did in the case.
In this week's intellectual property partners on the move, Greenberg Traurig nabs a patent litigator who represents generic-drug makers, K&L Gates boosts its practice with an ex-Kilpatrick Townsend attorney, and Pierce Atwood adds a patent attorney in New England. Here, we offer details on the attorneys who have landed new jobs.
A company that sells a line of therapeutic foot products accused a competitor in Illinois federal court Wednesday of stealing its product photos and using its trademarks without permission to sell items on Amazon.
The U.S. Patent Trial and Appeal Board found Thursday that a patent protecting the vitamin regimen for one of drugmaker Eli Lilly & Co.’s best-selling cancer treatments, Alimta, is valid, rejecting a challenge to 22 of its underlying claims.
Target is using a font company's most popular typeface in branding and advertising far beyond what is allowed by the firms' licensing agreement, according to an infringement suit filed against the retail giant in Illinois federal court Wednesday.
Meat Loaf was slapped with a copyright infringement suit in California federal court Wednesday claiming his hit “I’d Do Anything For Love” was stolen more than 24 years ago, likely through the attorney who concurrently represented the rocker’s songwriter and the alleged song composer.
Louis Vuitton Malletier SA made news this week at the U.S. Supreme Court with a high-profile case over parody bags, but that’s nothing new: Over the past decade, the designer has been at the center of an unusually high number of similar lawsuits over joking references to its products.
A Federal Circuit panel on Thursday examined the reach of its recent decision that made it easier to prove that multiple parties have jointly infringed a patent, with the judges appearing skeptical that the ruling applied to a case involving luggage locks that airport security workers can open.
Amazon in recent days has found itself defending against overlapping tax claims from the European Commission and the U.S. Internal Revenue Service, with no clear path to disputing them if the IRS prevails.
A Kraft unit urged the Federal Circuit on Wednesday to rehear a split panel decision affirming the invalidation of a resealable cookie container patent that Kraft accused Kellogg of infringing, saying the panel used an analysis that is prohibited by the court.
The U.S. Supreme Court on Monday put tighter restrictions on where patent owners can file infringement lawsuits, a decision that upends nearly 30 years of established practice and will likely force many lawsuits out of the patent litigation hotbed of the Eastern District of Texas. Here, check out all of our best coverage of the case.
The Patent Trial and Appeal Board began operations in September 2012. Five years later, attorneys with Sterne Kessler Goldstein & Fox PLLC look back at the first phase of the Trial Division’s history and compare the results with predictions at its inception.
Recent case law underscores the importance of demonstrating a strong causal link between a false or misleading statement forming the basis of a Lanham Act false advertising claim and a resulting injury to the plaintiff. These decisions provide valuable guidance for any company that wishes to pursue or needs to defend against a false advertising claim, say Susan Cook and Rebecca Mandel of Hogan Lovells.
Some have cast the Disney v. VidAngel proceeding, recently decided by the Ninth Circuit, as the “big studios” versus the “little guy.” This is far from the truth. Instead, copyright law served to vindicate a small Utah company that pioneered filtering and adhered to the law, says Jim Burger of Thompson Coburn LLP.
The Patent Trial and Appeal Board's recent precedential decision in McAward confirms that the PTAB will continue to hold patent applications to a higher level of scrutiny relative to the district courts’ Nautilus definiteness standard for issued patents, say attorneys with Baker McKenzie.
Marketing plans for health care products, including medical devices, prescription drugs, dietary supplements and software as a medical device, could impact both regulatory and exclusivity strategies. Innovators should consider how they will position their product in the market and whether their exclusivity strategy aligns with their marketing strategy, say attorneys with Pepper Hamilton LLP.
In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.
While Wilmington, Delaware, is generally a pro-plaintiffs venue, there are also avenues by which corporate defendants can gain significant traction in this town, says Sherry Salmons of Salmons Communications Consulting.
The Trademark Trial and Appeal Board has long been viewed as an economical alternative to litigation for parties seeking to protect their trademark rights. But if developments in four recent trademark cases are any indication, that may be changing soon, says Eric Ball of Fenwick & West LLP.
Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.
Employees who do not manage their career moves carefully — like the recent example of former “star” Uber engineer Anthony Levandowski — can find themselves unemployed and in legal trouble. However, there are several precautions that can make a critical difference and increase the chances of a smooth transition to a new job, say attorneys with Sherin and Lodgen LLP.